TMI Blog2022 (2) TMI 784X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 her ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d to direct the court below to release 30% amount in favour of applicant. That, applicant is a divorcee lady survived with a marriageable aged son (age: 31 years) who is currently residing in Canada. Therefore, being a single parent and living alone in the country, there is no one who can bear the expenditure of livelihood of the applicant. Moreover, the son of applicant is earning minimum amount to meet his basic need in foreign country and he is dependent for majority of expenditure on the applicant only. That the applicant is not working and has no source of regular income and hence is facing huge financial constrain since the captioned matter is pending before this Hon'ble Court. The applicant is in need of the money to sustain the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Having heard learned advocate appearing for the applicant, learned advocate appearing for the respondent no. 2 and learned APP for the respondent no. -1 State, it appears from the record of Criminal Revision Application No. 794 of 2018 preferred by the respondent no. 2 herein namely Girishbhai Vithaldasbhai Parekh under Section 397 of the Code of Criminal Procedure, he sought following reliefs: A) YOUR LORDSHIPS be pleased to call for the records and proceedings of Criminal Case No. 11654/2013 from the Court of the Ld. Chief Judicial Magistrate, Rajkot and also Criminal Appeal No. 24/2017 from the Court of Ld. 6 Addl. Sessions Judge, Rajkot and after perusing the same, be pleased to quash and set aside the impugned judgment and order o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arrated the grounds for withdrawal of the amount by the respondent no. 2 has relied upon Section 148(1) of the Negotiable Instruments Act drawing the attention of this Court that court has empowered to release the amount deposited by the accused in favour of the complainant at any time during the pendency of this proceedings. This court would like to refer Section 148(1) of the Negotiable Instruments Act, which provides as under: Section 148: Power of Appellate Court to order payment pending appeal against conviction: (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, in an appeal by the drawer against conviction under section 138, the Appellate Court may order the appellant to deposit such sum whic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion No. 672 of 2018 wherein this court was pleased to admit such revision application on 12.07.2018 and released the respondent no. 2 herein on bail executing fresh bond of ₹ 10,000/- with certain conditions. One of the condition was there to deposit ₹ 30% of the cheque amount so dishonoured within a period of 2 months from the date of passing of that order. In this connection, the respondent no. 2 herein has deposited such amount before the learned Trial Court, as admitted by respective parties. If we consider the previous application preferred by the present applicant before this court, it appears from page no. 16, the prayer/relief prayed by present applicant was to modify/delete the condition imposed in Criminal Revision ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urt, in Criminal Misc. Application (For Direction) No. 1 of 2019 in Criminal Revision Application No. 672 of 2018, in paras 8 and 9, has observed as under: 8. The title of Section 148 makes it clear that the appellate Court are empowered to order payment of such amount pending appeal against conviction. Indisputably, the proceedings before this Court is not an appeal but it is a revision challenging the order of appellate Court, which is necessarily continuation of appellate jurisdiction. The appellate jurisdiction could not be interpreted in such a narrow compass so that the Courts having revisional jurisdiction to the appellate Court could not exercise the power envisaged by the statute, therefore, arguments that the revisional Court ..... X X X X Extracts X X X X X X X X Extracts X X X X
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