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Bombay High Court

Bhausaheb Bhajangrao Dhavale vs The State Of Maharashtra And Another on 17 October, 2022

Author: S.G. Mehare

Bench: S.G. Mehare

                                                                  53-appln-3540-2022.odt
                                        (1)


             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                   CRIMINAL APPLICATION NO.3540 OF 2022
                            IN REVN/179/2022

                    BHAUSAHEB BHAJANGRAO DHAVALE
                                   VERSUS
                THE STATE OF MAHARASHTRA AND ANOTHER
                                      ...
                    Advocate for Applicant : Mr. A.B. Jagtap
                   APP for Respondent/State : Mr. K.S. Patil
                 Advocate for Respondent No.2 : Mr. B.P. Pande

                                        CORAM : S.G. MEHARE, J.

                                          DATED : 17th OCTOBER, 2022

 PER COURT:-

 1.               The applicant-respondent filed this application for

 releasing the amount of Rs.40,000/-.

 2.               Learned counsel for the original petitioner opposed this

 application contending that the applicant has a good chance of

 success. The mediation is in progress.

 3.               It is not in dispute that as per the direction of this Court,

 the petitioner has deposited Rs.40,000/-.                The petitioner has

 challenged the judgment and order passed under Section 138 of the

 Negotiable Instruments Act. The Court held the petitioner guilty for

 the said offence and determined the liability. Therefore, the amount

 claimed by the applicant may be released on undertaking. Hence, the

 following order :




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                                                                  53-appln-3540-2022.odt
                                       (2)


                                     ORDER
 I)               The application is allowed.

 II)              The office is directed to release Rs.40,000/- along with

interest, if that amount is deposited in bank on the undertaking that he would redeposit the amount received by him within two weeks if the judgment is reversed.

(S.G. MEHARE, J.) Mujaheed// ::: Uploaded on - 18/10/2022 ::: Downloaded on - 19/10/2022 18:42:08 :::