1 Cri-A-125-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL APPLICATION NO. 125 OF 2011 Shri Vijay Ramchndra Adkar ... Applicant vs. Anil Kumar Eknath Shimpy & Ors. ... Respondents Mr. Lalasaheb Bandal i/b. Balasaheb deshmukh Advocate, for the applicant Ms. Ashwini A.TGakalkar i/b. Mr. N.P.Deshpande, Advocate for the respondent CORAM: J.H.BHATIA,J. DATE : 15th April, 2011. P.C. 1. Heard. The respondent in this application is the original accused. He was convicted for the offence under Sec. 138 by the trial Court and the appeal was dismissed. In revision against conviction and sentence, he was directed to deposit Rs.75,000/- as condition for granting bail. That amount is deposited. The applicant/original complainant seeks liberty to withdraw the amount. 2. In view of the circumstances, the applicant is allowed to withdraw the amount of Rs.75,000/- lying with the trial Court with condition to file an undertaking before this Court that in case the accused succeeds and the order of payment is set aside, he will bring back that amount with interest as may be 2 Cri-A-125-11.sxw directed by the Court. Application stands disposed of. (J.H.BHATIA,J.)