Oral Judgment:

1. Appellant is aggrieved by part of the order dated 5.3.2009 made by the Adhoc Additional Sessions Judge-6, Nagpur in Sessions Trial No. 318 of 2008 whereby muddemal viz. cash worth Rs. 24,865,000/- including the amount of Rs. 100,000/-seized from the bank of appellant has been allowed to be retained by PW 1 Manoj Ratan Agrawal, complainant (respondent no.2 herein) which amount was initially released in favour of said Manoj by the Judicial Magistrate, First Class, Nagpur vide order dated 24.3.2008 on his supratnama.

2. Even though the appellant was neither a complainant nor any of the accused persons, it would be useful to narrate the prosecution story in brief for the purpose of deciding the present appeal.

3. Respondent no. 2 Manoj lodged a report with Police Station, Butibori, Nagpur alleging that while he was coming from Chandrapur by car carrying with him cash of Rs. 35 lacs, three persons came in one car and looted that amount from him on the point of knife. On the basis of his report, Butibori Police registered offence under Section 392 of the Indian Penal Code against four unknown persons and started investigating into the matter. Police arrested M