Bombay High Court
Katpadi Krishnai KamathversusNandlal Madhavji Thakkar
- Decided
- Disposal
- Disposed Off
Holding
The Court held that the applicant, being the original complainant, may withdraw the deposited amount with interest, subject to an undertaking to re‑deposit if directed.
Summary
The applicant, who is the original complainant, filed an interim application seeking withdrawal of Rs.4,00,000 deposited by the respondent who was convicted under Section 138 of the Negotiable Instruments Act by the trial and appellate courts. The respondent opposed the withdrawal. The Court noted the conviction and the applicant's status as complainant, and allowed the application, permitting withdrawal of the deposited amount with any accrued interest, subject to the applicant furnishing an undertaking to re‑deposit the sum if the Court later requires. The matter was listed for further hearing on 5 October 2026.
Issues considered
- Whether the original complainant is entitled to withdraw the amount deposited by a convicted respondent in a criminal revision proceeding
Legislation cited
- Negotiable Instruments Act — s. 138
Subjects
- Criminal revision
- Section 138 NI Act
- Withdrawal of deposit
- Interest
- Undertaking
- Appellate jurisdiction
Judgment
46-REVN-71-2026 (CR).doc
Shubhada S Kadam
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 3145 OF 2026
IN
CRIMINAL REVISION APPLICATION NO. 71 OF 2026
Katpadi Krishnai Kamath ...Applicant/s
Versus
Nandlal Madhavji Thakkar and anr. ...Respondent/s
_________________________________________________________________
Ms. Nipa Shah, Advocate for Applicant/Original Complainant.
Mr. Vikas Kolekar, Advocate for Respondent No.1.
Mr. M. G.Patil, APP for Respondent No.2-State.
_________________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 7th SEPTEMBER, 2026.
P.C. :
1. By this application, applicant is seeking withdrawal of the
amount deposited by the respondent.
2. It is contention of learned counsel for the applicant that
respondent is convicted under Section 138 of the Negotiable Instruments
Act, by the Trial Court and it is confirmed by the Appellate Court. The
respondent has deposited Rs.4,00,000/- before this Court and the
applicant be permitted to withdraw this amount.
3. Learned counsel for the respondent No.1 strongly objected for
Digitally
signed by
SHUBHADA
withdrawal of the amount.
SHUBHADA SHANKAR
SHANKAR KADAM
KADAM Date:
2026.09.09
11:17:39
+0530
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46-REVN-71-2026 (CR).doc
Shubhada S Kadam
4. I have heard both learned counsel. The applicant is the original
complainant. The respondent is convicted by the Courts below.
Considering this fact, I pass following order :
ORDER
(i) The application is allowed.
(ii) The applicant is permitted to withdraw the amount of
Rs.4,00,000/- with accrued interest, if any.
(iii) The applicant shall file an undertaking that that he will
re-deposit the said amount as and when required by this Court.
5. List the revision on 5th October, 2026.
(SHIVKUMAR DIGE, J.)
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