IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-8176 of 2009 (O/M). Date of Decision : August 04, 2009. Chander Mukhi Bhargav wife of Hari Jiwan Lal Bhargav resident of House No. 333/16, Friends Colony, Gurgaon, Haryana. ...... Petitioner . Versus. State of Haryana, and others. ..... Respondents. CORAM: HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH. Present:- Mr. Rajesh Arora, Advocate, for the petitioner . Mr. Yash Pal Malik, A.A.G. Haryana, for the respondent-State. AUGUSTINE GEORGE MASIH, J. (ORAL). The prayer made by the petitioner in the present petition is for modification of order dated 23.01.2009, passed by the Additional Sessions Judge, Gurgaon, while entertaining application under Section 438 Cr.P.C. of respondents No. 2 and 3, wherein the Court below has observed that the draft, which was prepared by Shiv Lal be kept on the file of the Trial Court and shall be handed over to the complainant after final decision of the case. Counsel for the petitioner submits that the accused Shiv Lal is an old man of 75 years of age and the draft would need renewal after every six months or before the date of expiry of the same, as per Bank's norms. He, therefore, submits that the draft be handed over to the petitioner, who is the complainant in the case. Or in the alternative he submits that the draft be deposited in the Nationalised Bank to be treated as a Fixed Deposit in the name of the complainant and the amount ultimately alongwith interest Criminal Misc. No. M-8176 of 2009. accrued thereon, be handed over to the petitioner after conclusion of the trial as per order dated 23.01.2009, passed by the Additional Sessions Judge, Gurgaon. The present petition is disposed of with modification of the impugned order dated 23.01.2009, passed by the Additional Sessions Judge, Gurgaon, to the effect that the draft in the name of the complainant be deposited with the Nationalised Bank and the said amount be treated as a Fixed Deposit in the name of the complainant, to be disbursed to the complainant on conclusion of the trial alongwith interest so accrued . The present petition stands disposed of with above directions. (AUGUSTINE GEORGE MASIH) JUDGE August 04, 2009. sjks. -2-