GENGESH KUMAR NAYAR Vs. STATE

JUDGEMENT

(1.) IN the present case an order was passed on 27th May, 2003 granting interim anticipatory bail to the petitioner conditional upon his depositing Rs. 1,80,000/- with the Registrar General within two weeks. The said amount was deposited.

(2.) AN application was filed by the petitioner in September, 2003 seeking release of the said amount. The application was disposed of by an order dated 24th September, 2003directing that the "amount be kept in fixed deposit till final adjudication of the rights of the petitioner, by the court of competent jurisdiction."

(3.) THE petitioner thereafter filed Crl.M.C.4481/2006 under Section 482 of the Code of Criminal Procedure (Cr.P.C.) seeking the quashing of FIR No.52 of 2003 under Section 379 of the Indian Penal Code ('IPC') registered at Police Station Mukherjee Nagar, Delhi. By an order dated 7th January, 2009, this Court allowed Crl.M.C.4481 of 2006 and quashed the said FIR. It was, inter alia, noted that despite the closure report having been filed and notice having been served on the complainant, none was appearing for the complainant before the trial court.