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TaxTMI 
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2022 (2) TMI 784
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....e court below to release 30% of the cheque amount in favour of the applicant pending the captioned revision application. Heard learned advocate for the applicant, learned advocate for the respondent no. 2 and learned APP for the respondent no. 1-State. It was submitted by learned advocate for the applicant that as against the conviction and sentence imposed upon the the applicant, he has preferred Criminal Revision Application No. 794 of 2018 and such matter was listed on 12.07.2018 and on that date, this court issued notice to the respondents and directed the respondent no. 2 to deposit 30% of the cheque amount within a period of 2 months. t is submitted that the Hon'ble court may be pleased to direct the court below to release 3....
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....his application is not maintainable. That, the applicant has not approached this court with clean hands and considering the fact that applicant has suppressed the material facts of the case before this Court, this application may be dismissed. It was submitted that under Section 143(3) of the Negotiable Instruments Act, such a permission for withdrawal cannot be granted in a revision application. Such a power can be exercised in a appeal. Hence, it was requested by learned advocate for the respondent no. 2 to dismiss present application. Learned APP for the respondent-State has supported the submissions made by learned advocate for the respondent no. 2 and prayed to dismiss present application. Having heard learned advocate appearing ....
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.... grant such other and further reliefs in favour of the petitioner as deemed fit in the interest of justice; This court while admitting the revision application preferred by the respondent no. 2 herein on 12th July 2018 and this court was pleased to suspend the impugned judgment and order passed by the court below with a condition to deposit Rs. 30% of the cheque amount so dishonored within a period of 2 months from date of passing of that order before the trial court and respondent no. 2 herein was released on bail with certain terms and conditions. Accordingly, the respondent no. 2 herein has deposited such 30% amount before the trial court which is not in dispute. Learned advocate for the applicant has narrated the grounds for withdraw....
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....y to the appellant the amount so released, with interest at the bank rate as published by the Reserve Bank of India, prevalent at the beginning of the relevant financial year, within sixty days from the date of the order, or within such further period not exceeding thirty days as may be directed by the Court on sufficient cause being shown by the complainant." Learned advocate for the applicant has, in support of his arguments, relied upon the order of this Court passed in Criminal Misc. Application (For Direction) No. 1 of 2019 in Criminal Revision Application No. 672 of 2018. It appears from the record that respondent no. 2 herein has challenged the impugned judgment passed by the court below by way of Criminal Revision Application No.....
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....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. This Court, in Criminal....