CRM No. M 27393 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -- CRM No. M 27393 of 2009 Date of decision: 14.02.2011 Sanjay Jangir ........ Petitioner Versus State of Haryana .......Respondent(s) Coram: Hon'ble Ms Justice Nirmaljit Kaur -.- Present: Mr. N K Malhotra, Advocate for the petitioner Mr. Sidrath Sarup, DAG, Haryana for the respondent - State -.- 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporter or not? 3. Whether the judgment should be reported in the Digest? Nirmaljit Kaur, J. (Oral) This is a petition under Section 482 Cr.P.C praying for quashing of the order dated 18.09.2009 passed by the learned Additional Sessions Judge, Jhajjar vide which, the Court accepted the criminal revision against the order dated 10.09.2009 passed by the Chief Judicial Magistrate, Jhajjar whereby the application for superdari of demand draft which was in the name of the petitioner was allowed for releasing the same. Facts, in short, are that FIR No. 249/2009 under Section 406, 420, 506 IPC was registered on 18.05.2009 at police Station P S Jhajjar on the basis of a complaint made by the complainant Surjit Gulia. One draft for CRM No. M 27393 of 2009 2 a sum of Rs.49,50,018 was taken into possession. Thereafter, the present petitioner filed an application for releasing of the said draft before the Chief Judicial Magistrate, Jhajjar, who vide his order dated 10.09.2009 directed that the same be released to the petitioner on superdari. The said order was challenged by the respondent by filing a revision petition. In revision petition, the Additional Sessions Judge, Jhajjar, vide its order dated 18.09.2009 modified the order dated 10.07.2009 passed by the Chief Judicial Magistrate, Jhajjar to the extent that the demand draft be deposited in the account of accused Sanjay in the SBI with further direction that the Manager SBI will follow the instructions of the Court and the outstanding amount shall be released to the real persons i.e. aggrieved persons in the FIR. Learned counsel for the petitioner while challenging the aforesaid order submitted that the Additional Sessions Judge, Jhajjar had no jurisdiction to direct the Manager of the bank that the said amount be disbursed to the aggrieved persons in the FIR as the Manager, State Bank of India was not an appropriate authority and had no means to find out as to who were the right claimants of the amount of the said demand draft. There appears to be some ambiguity in the order by the Additional Sessions Judge, Jhajjar and merit in the argument raised by the learned counsel. It is further pointed that the said demand draft already stand deposited in the name of the accused petitioner. In view of the above, the present petition is partly allowed and the order dated 18.09.2009 passed by the Additional Sessions Judge, Jhajjar is modified and clarified to the following extend:- CRM No. M 27393 of 2009 3 i) that the demand draft, so deposited in the name of accused- petitioner, shall not be encashed by him during the pendency of the proceedings in pursuance to FIR No. 249/2009 under Section 406, 420, 506 IPC registered on 18.05.2009 at police Station P S Jhajjar; ii) The amount of the said demand draft will be disbursed to the rightful claimants after the case pertaining to the above FIR is finally decided; iii) The interest accrued on the amount of the said demand draft shall also be disbursed to the rightful claimants. Disposed of accordingly. (Nirmaljit Kaur) Judge 14.02.2011 mohan