Final Order 2

Order Details: COPY OF JUDGMENT
Pdf Text: CNR No.DLND01-003671-2022
Cr Rev 159/2022
INTIME FREIGHT AND FORWARDERS PVT. LTD. Vs. MUNNA
30.05.2022
Presence: Sh. Atul Tiwari, Ld. Counsel for the revisionist.
Respondent No.1 is PO.
Sh. Girish Kumar Manhas, Ld. Addl. PP for State/R2.
Arguments heard.
By way of present revision petitioner, the petitioner has challenged the
impugned order dated 14.12.2021, wherein the application of the petitioner for
release of bank guarantee was dismissed.
TCR Received.
The perusal of the case file reflect that the present FIR was registered
regarding the stolen cash of complainant company M/s Intime Freight & Forwarders
Pvt. Ltd. Accused Munna was arrested and from his possession, cash amount was
recovered. Accordingly, Section 411 IPC was added to the FIR. He was
chargesheeted and the chargsheet was filed in the Court. Thereafter the accused was
declared as proclaimed offender and the file was consigned to Record Room vide
order dated 02.05.2019, to be revived as and when the accused would be
apprehended.
One application was moved by complainant company M/s Intime Freight
& Forwarders Pvt. Ltd. for release of cash in their favour. The said application was
disposed off vide order dated 05.06.2004 and the company was directed to furnish
bank guarantee equal to the amount of cash with the condition to keep the bank
guarantee alive till the disposal of the case. The cash amount was released to the
company subject to the said condition. Thereafter, the bank guarantee was furnished
by the company and the cash amount was released to the company/petitioner.
Thereafter, one application was moved by the petitioner for release of the bank
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guarantee on the ground that the case is already been decided. Vide impugned order,
Ld. Trial Court has observed that the case has not been disposed off. Therefore, the
bank guarantee cannot be released. The application was dismissed devoid of merits.
Ld. Trial Court has rightly observed that since, the accused has declared as
proclaimed offender, the case has not been finally disposed off and the case would be
revived as and when the accused would be apprehended. Since, one of the condition
for released of the cash was furnishing of bank guarantee and to keep it alive till the
disposal of the case, Ld. MM was bound by the said order and therefore has rightly
dismissed the application of the petitioner. I find no reason to interfere with the order
of Ld. Trial Court. Hence, revision petition is dismissed.
At this stage, it is submitted by the Ld. Counsel for the petitioner that he
shall be allowed to move appropriate application before the concerned Court for
modification of terms of the release of the cash amount.
The Ld. Counsel can move any application before Ld. Trial Court as per
law and no permission/liberty of this Court is needed for the same.
TCR be sent back alongwith the copy of the order.
Revision file be consigned to Record Room.
(Anu Aggarwal)
ASJ-07/PHC/New Delhi
30.05.2022
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