Full Judgment Text
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.2306 OF 2011
(@ SPECIAL LEAVE PETITION(CRL.)NO.7681 OF 2010)
MAMAN KUMAR AGRAWAL ..........APPELLANT
VERSUS
M/S GUPTA HOMES P.LTD.& ANR .........RESPONDENTS
O R D E R
1. Leave granted.
2. Heard learned counsel for the parties.
3. This appeal is directed against the judgment and order
dated 05.04.2010 passed by the High Court of Judicature at
Patna in Criminal Miscellaneous No.39582 of 2009. By the
impugned order, the High Court has quashed the orders
passed by the learned Judicial Magistrate taking cognizance
for the offences punishable under Sections 406 & 420 of the
Indian Penal Code.
4. On the last date of hearing, the learned counsel
appearing for the appellant had submitted that he was
willing to accept a sum of Rs.9,87,000/- with a reasonable
interest, if it is paid by the respondents, within a
reasonable time.
5. Since the learned counsel appearing for the respondents
did not have instructions from his client, we had adjourned
the matter last time.
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6. Today, learned counsel appearing for the respondents
would submit that his clients are willing to refund a sum
of Rs.9,87,000/- but without interest.
7. It is an admitted case that the appellant had paid a
sum of Rs.9,87,000/- to the respondents towards allotment
of a flat and that amount is lying with the respondents
right from the year 2006. In our opinion, the respondents
ought to have returned the amount paid by the appellant,
with interest, from 21.12.2006. In view of the above, we
dispose of this appeal and direct the respondents to pay
the sum of Rs.9,87,000/- with 12% p.a. interest from
21.12.2006 till the date of actual payment. The
respondents are granted two months' time from today to make
the payment. If, for any reason, the respondents fail to
make the payment, as aforesaid, then the appellant is at
liberty to make an appropriate application/petition for
modification of our order.
Ordered accordingly.
........................J.
(H.L. DATTU)
.......................J.
(CHANDRAMAULI KR. PRASAD)
NEW DELHI;
DECEMBER 12, 2011
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