Gujarat High Court Case Information System
Print
CR.RA/250/2010 1/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
REVISION APPLICATION No.250 of 2010
===================================================
BALKRISHNA
PILLAI NAIR - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
===================================================
Appearance
:
MR PP MAJMUDAR for Applicant(s) :
1,
PUBLIC PROSECUTOR for Respondent(s) : 1,
MR ABHIRAJ R
TRIVEDI for Respondent(s) :
2,
===================================================
CORAM
:
HONOURABLE
MS.JUSTICE H.N.DEVANI
Date
: 14/05/2010
ORAL
ORDER
Heard
the learned advocates for the parties. Vide order dated 30.04.2010,
this Court had passed an order in the following terms:
Upon
instruction from his client, Mr.P.P.Majmudar learned advocate for the
applicant submits that the applicant will deposit Rs.50,000/- on or
before 12.05.2010 and further amount of Rs.50,000/- on or before
30.05.2010 before the trial court.
Considering
the above and on perusal of the record including impugned decision of
the courts below, issue notice returnable on 12.05.2010.
In the
meanwhile, ad-interim relief in terms of para 12(B), upon condition
that the applicant shall deposit Rs.50,000/- before the trial court
on or before 12.05.2010.
Pursuant
to the said directions, the applicant has deposited Rs.50,000/-
before the trial Court.
Mr.Abhiraj
R. Trivedi, learned advocate for the respondent No.2, has invited
the attention of the court to the reply to the notice issued under
Section 138 of the Negotiable Instruments Act, 1881 to submit that
even, according to the applicant, he was liable to pay Rs.1,20,000/-
to the respondent No.2. It is accordingly submitted that since the
applicant has failed before two courts below, the respondent No.2
should be permitted to withdraw the said amount which is deposited
with the trial Court.
In
the light of the aforesaid, this Court is of the view that interest
of justice would be served if the respondent No.2 is permitted to
withdraw the amount of Rs.50,000/- (Rupees Fifty thousand only)
deposited before the trial Court, subject to his filing an
undertaking before this Court that in case the application is
decided in favour of the applicant, the respondent No.2 shall return
the said amount.
In
the aforesaid circumstances, it is directed that the respondent No.2
be permitted to withdraw the amount of Rs.50,000/- (Rupees Fifty
thousand only) deposited by the applicant before the trial Court,
subject to his filing an undertaking as aforesaid, without prejudice
to the rights and contentions of the applicant.
The
matter is adjourned to 24.06.2010. Ad-interim relief granted earlier
to continue till then. Direct service is permitted.
Sd/-
[
H.N.DEVANI, J]
***
Bhavesh*
Top