IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5541 of 2010 KEDAR NATH TIWARI Versus 1. STATE OF BIHAR & 2. DHANANJAY KUMAR JAISWAL ----------- 3 20.04.2010. Heard leaned counsel for the petitioner, the complainant and the State. The complainant states that the petitioner offered to sell his land for a sum of Rs. 1 crore and 5 lakhs. It will appear from the complaint, that the petitioner entered into a contract with the petitioner for purchase of 33 kathas 09 dhurs 05 dhurkies land relating to M.S. Plot no. 448, 452,453 ka, kha, 448 and 448, all under MS Khata no. 70,84,70 and 80 respectively. On payment of Rs.10 lakhs, as earnest money and agreement for sale was executed on 27.4.2009. It was stipulated that petitioner would receive from the complainant, the balance consideration amount and execute sale deed in his favour by 27.7.2010. The main case of the complainant is that in the agreement for sale, the petitioner suppressed the fact that the land was free from all encumbrances in order to cheat the complainant. The complainant states that in fact, the aforesaid land was mortgaged to Federal Bank, Calcutta. Counsel for the petitioner submits that the agreement for sale was to be registered by 27.7.2010. He submits that only if by that time the land is still under the charge of the bank, only then a case of cheating would have been maintainable. The petitioner submits that he is willing to deposit Rs.10 - 2 - lakhs in the account of the court within six weeks from today in the form of bank draft in favour of the Registrar, Civil Court. The aforesaid bank draft would be immediately deposited in the account of the Registrar, Civil Court, Katihar in one of the banks, so that there is no loss of interest on the same. Counsel for the complainant is not averse to the aforesaid proposition. In the circumstances, this Court orders as follows:- (i) No coercive steps would be taken against the petitioner in C.A. case no. 1887 of 2009 for a period of six weeks. (ii) He would deposit a bank draft of Rs. 10 lakhs in favour of the Registrar, Civil Court, Katihar or any other court account. (iii) The draft would be deposited by the court in any of the local nationalized banks so that interest on the same may not be lost. (iv) In case, petitioner deposits the aforesaid bank draft in the court as agreed above, the interim order granted by this court would be confirmed by Chief Judicial Magistrate, Katihar to his own satisfaction, otherwise the interim order would stand vacated. In such circumstances, the petitioner would surrender and pray for regular bail, which would be disposed of on its own merit. The amount deposited would be subject to the result of the case. Shashi. (Samarendra Pratap Singh,J.)