Hemal Vora vs The State Of Jharkhand And Anr
2021 Latest Caselaw 4574 Jhar

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                IN THE HIGH COURT OF JHARKHAND AT RANCHI

                            Cr. Revision No. 525 of 2010

                     Hemal Vora                            ...   ...      Petitioner
                                         Versus
                     The State of Jharkhand and Anr. ...         ...   Opp. Parties
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CORAM: HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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12/02.12.2021

1. Learned senior counsel for the petitioner Mr. A. K. Kashyap along with Mr. Kalyan Banerjee, Advocate is present.

2. Learned counsel for the opposite party No.-2 Mr. Shishir Suman is also present.

3. Learned senior counsel for the petitioner has referred to the order dated 24.09.2010 passed by this Court to submit that the petitioner was granted provisional bail subject to the condition that the petitioner will deposit an account payee demand draft amounting to Rs. 3,20,000/- in the trial court, in the name of opposite party No.-2 (since deceased). He submits that the said demand draft was duly deposited, but the same is not available on record of this case. He submits that the order dated 01.10.2010 passed by the learned court below reflects that the demand draft was kept in Nazarat and thereafter, the record was sent to this Court.

4. He further submits that in the said order dated 24.09.2010 passed in this case, it was also recorded that the petitioner has deposited an amount of Rs. 90,000/-in the bank account of the complainant after passing the impugned judgment. At that point of time, it was also submitted by the learned counsel for the opposite party No.-2 that he had no instruction about that and it was also argued that this matter will also be considered at the time of final hearing of the case. The learned senior counsel has submitted that out of the cheque amount of Rs. 6,40,000/-, Rs. 3,20,000/- was deposited by way of demand

draft before the learned court below and Rs. 90,000/- was deposited in the bank account of the opposite party No.-2 (since deceased), thus, Rs. 4,10,000/- has already been paid. He submits that he is ready to pay rest of the amount i.e., Rs. 2,30,000/- once the report is received from the learned court below.

5. Learned counsel for the opposite party No.-2 has submitted that he will verify from the records of this case as to whether any affidavit in connection with deposit of Rs. 90,000/- has been filed by the opposite party No.-2 denying the statement made by the petitioner on 24.09.2010.

6. Office is directed to call for a report from the learned court below about the aforesaid demand draft amounting to Rs. 3,20,000/- and whether it was released in favour of the opposite party no.2. If the demand draft has not been taken by the opposite party No.-2 (since deceased) then the demand draft in original be sent to this Court through special messenger along with the report. The report should come to this Court by 04.01.2022.

7. Post this case on 07.01.2022.

8. Let this case be treated as part heard.

(Anubha Rawat Choudhary, J.) Mukul