VIRENDRA GUPTA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present petition under Sec. 482 of Cr.P.C. has been preferred seeking extension of period for settling the dues of complainants, namely, Rajkumar Yadav and Satish Kumar, who are complainants in crime No.30/2018 and while granting bail the petitioner was granted 04 months time for the same Learned counsel for the petitioner had submitted that the petitioner is very much inclined to settle the dues of complainants but due to certain financial constraints, he needs further breathing time of three to four months for settlement of their dues and thereafter further six months' time was sought to settle the entire dues. The prayer has been opposed by the Govt. Advocate as well as the counsel for the complainants and it has been submitted that on earlier occasions leniency was shown to the petitioner and he was granted bail but instead of settling of the dues of the parties he had absconded and only after a period of one year when an application for cancellation of bail was moved then the petitioner was arrested and sent to jail.

(2.) Thereafter in the month of November, 2023, this Court upon assurances given on behalf of petitioner was pleased to grant bail for the second time with a condition that he would settle the dues of present complainants within a period of four months but during that period also the petitioner had not settled the dues and had sought extension of the period, which was extended by this Court by further two and half months but even after expiry of such period not a single penny has been paid till date, therefore, the petitioner is not entitled for any extension and he may be directed to be sent to jail forthwith.

(3.) After hearing the rival contentions, this Court deems it appropriate that no fruitful purpose would be served to send the petitioner back to jail, which he is convicted in the present matter, instead of, it would be appropriate to direct him to pay 25% of the legitimate claim of the complainants within a period of 10 days from today and further 25% within next 04 months. The claim of the complainants raised by them is loan which they have taken form the bank for purchase of the flats for determination of the legitimate claim, the complainants are directed to procure certificate from the bank with regard to the amount to be repaid to the bank. The petitioner is directed to repay as directed above of the amount as certified by the bank.