Bombay High Court

APARNA ADHIK BHOSALEversusTHE STATE OF MAHARASHTRA

Disposal: Disposed Off

Holding

The Court permitted the complainant to withdraw the Rs.3,00,000 and disposed of the revision application by compounding the dispute.

Summary

Aparna Adhik Bhosale (applicant) had deposited Rs.50,000 and Rs.2,50,000 in the District Court, Sangli, in a criminal proceeding, which were not placed in fixed deposits because the amounts were part of a criminal case. The applicant's advocate could not locate her client, making it impossible to determine any interest due on the deposits. Respondent No.2, the complainant, argued that since the applicant was untraceable, he should be allowed to withdraw the total sum of Rs.3,00,000 and compound the dispute. The High Court held that the complainant could indeed withdraw the amount and that the criminal revision application stood disposed as the matter was compounded. Consequently, all pending interim applications were also dismissed.

Issues considered

Whether the amount deposited in a criminal proceeding can be withdrawn by the complainant when the depositor is untraceable
Whether the criminal revision application can be disposed by compounding the dispute

Subjects

criminal revision
withdrawal of deposit
compounding of criminal case
untraceable applicant
district court deposit

Judgment

                                                    901-revn-594-2018.docx


      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  CIRCUIT BENCH AT KOLHAPUR
               CRIMINAL APPELLATE JURISDICTION
              CR. REVISION APPLN. NO. 594 OF 2018
                             WITH
          CRI-INTERIM APPLICATION NO. 2760 OF 2024
                               IN
              CR. REVISION APPLN. NO. 594 OF 2018
Aparna Adhik Bhosale                                 ...Applicant
             VERSUS
The State Of Maharashtra & Ors                   ...Respondents

                        ——————
Mr. Prajakt M Arjunwadkar a/w. Mr. Ritesh R. Raut, Advocate for
Applicant.

Mr. Padmanabh Pise a/w. Prathamesh Patil i/b. P. Padnamabh &
Associates, Advocate frespondent no.2.
Mr. Shrikant H. Yadav, APP for the respondents-State.
                           ——————

                               Coram :      RAJESH S. PATIL, J.

                               Date     :   AUGUST 21, 2026.

P. C. :

1.        I have received a report from the Registry based on a

communication from the District Court, Sangli. The amount

deposited by the accused in the District Court, Sangli, is Rs.50,000/-

and Rs.2,50,000/-, deposited on 8 January 2016 and 8 February

2017, respectively. Since the amounts were deposited in a criminal

proceeding and not in a civil proceeding, the Bombay High Court


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Circular No. A (Spl.)/0404/180/2003 dated 17 October 2003,

which directs the Registry to deposit amounts exceeding Rs.2,000/-

in banks in civil and MACP matters, would not apply. Hence, in the

present criminal proceeding, the said amounts were not deposited in

fixed deposits.

2.    The advocate appearing for the applicant is not in touch with

her client. Her whereabouts are not known. Hence, the advocate

appearing for the applicant could not make any further positive

statement as regards interest, if any, payable apart from the

principal amount of the cheque.

3.    Mr. Pise, learned counsel appearing for respondent No.2-

complainant, submits that since the applicant is not traceable and

her whereabouts are not known, it would be in the interest of his

client that he be permitted to withdraw the amount of Rs.3,00,000/-

lying with the District Court, Sangli, and the present proceeding can

be compounded.

4.    In view of the above, respondent No.2-complainant is

permitted to withdraw the amount of Rs.3,00,000/- lying with the

District Court, Sangli. The present Criminal Revision Application



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stands disposed of as the dispute between the parties stands

compounded.

5.    All pending Interim Applications, if any, also stand disposed

of.

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



                                               (RAJESH S. PATIL, J.)




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