Katpadi Krishnai Kamath v. Nandlal Madhavji Thakkar
IA/3145/2026 · 2026-09-07
Transfer Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 7307 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 7307 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
46-REVN-71-2026 (CR).doc Shubhada S Kadam IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 3145 OF 2026 IN CRIMINAL REVISION APPLICATION NO. 71 OF 2026 Katpadi Krishnai Kamath ...Applicant/s Versus Nandlal Madhavji Thakkar and anr. ...Respondent/s _________________________________________________________________ Ms. Nipa Shah, Advocate for Applicant/Original Complainant. Mr. Vikas Kolekar, Advocate for Respondent No.1. Mr. M. G.Patil, APP for Respondent No.2-State. _________________________________________________________________
CORAM : SHIVKUMAR DIGE, J. DATE : 7th SEPTEMBER, 2026.
P.C. :
1. By this application, applicant is seeking withdrawal of the amount deposited by the respondent.
2. It is contention of learned counsel for the applicant that respondent is convicted under Section 138 of the Negotiable Instruments Act, by the Trial Court and it is confirmed by the Appellate Court. The respondent has deposited Rs.4,00,000/- before this Court and the applicant be permitted to withdraw this amount.
3.
Learned counsel for the respondent No.1 strongly objected for withdrawal of the amount. SHUBHADA SHANKAR KADAM Digitally signed by SHUBHADA SHANKAR KADAM Date: 2026.09.09 11:17:39 +0530
46-REVN-71-2026 (CR).doc Shubhada S Kadam
4. I have heard both learned counsel. The applicant is the original complainant. The respondent is convicted by the Courts below. Considering this fact, I pass following order :
O R D E R (i) The application is allowed. (ii) The applicant is permitted to withdraw the amount of Rs.4,00,000/- with accrued interest, if any. (iii) The applicant shall file an undertaking that that he will re-deposit the said amount as and when required by this Court.
5. List the revision on 5th October, 2026.
(SHIVKUMAR DIGE, J.)