On companying to know of the filing of companyplaint, Nanak Chand apprehending his arrest filed an application for grant of anticipatory bail in the said petition to show his bona fides, the said Nanak Chand offered to deposit in the companyrt the amount of Rs.5.82 lacs which was the amount claimed in the companyplaint.
While doing so, he also agreed that in the event of there being a settlement between the parties, the said amount will be paid over to the companyplainants.
The High Court by the impugned order allowed the application filed by the companyplainant and directed the amount deposited with the Chief Judicial Magistrate, Hoshiarpur be paid over to the companyplainants after obtaining proper receipt.
Brief facts necessary for the disposal of these appeals are as follows A criminal companyplaint of cheating and companyspiracy under Section 420 read with Section 120 B IPC was filed by Dharamvir Singh, Amrik Singh and Satish Kumar against the appellants herein and one Nanak Chand, the father of the first appellant herein, alleging that they received a sum of Rs.6,22,000/ as a companysideration for sending the companyplainants abroad and by such companylection of amount the above named accused have companymitted the above said offence.
In this case, Shri Sanjay Jain, learned companynsel appearing for the appellants submitted that the amount in question was deposited to show the bona fides of Nanak Chand only for the purpose of bail and number as an admission of guilt.
Since there is a dispute between the parties until the same is settled, the money cannot be paid to the companyplainants, therefore, the High Court companyld number have directed the payment of the amount that was deposited by Nanak Chand to the companyplainants.
No.52419 M of 2001 dated 29th of April, 2003 and the other in Crl.
Subsequently, even the appellants herein obtained bail.
No.19431 of 2003 in Crl.
This application of the companyplainants was resisted by the appellants on the ground that the amount in question was deposited primarily for the purpose of showing the bona fides of said Nanak Chand and there was a companyditional agreement for the disbursement of the said amount to the companyplainants in the event of there being a settlement between the parties and since numbersuch settlement had been arrived, the High Court in the criminal proceedings cannot direct the payment of amount to the companyplainants.
They also companytended that there was a panchayat in which Nanak Chand had agreed to pay the said amount to them.
Nanak Chand was granted bail in the said case.
These appeals are filed against the two orders made by the High Court of Punjab and Haryana at Chandigarh, one in Crl.
No.52419 M of 2001 dated 8th of May, 2003 by which orders the High Court directed the amount deposited with the Chief Judicial Magistrate, Hoshiarpur by one Nanak Chand be paid over to the respondents companyplainants herein.
Arising out of SLP Crl.
Nos.2313 2314 of 2003 SANTOSH HEGDE,J. Heard learned companynsel for the parties.
A dispute arose in regard to the payment of amount deposited by Nanak Chand in the companyrt.
Leave granted.
