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2015 Supreme(Jhk) 1518

PRASHANT KUMAR
Anil Kumar – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Petitioner:- Mrs. Rakhi Rani, Advocate.
For the State : - Mrs. Vandana Bharti, A.P.P.

ORDER :

In this application petitioner has made following prayers:-

(i) The order dated 23.03.2011 passed in A.B.A. No. 3904/2010 be modified to the extent that the amount of Rs. 2,50,000/-, deposited by the accused (Pawan Kumar Pandey) in the learned court below in compliance of the aforesaid order may be released in favour of the petitioner, because accused is not co-operating in the trial.

(ii) Petitioner further prays for issuance of an order directing the learned court below to release Rs. 2,50,000/- in favour of the petitioner/informant.

2. It appears that petitioner, who is the informant of this case, lodged an F.I.R. alleging therein that he took an agency of Himtaz Herbal Company, Faridabad from accused (Pawan Kumar Pandey) in September, 2008. It is further alleged that in the month of December, 2008 Pawan Kumar Pandey suddenly stopped the business without any information. Thereafter, petitioner went to Faridabad and demanded Rs. 4,50,000/- which the petitioner deposited with the Company of Pawan Kumar Pandey. It is stated that Pawan Kumar Pandey gave two cheques of IDBI Bank bearing No. 340491 and 340492 to the petitioner. It is stated that the petitioner presented both chequ


















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