Sheo Chandra Singh And ANR. v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31563 of 2013 ======================================================

1. Sheo Chandra Singh Son Of Late Manna Singh @ Ram Chhabila Singh Resident Of Vill- District - Patna At Resent Of 110, Nagar, Mainpura, P.S- Patliputra .Distt- Patna

2. Shambhu Kumar Singh Son Of Sheochandra Singh Resident Of VillDistrict - Patna At Resent Of 110, Nagar, Mainpura, P.S- Patliputra . Distt- Patna .... .... Petitioner/s

Versus

1. The State Of Bihar

2. Tuntun Lal @ Shivanand Gupta Son of Late Mohan Sao, Resident of Mohalla - North Anandpuri, P.S. Sri Krishnapuri, District - Patna. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Binod Kumar Singh For the Opposite Party/s : Mr. C.Jawahar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 14/ 16-12-2015 The present application has been filed for modification of order dated 17.04.2013 passed in Cr. Misc. No. 22402 of 2012, whereby the petitioners were directed to deposit Rs.3,38,542/- along with 10% statutory interest calculated from the respective date of receiving in 2008 till the date of deposit before the learned court below in connection with Complaint Case No. 453(C) of 2011 pending in the court of learned Judicial Magistrate, Ist Class, Patna.

The petitioner is aggrieved with the quantum of interest. The matter is pending since long i.e. 26.07.2013. The opposite party no. 2 is not appearing since 23.09.2015 when the matter was adjourned as a last indulgence for today. Today also

Patna High Court Cr.Misc. No.31563 of 2013 (14) dt.16-12-2015 2/2 none appears on behalf of opposite party no. 2. In the circumstances, this application is disposed of with liberty to the parties to agitate the issue in the suit pending for the same cause of action.

(Dinesh Kumar Singh, J) DKS/- U T