Bombay High Court

VISHAL JAYSING NALAGEversusAMIT SUHAS MAYEKAR

Disposal: Allowed

Holding

The court held that the accused may withdraw the Rs.3,00,000 deposited with the trial court.

Summary

The original complainant filed a complaint under Section 138 of the Negotiable Instruments Act alleging a bounced cheque of Rs.12 lakh. The trial court awarded compensation of Rs.14.5 lakh and the accused deposited Rs.3 lakh with the court. The accused filed an interim application seeking permission to withdraw the deposited amount. Both parties were heard, and the judge examined the application. Finding no impediment, the court allowed the interim application, permitting the withdrawal of the Rs.3 lakh. The order was directed to be acted upon on an authenticated copy.

Issues considered

Whether the accused is entitled to withdraw the amount deposited with the trial court pending the final decision on the revision application under Section 138 of the Negotiable Instruments Act

Legislation cited

Negotiable Instruments Act — s. 138

Subjects

Section 138
Negotiable Instruments Act
cheque bounce
interim application
deposit withdrawal
criminal revision

Judgment

                                                      27 - IA - 5400 - 2024 (CR).docx


         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIRCUIT BENCH AT KOLHAPUR
                 CRIMINAL APPELLATE JURISDICTION
             CRI-INTERIM APPLICATION NO. 5400 OF 2024
                                    IN
                CR. REVISION APPLN. NO. 118 OF 2022
Vishal Jaysing Nalage                                        ...Applicant
              VERSUS
Amit Suhas Mayekar                                        ...Respondent
                                  WITH
              CRI-INTERIM APPLICATION NO. 814 OF 2022
                                    IN
                CR. REVISION APPLN. NO. 118 OF 2022
Amit Suhas Mayekar                                           ...Applicant
              VERSUS
Vishal Jaysing Nalage And Anr                            ...Respondents
                              ——————
Gajendra Jadhav, Advocate for Applicant
Mr. Ramdas Shelke a/w. Ms. Vaishnavi Shelake a/w. Mr. Nikhil
Dharmadhikar i/b. Adv Tangasali, Advocate for respondent no.1.
Mr. Avinash A. Naik, APP for the respondents-State.
                              ——————

                                    Coram :       RAJESH S. PATIL, J.

                                    Date      :   AUGUST 14, 2026.

P. C. :

                  INTERIM APPLICATION NO. 5400 OF 2024

1.        This Interim Application has been filed by the original complainant

in a complaint under Section 138 of the Negotiable Instruments Act,

seeking permission to withdraw the amount deposited by the accused in

this Court.

2.        Mr. Ramdas Shelke, learned counsel appearing for the accused, has



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                                                   27 - IA - 5400 - 2024 (CR).docx


opposed this application.

3.    I have heard the learned counsel for both the sides and have gone

through the contents of the Interim Application.

4.    The original cheque amount was Rs.12 lakhs. The Trial Court had

granted compensation of Rs.14,50,000/-. The revision filed against the

said order of the Trial Court was rejected by the Sessions Court. The

applicant-accused has deposited an amount of Rs.3,00,000/- with the

Trial Court.

5.    In the present application, the applicant is seeking permission to

withdraw the said amount of Rs.3,00,000/-.

6.    Having heard the learned counsel for both the sides and having

gone through the Interim Application, I am convinced that the present

Interim Application deserves to be allowed.

7.    Interim Application stands allowed in terms of prayer clause (b).

8.    All concerned to act on authenticated copy of this order.



                                                      (RAJESH S. PATIL, J.)




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