IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.54928 of 2007 1. Sudama Mehta. 2. Krishna Mahto. Both sons of Late Bengali Mahto, Resident of Mohalla Nasariganj, P.O. Digha, P.S. Danapur, District Patna. ----------- Petitioners Versus 1. The State of Bihar. 2. Maheshwari Prasad, Son of Late Ram Dayal Rai, Resident of Purani Danapur, P.S. Danapur (Akilpur), District Patna. -------- Opposite Parties ----------- 5 14.9.2009 Heard learned senior counsel appearing on behalf of the petitioners. No one appears on behalf of the opposite party no.2 despite filing of Vakalatnama as also the counter affidavit. The long and short of the case can be that the father of the petitioner had executed an agreement for sale of a land in question in which these petitioners were witnesses. There may be any dispute as with regard to period of getting the sale deed executed or the fault of one or other party but the fact remains that Rs. one lac was accepted by the father of the petitioners and is still in custody of the sons by virtue of inheriting of the assets and liability of their father under the doctrine of boys’ obligation. That being so, the petitioners have ultimately agreed to pay the amount of Rs. 2 1,00,000/- with interest @ 6% per anhnum from the date of receipt of amount i.e. 16.6.1996 and till the date of its actual payment to the complainant opposite party no. 2 within a period of six months from today. In the event petitioners would make payment of Rs. one lac with interest at the rate of 6% per annum and would produce proof of such payment made to the opposite party no.2 or the counsel for the opposite party no.2, the court below shall drop the criminal proceedings against them. If the said amount on being paid by a bank draft is accepted by the complainant and/or his counsel, the same would be without prejudice to his cause of action in Civil Suit but the court below shall drop the criminal proceedings against the petitioner. On the other hand, if the amount of Rs. 1,00,000/- is not deposited/paid by the petitioner within a period of six months with interest for the period 16.9.1996 to the date of payment at the aforesaid prescribed rate to the opposite party no. 2, the criminal proceeding shall not only continue but in fact, the court below will be required to take up the trial on expeditious basis so that the trial of the 3 petitioners is concluded within a period of one year from today. It is, however, made clear that for the period of six months from today, no coercive step shall be taken against the petitioners and further proceedings in the concerned complaint case shall remain stayed only for the aforesaid period. Rsh (Mihir Kumar Jha, J.)