SANTOSH S LAD Vs. ROCKLINE ENTERTAINMENT PVT LTD

JUDGEMENT

(1.) The petitioner is aggrieved by the order dated 04.11.2017, passed by the Principal City Civil and Sessions Judge, Bengaluru, whereby the respondent herein was permitted to withdraw the amount of Rs. 72,50,500/- (Rupees Seventy-two Lakhs Fifty Thousand Five Hundred Only) deposited by the petitioner pursuant to the order dated 04.07.2017.

(2.) The brief facts of the case are that the respondent herein initiated proceedings against the petitioner for dishonour of cheques amounting to Rs. 4 Crores. After trial, the petitioner was convicted under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the N.I. Act' for short) and was sentenced as under:

(3.) The petitioner carried the matter in appeal before the City Civil and Sessions Judge, Bengaluru. While admitting the appeal, learned Sessions Judge directed the petitioner to deposit 10% of the total fine amount. Accordingly, the petitioner deposited a sum of Rs. 72,50,500/- (Rupees Seventy Two Lakhs Fifty Thousand Five Hundred only). The respondent filed a memo seeking to withdraw the said amount. The petitioner filed the objections inter-alia contending that the amount in question being the compensation awarded under Section 357 of Cr.P.C., the same cannot be released to the respondent during the pendency of the appeal. Learned Sessions Judge negatived the objections and by the impugned order permitted the respondent to withdraw the amount deposited by the petitioner. Being aggrieved by the said order, the petitioner/accused is before this Court.