Bombay High Court
Katpadi Krishnarai KamathversusNandlal Madhavji Thakkar
- Decided
- Disposal
- Disposed Off
Holding
The Court held that the applicant may withdraw the deposited amount with interest, provided she executes an undertaking to re‑deposit the sum upon the Court's direction.
Summary
The applicant, the original complainant, filed an interim application seeking withdrawal of Rs. 3,00,000 deposited by the respondent after the latter's conviction under Section 138 of the Negotiable Instruments Act, a conviction affirmed by both trial and appellate courts. The respondent objected to the withdrawal. The High Court, after hearing counsel, noted that the respondent had been duly convicted and that the deposit was made pursuant to the conviction. The Court allowed the application, permitting the applicant to withdraw the amount with any accrued interest, subject to an undertaking to re‑deposit the sum if the Court later requires it. The matter was listed for further revision on 5 October 2026.
Issues considered
- Whether the original complainant is entitled to withdraw the amount deposited by the convicted respondent under Section 138 of the Negotiable Instruments Act.
- Whether the Court may condition such withdrawal on an undertaking to re‑deposit the amount if required.
Legislation cited
- Negotiable Instruments Act — s. 138
Subjects
- Section 138
- Negotiable Instruments Act
- withdrawal of deposit
- criminal revision
- high court of Bombay
- interest
- undertaking
Judgment
47-REVN-72-2026 (CR).doc
Shubhada S Kadam
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 3146 OF 2026
IN
CRIMINAL REVISION APPLICATION NO. 72 OF 2026
Katpadi Krishnarai 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. 3,00,000/- 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
11:17:35
+0530
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47-REVN-72-2026 (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.3,00,000/- 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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