IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH: NAGPUR COMMON ORDER CRIMINAL APPLN .NO.4084/08 IN CRI. APPLN. 2272/2008 [Smt. Kanak Poddar ..vs.. Vikram Coils Pvt Ltd & another] AND CRIMINAL APPLN .NO.4085/08 IN CRI. APPLN. 2271/2008 [Smt. Kanak Poddar ..vs.. Vikram Coils Pvt Ltd & another] [ = = = = = = = = = = = = = = = = = = = = = = = = = = Mr. De, Advocate for applicant Mr. Khapre, Advocate for respondent no.1. = = = = = = = = = = = = = = = = = = = = = = = = = = CORAM:R.C. CHAVAN, J. DATE: 20.11.2008 Heard counsel for parties. By these two applications the applicants in Criminal Application No.2271/08 & 2272/08, seek restoration of order of stay and granting of interim stay. 2] By the main applications No.2271/08 and 2272/08, the applicants sought quashing and setting aside all orders passed by the learned Judicial Magistrate First Class Akot in two criminal cases before him on 24.6.2008. This Court by granting interim relief in terms of prayer clauses ( C ) & ( E) in Criminal application no.2272/08 and prayer clause ( C) in Criminal Application no.2271/08 stayed the operation and implementation of order of issuing process by the learned Magistrate and stayed further proceedings and investigation in Criminal Case No.60/2008. 3] On 16.10.2008, the learned counsel who was representing the applicants, sought leave to withdraw, stating that the client had taken away the brief and he had also issued notice by Registered Post. Counsel was therefore, discharged. Advocate Shri S.N. Mahajan stated that the applicant had instructed him to appear, but was yet to file vakalatnama. Since the applicant had taken advantage of an interim order for a period of 4 months, but was not ready to go ahead with the matter, the interim order was vacated on 16.10.2008. These two applications seek restoration of that interim order. 4] It is alleged that the applicants had received a sum of Rs.65,80,000/- towards goods, which they were to secure from foreign ports and were to supply them to respondent Vikram Coils Private Limited – the complainant. According to learned counsel for the applicant, goods worth Rs.26,00,000/- are already supplied. This position is disputed by the respondents. Learned counsel for the applicants states that he would deposit a sum of Rs.2,00,000/- in this court by tomorrow and thereafter go on depositing a sum of Rs.1,00,000/- every week, from week commencing 8/12/2008 till the 50 % of balance amount [50% of Rs.34,00,000/- = Rs.17,00,000/-] is liquidated. 5] For the remaining amount of Rs.17,00,000/- the applicants would create a charge on property worth Rs.40,00,000/- before the Registry of this court. 6] In the meantime the applicant no.3 Ravi Lalit Poddar in Criminal Application No.2272/02008 was arrested for investigation of the concerned offence on 11.11.2008. The offence is under section 420 of the Penal Code. 7] Though specific prayer for release of applicant no.3 is not made in this application, considering that the application is for restoration of interim order of stay, the applicant Ravi Lalit Poddar be released on P.R. in sum of Rs.50,000/- with one surety in the like amount, to be furnished before the trial court at Akot. 8] The applicant no.1 and 2 shall not be arrested on their furnishing security and on the condition which are mentioned above till the disposal of main applications no.2271/08 and 2272/08. 9] The proceedings before the Magistrate in Criminal Cases shall stand stayed in terms of original order dated 24.6.2008 till this matter is taken up for admission. 10] Applicant No.3 shall cooperate with Investigating Officer and shall surrender passport, if any. 11] On failure of the applicant to comply with any of the above terms, the order shall stand vacated. 12] Learned Registrar shall invest the amount so deposited, in Andhra Bank, High Court Branch, Nagpur, so as to fetch maximum interest for a period of 3 months, at a time. 13] All parties would have all liberties to apply for whatever reliefs they want. List the matter on 15.12.2008. Applications stands disposed of. Hamdast granted, so also the authenticated copy on payment of requisite charges. JUDGE smp.