Judgment

RAY, J. :- These four appeals are by special leave against the order dated 22 March, 1971 of the High Court at Allahabad dismissing the applications of the appellant under section 561-A of the Criminal Procedure Code for quashing the proceedings based upon first information report lodged against the appellant by the four respondents.

2. The appellant has been living and doing business in the United Kingdom since the year 1963. The appellant is one of the Directors of M/s. H. Gupta (London) Limited and Oriental Wool Crafts Limited carrying on business in England. The company is dealing in the business of carpets imported from India.

3. Sometimes in the month of June, 1970 four complaints were lodged against the appellant. The complaints are residents of Bhadohi in the District of Varanasi. The complainants are manufacturers of carpets. The complainants came in contant with the appellant in the year 1962. The complaints and the appellant had dealings and transactions in carpets. In the year 1965 the appellant withheld payment of several bills representing the price of carpets sent by the complainants to the appellant. In the year 1965 the appellant came to India. The complaints demanded money. The appellant said that he would send them payment from London. The complainants did not receive any money. When the appellant came to India in 1970 the complainants were kept in the dark about his visit to India. Eventually, the complainants came to know about it. The complainants on or about 4 July, 1970 lodged complainants against the appellant.

4. The appellant was thereafter arrested for offences under sections 406 and 420 of the Indian Penal Code on the first information report of the complainants.

5. The Additional District Magistrate, Gyanpur refused bail. On 13 July, 1970 the appellant applied for bail before the Sessions Judge, Varanasi in Uttar Pradesh. The appellant was to be enlarged on bail and the sureties were to be two of Rupees 40,000 each in one case, two sureties of Rs. 30,000 each in the second case and two sureties of Rs. 10,000 each in third case and two sureties of Rs. 15,000 each in the fourth case and in each case there was to be a personal bond of the like amount. The appellant was also asked not to leave India without the permission of the court. The appellant was unable to furnish the sureties. The appellant thereafter applied to the High Court at Allahabad for modification of the order in respect of sureties. The High Court on 21 July, 1970 was pleased to modify the order of the Sessions Judge by reducing the amount of surety to Rs. 10,000/- in each case and a personal bond of the like amount in each case.

6. The complainants on coming to know of the order of the High Court in the month of July, 1970 made an application under section 498 read with section 561-A of the Criminal Procedure Code that the Additional District Magistrate at Varanasi should be directed to seize the passport of the appellant before enlarging him on bail on the ground that there was an apprehension that the appellant would jump his bail. The High Court at Allahabad on 21 August, 1970 passed orders directing the Additional District Magistrate, Varanasi that there would be no harm if the appellant was further ordered to surrender his passed to the Additional District Magistrate (Judicial), Varanasi. The appellant was thereafter released on bail on 21 September, 1970 after furnishing the surety to the tune of Rs. 10,000/- in each case and after surrendering his passport to the Additional District Magistrate (Judicial), Varanasi.

7. The appellant on being released on bail moved an application under section 561-A of the Criminal Procedure Code in the High Court at Allahabad and prayed for three orders. There were: first, that the proceedings based upon first information report lodged by the complainants be quashed; secondly, that the orders of the High Court of Allahabad dated 21 August, 1970 directing the appellant to surrender the passpo