1 23-appr-265-26.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPR) NO. 265 OF 2026 IN CRIMINAL REVISION NO. 217 OF 2026 M/s Ameya Paper Mills Pvt Limited through Directors and others Versus M/s Gharkul Industries Pvt. Ltd Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri Subhodh Dharmadhikari, Senior Advocate assisted by Shri Tejas Deshpande, Advocate for the applicant. Shri F.T.Mirza, Senior Advocate assisted by Shri Akshay Sudame, Advocate for the non-applicant/complainant. CORAM : MEHROZ K. PATHAN, J. DATED : 5th OCTOBER, 2026. Heard Shri Mirza, learned Senior Advocate alongwith Shri Sudame, learned counsel for the complainant. 2. This is an application filed by the complainant M/s Gharkul Industries Pvt. Limited, Badnera for withdrawal of the amount of Rs.37,50,000/- deposited by the accused during the pendency of the appeal before the learned Sessions Judge, Amravati. SKNair 2026:BHC-NAG:13421 2 23-appr-265-26.odt 3. Shri Dharmadhikari, learned Senior Advocate for the accused strongly opposes the withdrawal of the amount as the conviction has not attained finality. 4. The amount deposited by the applicant is towards 10% of the cheque amount in the present case. This Court has allowed the suspension of sentence of the accused on the ground that the applicant has shown his bonafides by depositing certain amount, I see no impediment for allowing the non-applicant/complainant to withdraw the aforesaid amount subject to the non-applicant/complainant giving an undertaking to this Court that the non-applicant/complainant shall return back the amount as and when if the revision results into acquittal of the applicant/accused. Hence, I am inclined to pass the following order. ORDER i. The application is allowed. ii. The non-applicant/complainant is permitted to withdraw the amount of Rs.37,50,000/- with interest, if any, accrued thereon by the applicant/accused before the learned Appellate Court, subject to the non-applicant/complainant giving an undertaking before this Court that SKNair 3 23-appr-265-26.odt the aforesaid amount shall be returned back along with interest, if the present revision results into acquittal of the accused. 5. The application is allowed and disposed of accordingly. [MEHROZ K. PATHAN, J.] SKNair Signed by: Mr. S.K. NAIR Designation: PS To Honourable Judge Date: 08/10/2026 12:44:53