High Court of Punjab and HaryanaCRM-M/1329/2017disposed of

Parveen Devi And ANR v. State Of Haryana And ANR.

2017-01-19Mr. Justice Rajesh Bhardwaj2 pages

CRM-M-1329-2017 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH.

Crl. Misc. No.M-1329 of 2017 (O&M) Date of Decision: January 19, 2017 Parveen Devi and another ......PETITIONER(s).

VERSUS

State of Haryana and another ....RESPONDENT(s).

CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. Rakesh Kumar Sharma, Advocate for the petitioner (s).

******* SURINDER GUPTA, J.

Heard.

A demand draft of `4 lacs in the name of complainant was given to the Investigating Officer.

Learned counsel for the petitioner submits that the demand draft is dated 14.03.2016 and by now, it has lapsed. He further submits that on completion of investigation, demand draft has been attached with the challan filed in Court. He requests that appropriate direction be issued to get the demand draft renewed and for deposit of draft amount in the bank or some other financial institution in the shape of fixed deposit. Order dated 17.03.2016 passed in CRM No.M-33204 of 2015 states that a demand draft was handed over to Investigating Officer SI Surinder Singh No.197G, Police Station Farukh Nagar, Gurgaon. It was ordered that payment of `4 lacs made by the petitioner-accused is subject to Sachin Mehta 2017.01.20 16:55 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH

CRM-M-1329-2017 -2the outcome of the investigation of the case. Final report has since been filed in the Court. Period of about 10 months has already elapsed after handing over the demand draft to SI Surinder Singh. Notice of motion.

On asking of the Court, Mr. Tanuj Sharma, AAG Haryana accepts notice. Copy of paper book has been supplied to him in the Court. The period for encashing the demand draft has lapsed, as such, direction is issued to the trial Court to get the demand draft renewed and then deposit the amount in fixed deposit initially for a period of two years and this period may be extended as and when need so arise. The payment of `4 lacs with interest will be released as per order of trial Court passed at any stage during or on completion of trial.

Petition is disposed of accordingly.

Copy of this order be sent to the trial Court. As no order is passed against respondent No.2, notice to him is dispensed with. ( SURINDER GUPTA ) January 19, 2017 JUDGE Sachin M.

Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No Sachin Mehta 2017.01.20 16:55 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH