Crl. Misc. No.M-24673 of 2010 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No.M-24673 of 2010 (O&M) Decided on : 04-08-2011 Hardeep Singh @ Hardeep Nihal Singh and another ....Petitioners VERSUS State of Punjab and another ....Respondents CORAM:- HON'BLE MR. JUSTICE MAHESH GROVER Present:- Mr. R.N.Raina, Advocate for the petitioners Mr. Gaurav Garg Dhuriwala, DAG, Punjab Mr. Manish Bansal, Advocate for Mr. H.S.Lalli, Advocate for respondent no.2. MAHESH GROVER, J Respondent no.2 is the complainant who has raised a dispute with the petitioners regarding some financial transactions amounting to Rs.3.6 lacs approximately. The petitioners have made a prayer in the instant petition that their passports be returned to them so as to enable them to go abroad. Learned counsel for the petitioners has contended that the petitioners have no objection if they are put to terms as a measure of satisfaction to complainant as also to obviate the chances of their absconding. Learned counsel for respondent no.2 has opposed the prayer of the petitioners and has stated that it was in extreme difficulty that the presence of the petitioners was secured and in the process the petitioners have caused a delay of 7 years. I have considered the prayer that has been made in the instant Crl. Misc. No.M-24673 of 2010 (O&M) 2 petition as also the objection which has been raised by the learned counsel for the respondent no.2. There is indeed no doubt that it has taken number of years for the petitioners to submit themselves to the process of law. But considering the fact that the petitioners have expressed their willingness to secure the interest of the respondent no.2 without prejudice to their rights, I deem it appropriate to direct that the petitioners passport shall be returned to them in order to enable them to travel abroad, however, subject to the following conditions:- i) that the petitioners shall furnish a bank guarantee in the form of Fixed Deposit Receipt of Rs.6 lacs in the name of the Trial Court which shall be deposited with the Trial Court concerned, within a period of two weeks from today. ii)That the amount of FDR shall be retained in the Trial Court and shall be subject to its further orders . iii) That the Trial Court shall be free to impose any other conditions that it may deem fit in the given set of circumstances of the case in order to ensure the presence of the petitioners with a view to obviate any chances of default by the petitioners in appearance. iv)That the petitioners shall furnish an undertaking before the learned Trial Court to the following effect:- a) that they will participate in the proceedings without committing any default till the time the matter is concluded. b) that they would not commit any default in Crl. Misc. No.M-24673 of 2010 (O&M) 3 appearance and shall appear as and when they are required to do so. With the aforesaid observations, the instant petition stands disposed of. August 04, 2011 (Mahesh Grover) rekha Judge