Vijay Bishnoi, J. - (1.) THE matter comes up on an application (Crl. M.A. No. 336/2015) moved on behalf of respondent No. 2 with a prayer for handing over the demand draft of Rs. 7,00,000/ - to him and with a prayer for not proceeding further against the petitioners in respect of allegations levelled by the respondent No. 2 in the FIR No. 290/2014 dated 10.10.2014 of Police Station, Gulabpura, District Bhilwara.
(2.) BRIEF facts of the case are that the respondent No. 2 has lodged the FIR No. 290/2014 on 10.10.2014 against the petitioner at Police Station, Gulabpura, District Bhilwara while alleging that a contract for construction of road was awarded to the petitioners construction firm and for that Rs. 7,00,000/ - was also been given to them, but despite payment of the said amount, the petitioners have not constructed the road and, therefore, misappropriated the money given to them by the respondent No. 2. On receiving the said report, the police has lodged the impugned FIR against the petitioners for the offences punishable under Sections 467, 468, 406 and 420 IPC. On 09.01.2015, after taking into consideration the contention of the petitioners that the construction of the road could not be completed because the officers of the Rajasthan Spinning & Weaving Mills Limited (hereinafter referred to as 'the RSWM Ltd.') had requested them to do the work after some time and in view of undertaking given by the petitioners that the petitioners are ready to refund the amount of Rs. 7,00,000/ - to the RSWM Ltd., this Court has stayed the further investigation in connection with the impugned FIR subject to the condition that the petitioners should deposit a demand draft of Rs. 7,00,000/ - by 15.01.2015 in favour of RSWM Ltd. with the Investigating Officer.
(3.) PURSUANT to the direction given by this Court, the petitioners have deposited demand draft of Rs. 7,00,000/ - in favour of the RSWM Ltd. which is lying with the Investigating Officer.;