IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No. 21 of 2007
Ramesh Prasad Singh ..... ... Petitioner
Versus
1. The State of Jharkhand
2. Rameshwari Devi
3. O.P.Pandey @ Om Prakash Pandey ..... ... Opposite Parties
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CORAM : HON'BLE MR. JUSTICE H. C. MISHRA
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For the Petitioner : Mr. R.K.Singh, Advocate
For the State : A.P.P.
For the O.P. No.2 : Mr. Ravi Prakash, Advocate
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I.A. No. 1448 of 2011
15/ 27.09.2011
No one has appeared on behalf of the petitioner on repeated calls.
Heard learned counsel appearing on behalf of the opposite parties.
This interlocutory application has been filed on behalf of
Opposite Party No. 2 Rameshwari Devi, who was the complainant in the main
complaint case, stating therein that Opposite Party No. 3 O. P. Pandey has
given her a cheque for Rs. 6,50,000/- and since the Bank account of co-
accused O.P.Pandey has been freezed, an order may be passed giving
direction that the said cheque may be honored by the Bank of India, Gumla
Branch, Gumla in her favour.
A rejoinder to the said application has been filed on behalf of the
petitioner objecting the said prayer. However, it appears that the petitioner has
no concern with the encashment of the said cheque for the reasons emerging
from the facts hereunder.
The complainant has filed the compliant case stating therein that
she had entered into an agreement with the accused O.P.Pandey for purchase
of a piece of land and house and pursuant thereto, she had given a cheque of
Rs. 6,88,900/-, to him. Though the said cheque was deposited in the Bank, but
the same could not be credited in the account of O.P. Pandey in time, due to
which the agreement frustrated. Subsequently the amount was credited in the
account of O.P.Pandey and the amount is presently lying in the said account.
The complainant has filed the complaint case making even the then Branch
Manager of the Bank of India, Gumla Branch, Gumla as an accused in the said
case, who is the petitioner in this criminal miscellaneous petition. It also
appears that subsequently on the application filed by the complainant before
the police authorities, as also before the Court below, the operation of the
Bank account of the said O.P. Pandey was freezed. However, during pendency
of the criminal miscellaneous petition, it appears that O.P. Pandey has since
handed over a cheque of Rs. 6,50,000/- to the complainant Rameshwari Devi,
but the amount could not be withdrawn due to the fact that the account is
freezed. It also appears that Rameshwari Devi has filed an application in the
court below for getting the cheque enchased, but the Court below restrained
itself from passing any order in view of the stay order passed by this Court in
the present case.
Be that as it may, in view of the fact that since the cheque has
been given by O.P. Pandey to the complainant Rameshwari Devi, I see no
reason for not getting the said cheque honored. Accordingly, the Manager,
Bank of India, Gumla Branch, Gumla and all others who may be concerned,
are directed to honour the said cheque, if otherwise fit to be honoured; and the
order of freezing of the account passed on the request of the police authorities
or otherwise even by the Court below, shall not come in the way of honouring
the cheque.
Accordingly, this interlocutory application stands disposed of.
Since no one appeared on behalf of the petitioner, let the criminal
miscellaneous petition itself be listed for Admission after Durga Puja Holidays
before appropriate Bench.
( H. C. Mishra, J.)
R.Kr.