IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.52792 of 2006 UDAY SHANKAR BHARTI Versus STATE OF BIHAR & ANR ----------- 11/ 26.03.2009 Undertaking of the party and direction of the Court to return the deposited amount if is complied and affidavit is filed that also of Hajipur, Civil Court while complainant is resident of Gaya and case is pending in Gaya Court. Receiving of the amount is denied on behalf of the Opposite Party No. 2. I also doubt the payment as while the parties are at litigating terms controverting the plea or counter plea of each other how payment shall be made even without any receipt. In my view, that should be paid either by draft or by cheque or at least under a receipt and payment was the only condition for hearing the petitioner otherwise to dismiss his petition finding no compliance. This application is dismissed. S.Sb/- (Mandhata Singh, J.)