63-IA-2171-2026 (CR).doc S.S.Kilaje IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2171 OF 2026 IN CRIMINAL REVISION APPLICATION NO. 137 OF 2025 Yogesh Jugalkishore Mehta ...Applicant/s VERSUS State Of Maharashtra & Anr. ...Respondent/s _________________________________________________________________ Mr. Sumeet Upadhyay i/b Law Global, Advocate for Applicant. Mr. S. R. Agarkar, APP for Respondent-State. Mr. Manish M. Bohra a/w Mr. Sujal Jain, Advocate for Respondent No.2. _________________________________________________________________ CORAM : SHIVKUMAR DIGE, J. DATE : 24th SEPTEMBER, 2026. P.C. : 1. By this Interim Application, the applicant is seeking withdrawal of amount. 2. It is contention of learned counsel for the applicant that the respondent No.2 has been convicted the Courts below. The cheque was issued in the year 2000 yet the applicant has not received full cheque amount, hence requested to allow the application. 3. Learned counsel for the respondent No.2 strongly objected to allow the application on the ground that the cheque was not issued as a legal liability but the Court below failed to consider this fact. The SONALI SATISH KILAJE Digitally signed by SONALI SATISH KILAJE Date: 2026.09.29 18:51:33 +0530 63-IA-2171-2026 (CR).doc S.S.Kilaje respondent No.2 has filed complaint in the context of it. If applicant withdrawing the amount and respondent No.2 succeeds in the Revision Application, it is difficult to the respondent No.2 to recover the amount and requested to reject the application. 4. I have heard both the learned counsel. The applicant is a complainant and respondent No.2 is accused. The respondent No.2 has been convicted by the Courts below under Section 138 of Negotiable Instrument Act. The cheque was issued in the year 2000. If direction is given to the applicant to redeposit the amount if directed by this Court would suffice and I pass following order. ORDER (i) The Interim Application is allowed and disposed of. (ii) The applicant is permitted to withdraw deposited amount of Rs.50,000/- along with interest if any with undertaking that he shall redeposit the amount, if required, by this Court. 5. List the Revision Application on 30th October, 2026. (SHIVKUMAR DIGE, J.)