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2022 (2) TMI 784 - GUJARAT HIGH COURTSeeking release of 30% of the cheque amount in favour of the applicant pending the captioned revision application - demand of money for maintenace of livelihoods as no other source of income exists - HELD THAT:- According to this Court, there is no suppression made by the present applicant in praying for withdrawal of the amount of 30% deposited by the respondent no. 2 herein. It appears from Annexure-A2 ion for fixing date of early hearing was not pressed by the present applicant and sought permission to withdraw the same and according, the permission as sought for was granted by this Court vide order dated 11.11.2019. Withdrawal of the application for fixing early date of hearing of Criminal Revision Application preferred by the respondent no. 2 herein would not debar him to prefer this application for withdrawal of the amount deposited by the respondent no. 2 herein - Section 148(3) of the Negotiable Instruments Act also permit the complainant to withdraw such amount deposited by the accused persons during the pendency of the appeal. Indisputably, the jurisdiction of this court cannot be debarred or interpreted in a narrow manner as submitted by learned advocate for the respondent no. 2 herein. This Court, being revisional jurisdiction certainly allow the original complainant/present applicant to permit her to withdraw the amount deposited by the respondent no. 2 herein as envisaged under Section 148(3) of the Negotiable Instruments Act - the applicant is hereby permitted to withdraw 30% amount deposited by the respondent no. 2 herein before the trial court - application allowed.
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