Gujarat High Court
Metro Hospital And Research Institute vs State Of Gujarat & 2 on 5 December, 2014
Author: R.D.Kothari
Bench: R.D.Kothari
R/SCR.A/806/2010 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CRIMINAL APPLICATION (DIRECTION) NO. 806 of 2010
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METRO HOSPITAL AND RESEARCH INSTITUTE....Applicant(s)
Versus
STATE OF GUJARAT & 2....Respondent(s)
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Appearance:
MR RAMNANDAN SINGH, ADVOCATE for the Applicant(s) No. 1
MS NISHA THAKORE, APP for the Respondent(s) No. 1
RULE SERVED for the Respondent(s) No. 2
RULE SERVED BY DS for the Respondent(s) No. 3
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CORAM: HONOURABLE MR.JUSTICE R.D.KOTHARI
Date : 05/12/2014
ORAL ORDER
1. Heard Shri Ramnandan Singh learned advocate for the applicant and Ms.Nisha Thakore learned APP for respondent No.1 - State. Respondent Nos.2 and 3, though served, no appearance is filed on their behalf.
2. Applicant herein is a complainant. A complaint was lodged for offence under Sections 406, 408, 420 of IPC against the applicant's employee. It is the say of the applicant
- Metro Hospital and Research Institute, Baroda that accused has committed misappropriation while working as an employee. After lodging of the criminal complaint, settlement was arrived at between the parties and pursuant to the said settlement, accused had given cheque of Rs.15 lacs. It Page 1 of 4 R/SCR.A/806/2010 ORDER appears that case of the complainant was that old scrap etc. of the hospital was disposed of by the accused and Rs.20 lacs were realized from the disposal. The accused had deposited Rs.2,30,000/- and and Rs.16,40,000/- was misappropriated by the accused. Hence, the complaint.
3. At the time of hearing, learned advocate for the applicant has drawn attention to pursis filed by the complainant before the trial court. Relevant part of which reads, thus;
"During the course of the investigation, compromise had taken place between the accused and the complainant. The loss of the company has been compensated by the accused. As accused has issued a cheque of Rs.15,00,000/- (Fifteen Lacs Only) on the name of the Hospital which is drawn on Punjab National Bank (Noida) and cheque bearing No."168841". Therefore we do not want to proceed against the accused but subject to realisation of cheque paid by the accused to complainant."
4. It was submitted that at the instance and suggestion of the I.O., the amount of settlement given by the accused to the complainant was kept by the complainant in fixed deposit. Initially, oral instruction was given by I.O. that for the present, complainant may not deal with amount. Thereafter, charge-sheet came to be filed and in the charge-sheet, I.O. has made endorsement to pay the amount to the complainant after disposal of the criminal case. Hence, the present petition.
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5. Learned APP has drawn attention that the amount in question is muddamal and therefore, present application should not be allowed and in the alternate, suitable conditions be imposed requiring the applicant to produce the muddamal as and when required during the trial. It was also submitted that applicant should be asked to approach the trial court.
6. Considering the material on record, it appears that the amount in question is not a muddamal. Police had erroneously shown the said amount as muddamal. In the circumstances of the case, it would not be just and proper to ask the applicant to approach the trial court for suitable orders of releasing the amount.
7. The matter is settled between the parties. In any case, if during the trial, Court is required to examine whether the offence for which the complaint is lodged is committed or not, the amount in question i.e. fixed deposit would not be required to prove the same. In other words, independently of the same, the question can be examined.
8. In view of above, present application deserves to be allowed and the same is allowed. Respondent No.3 - Punjab National Bank (Noida Branch) is hereby directed to release the Fixed Deposit issued by it in connection with offence registered at Karelibaug Police Station, Vadodara being I- C.R.No.112 of 2009 and pay the said amount to the applicant / complainant. Rule is made absolute to the above extent. Direct service to respondent No.3 is permitted.
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(R.D.KOTHARI, J.)
vipul
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