The Court closed criminal proceedings under Section 420 of the Indian Penal Code by making the pre-arrest bail absolute, provided the accused deposited the disputed amount of Rs. 11,00,000/- before the trial court for the complainant.

ORDER :

Leave granted.

2. The F.I.R. filed by the respondent No.2 against the accused-appellant alleges commission of the offence under Section 420 of the Indian Penal Code with regard to a transaction of sale and purchase of a land. In the F.I.R. it is mentioned an amount of Rs. 11,00,000/- (Rupees eleven lakhs only) is due from the accused-appellant.

3. By order dated 28.10.2016, this Court recorded the statement made on behalf of the accused-appellant that a demand draft of Rs. 11,00,000/- (Rupees eleven lakhs only) has been prepared for being handed over to the complainant/first informant. Taking into account the said submission by the said order dated 28.10.2016, this Court granted pre-arrest bail to the accused-appellant and directed that the complainant be added as the respondent No.2 in the special leave petition.

4. An affidavit has been filed by the appellant stating that though he tried to serve notice personally, the same was not accepted by the complainant-respondent No.2.

5. In the totality of the above facts, we are of the view that the present proceedings should be closed by making the interim order of pre-arrest bail dated 28.10.2016 absolute and directing the accused-appellant to deposit a sum of Rs. 11,00,000/- (Rupees eleven lakhs only) before the trial Court within a period of seven days from today. We order accordingly.

6. The said demand-draft may be handed over by the trial Court to the respondent-complainant, in the event the respondent-complainant approaches the trial Court with such a prayer.

7. The appeal is disposed of in the above terms.