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 cheques for encashment, which were dishonoured by the bank due to insufficiency of fund. It is stated that when petitioner talked to Pawan Kumar Pandey, he gave Rs. 2,00,000/- to the petitioner and said that the balance amount will be paid to him within two days. It is alleged that the rest of the amount has not been paid by the accused. Hence, the petitioner lodged the F.I.R., bearing number Namkum P.S. Case No. 91 of 2009, under Section 420 read with Section 34 of the I.P.C. and Section 138 of the Negotiable Instrument Act.

3. It appears that thereafter Pawan Kumar Pandey filed an application for anticipatory bail in this court vide A.B.A. No. 3904 of 2010. It is worth mentioning that the petitioner also appeared in the said anticipatory bail application and opposed the same. However, since Pawan Kumar Pandey gave an undertaking that he would deposit Rs. 2,50,000/- in the court below, subject to the result of the case, this Court vide order dated 23.03.2011 granted bail to the accused (Pawan Kumar Pandey), subject to the condition that Pawan Kumar Pandey will deposit Rs. 2,50,000/- in the court below. The court below was further directed to pay the aforesaid amount of Rs. 2,50,000/- to the accused (Pawan Kumar Pandey) if he will be acquitted from the charges leveled against him or to informant (this petitioner) if Pawan Kumar Pandey will be convicted. It appears that in compliance of aforesaid order dated 23.03.2011 passed in A.B.A. No. 3904 of 2010, the accused (Pawan Kumar Pandey) surrendered in the court below and took bail after depositing Rs. 2,50,000/-.

4. It appears that thereafter charge sheet submitted against the accused (Pawan Kumar Pandey) and the learned court below took cognizance of the offences. Thereafter, the learned court below issued summons to the accused (Pawan Kumar Pandey), but in response of the summons, he did not appear. Thereafter, warrant of arrest issued against him, but in spite of that, he did not appear. Then, process under Section 82 of the Cr.P.C. issued, but, in vein. It appears that now the case is pending in the court below for appearance.

5. Now, the petitioner filed this application for modification of the order dated 23.3.2011, passed in A.B.A. No. 3904 of 2010, whereby this court directed the learned court below to pay Rs.2,50,000/- to the accused (Pawan Kumar Pandey), if he will be acquitted from the charges leveled against him or to this petitioner (informant) if the accused will be convicted. Petitioner further prayed that after modifying the aforesaid order, a direction may be issued to the court below to release Rs.2,50,000/-, deposited by the accused (Pawan Kumar Pandey), in favour of the petitioner (informant).

6. In this case, several time notices issued to accused (Pawan Kumar Pandey) by registered post as