K M VIDYA SAGAR Vs. RENU JAYAKUMAR

JUDGEMENT

(1.) This petition has been filed praying to direct the Court of VII Metropolitan Magistrate, George Town, Chennai, to refund the sum of Rs.1,02,250/=, to the petitioner directly, deposited to the credit of C.C.No.2473 of 1999 on the file of the said Court.

(2.) Today, when the above matter has been taken up for hearing, in the m of Rs.1,02,250/= in favour of the petitioner.

(3.) Even though the respondent has no objection to refund the above said amount in favour of the petitioner/accused, still the order requiring the petitioner to deposit 50% of the cheque borne amount made by this Court dated 7.4.2000 in Crl.M.P.No.7866 of 1999 is not being one in consultation with or with the consent of the respondent, but in the interest of justice and for any contingency, it is not desirable to return the amount in favour of the petitioner, particularly during the pendency of the case registered in C.C.No.2473 of 1999 on the file of the Court of VII Metropolitan Magistrate, Egmore, Chennai and it is only proper for a decision to be taken after knowing the result of the case and its consequences. Any decision taken in the meantime, during the pendency of the case, is susceptible to defeat the very purpose of having required the petitioner to deposit the said amount. Further, absolutely there is no change of circumstance that could be attributed on the part of the petitioner for the return of the said amount.