Crl. Misc. No. M-26256 of 2011 (O&M) Dimple Gandhi and another Vs. State of Punjab Present: Mr. Gautam Dutt, Advocate, for the petitioners. Mr. S.S. Gill, DAG, Punjab. Ms. Nimrata Shergil, Advocate, for the complainant. * * * * AJAY TEWARI, J (ORAL) This petition has been filed under Section 438 Cr.P.C. for grant of anticipatory bail to the petitioners in case FIR No. 190 dated 31.07.2011, under Sections 420, 465, 467, 468, 471 and 120-B IPC, Police Station City Kotkapura, District Faridkot. On 30.08.2011, the following contention was noticed:- “Learned Counsel has argued that even if the allegations taken in the first part of the FIR are accepted to be gospel truth yet from a perusal of the later part of the FIR it is clear that the petitioners have returned the amount which they had allegedly misappropriated and the complaint was filed one year after the occurrence.” Today learned Counsel for the complainant has accepted that out of the sum of Rs. 30 lacs which was allegedly misappropriated the petitioners have returned Rs. 26 lacs. As regards the remaining Rs. 4 lacs, learned Counsel for the complainant has disputed the version of the petitioners that it has been adjusted. Learned Counsel for the petitioners states that apart from the merits and without prejudice to their claim that the money has Crl. Misc. No. M-26256 of 2011 (O&M) -2- been paid the petitioners are ready to deposit another sum of Rs. 4 lacs in the account of the complainant. Let the said amount in the name of the complainant be deposited on or before 30.11.2011 without prejudice to the claim of the petitioners that they are not liable to pay the same. The petitioners shall appear before the Investigating Officer alongwith the necessary receipt evidencing the deposit on 01.12.2011 and the Investigating Officer shall release them on bail subject to the provisions under Section 438(2) Cr.P.C. Arrest shall remain stayed till then. It goes without saying that in case the amount is not deposited, this petition shall be deemed as dismissed. (AJAY TEWARI) JUDGE 02.11.2011 Amodh