Back
2026 Supreme(Online)(Guj) 11132
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
Gita Gopi, J
Kirankumar Rameshchandra Brahmbhatt – Appellant
Versus
State of Gujarat – Respondent
CRIMINAL MISC.APPLICATION (FOR WITHDRAWAL/DISBURSEMENT OF AMOUNT) NO. 2 of 2026 | R/CRIMINAL REVISION APPLICATION NO. 1104 of 2025
For the Appellants/Petitioners: Kamlesh S Kotai
For the Respondents: Niraj Sharma, Zubin F Bharda
Under Section 148 of the Negotiable Instruments Act, 1881, a complainant may be permitted to withdraw amounts deposited by the accused, provided the complainant is liable to repay the amount with interest if the accused is eventually acquitted.
Headnote:(A) Negotiable Instruments Act - Section 148 - Disbursement of deposited amount - The complainant is entitled to the disbursement of the amount deposited by the accused, subject to the statutory obligation to repay the released amount with interest at the bank rate in the event of an acquittal. (Para 5, 6)
Issues: Whether the amount deposited by the accused pursuant to a court order can be disbursed to the complainant under the Negotiable Instruments Act.
IA ORDER
1. RULE.
Learned Additional Public Prosecutor Mr. Niraj Sharma and learned Advocate Mr. Zubin F. Bharda waives service of notice of Rule on behalf of respondents No.1 and 2 respectively.
2. By way of this application, the applicant has made a prayer that the amount deposited pursuant to the order dated 15.07.2025 passed by this Court in the above Criminal Revision Application be permitted to be withdrawn by the applicant.
3. Learned Advocate for the applicant Mr. Kamlesh S. Kotai submitted that pursuant to the order of this Court, the accused has deposited an amount of Rs.9,00,000/- and an amount of Rs.6,00,000/- before the concerned Court and therefore, the above prayer has been made.
4. Heard learned Advocates for the respective parties.
5. The complainant is made aware of the provision of Section 148 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the ‘N.I. Act’ in short) that incase of acquittal, the complainant has to repay 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.
6. In the result, the application is allowed. The concerned Court is directed to disburse the total amount of Rs.15,00,000/- (Rupees Fifteen Lakhs Only) to the applicant herein, on proper verification of his identity.
7. Rule is made absolute to the aforesaid extent. Direct Service is permitted.
