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2026 DAILYLAW 16413 (BOM)

MUDERKA MOIZ SABIR PROPRIETOR OF MANSURE FASHION v. RIZWANA W/O MOHD. ANIA OPAI

APPR/300/2026 · 2026-10-05

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Judgment text

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1 19-appr-300-26.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPR) NO. 300 OF 2026 IN CRIMINAL REVISION NO.165 OF 2026 Mudreka Moiz Sabir Proprietor of Mansure Fashion Versus Rizwana W/o Mohd. Ania Opai Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri S.R.Kumbhalkar, Advocate for the applicant. Shri P.Y.Sawal, Advocate for the non-applicant. CORAM : MEHROZ K. PATHAN, J. DATED : 5th OCTOBER, 2026. The non-applicant/complainant has filed the application for withdrawal of the amount deposited by the accused before the Appellate Court during the pendency of appeal as well as this Court during pendency of the revision application. Learned counsel submits that the applicant/accused has deposited an amount of Rs.1,00,000/- before this Court and Rs. 51,000/- before the learned Appellate Court in Criminal Revision No. 165 of 2026. SKNair 2 19-appr-300-26.odt 2. Both the learned counsel further submits that parties have agreed to settle the dispute among themselves and has entered into a compromise deed. Photocopy of the compromise deed and the application on behalf of the applicant and non-applicant for compounding of the offence under Section 147 of the Negotiable instrument Act is tendered at the bar along with pursis filed by the learned counsel for the applicant Shri Kumbhalkar. 3. For the reasons stated in the application, the application for withdrawal of the aforesaid amount is allowed in terms of prayer clause (b) and (c) which read as under: (b) Direct the Registrar (Judicial)/Accounts Section of this Hon’ble Court to release the amount of Rs.1,00,000/- deposited by the applicant in the CCD of this Hon’ble Court vide CCDR No. R-03466 dated 27.07.2026, along with the interest accrued thereon, to the Respondents by RTGS/NEFT/BANK TRANSFER etc. directly to Account No. 02831000030710, IFSC Code PSIB0000283, standing in the name of Rizwana Anis Opai; (c) Direct the Learned District and Sessions Court, Nagpur, to release the amount of Rs.51,000/- deposited by the Applicant vide cheque no. 022484 dated 04/06/2026, vide CCDR No. 142 dated 11.06.2026, along with the interest accrued thereon, to the Respondent by RTGS/NEFT/BANK TRANSFER etc directly to Account No. 0283100030710, IFSC Code PSIB0000283, standing in the name of Rizwana Anis Opai; 4. The appearance of the applicant/complainant for withdrawal of the amount before this Court as well as before the District Court is SKNair 3 19-appr-300-26.odt dispensed with. The amount be paid in the name of applicant/complainant through cheque which shall be handed over either to the complainant or to the learned Advocate who appears on behalf of the applicant/complainant. 5. Accordingly, the application is allowed and disposed of. [MEHROZ K. PATHAN, J.] SKNair Signed by: Mr. S.K. NAIR Designation: PS To Honourable Judge Date: 08/10/2026 12:58:43