IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.2306 OF 2011

(@ SPECIAL LEAVE PETITION(CRL.)NO.7681 OF 2010)  

MAMAN KUMAR AGRAWAL      ..........APPELLANT                     VERSUS  

M/S GUPTA HOMES P.LTD.& ANR           .........RESPONDENTS  

O R D E R

1. Leave granted.  

2. Heard learned counsel for the parties.

3.  This appeal is directed against the judgment and order  

dated 05.04.2010 passed by the High Court of Judicature at  

Patna in Criminal Miscellaneous No.39582 of 2009.  By the  

impugned  order,  the  High  Court  has  quashed  the  orders  

passed by the learned Judicial Magistrate taking cognizance  

for the offences punishable under Sections 406 & 420 of the  

Indian Penal Code.

4.  On  the  last  date  of  hearing,  the  learned  counsel  

appearing  for  the  appellant  had  submitted  that  he  was  

willing to accept a sum of Rs.9,87,000/- with a reasonable  

interest,  if  it  is  paid  by  the  respondents,  within  a  

reasonable time.

5.  Since the learned counsel appearing for the respondents  

did not have instructions from his client, we had adjourned  

the matter last time.

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6.  Today,  learned  counsel  appearing  for  the  respondents  

would submit that his clients are willing to refund a sum  

of Rs.9,87,000/- but without interest.  

7.  It is an admitted case that the appellant had paid a  

sum of Rs.9,87,000/- to the respondents towards allotment  

of a flat and that amount is lying with the respondents  

right from the year 2006.  In our opinion, the respondents  

ought to have returned the amount paid by the appellant,  

with interest, from 21.12.2006. In view of the above, we  

dispose of this appeal and direct the respondents to pay  

the  sum  of  Rs.9,87,000/-  with  12%  p.a.  interest  from  

21.12.2006  till  the  date  of  actual  payment.  The  

respondents are granted two months' time from today to make  

the payment.  If, for any reason, the respondents fail to  

make the payment, as aforesaid, then the appellant is at  

liberty  to  make  an  appropriate  application/petition  for  

modification of our order.

Ordered accordingly.  

........................J. (H.L. DATTU)  

.......................J. (CHANDRAMAULI KR. PRASAD)  

NEW DELHI; DECEMBER 12, 2011

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