Neutral Citation No. - 2025:AHC:94445 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 9841 of 2025 Applicant :- Arjun Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pushpendra Kumar,Ramdhan Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Ramdhan, learned counsel for applicant and learned AGA. 2. Learned counsel for applicant preferred supplementary affidavit today which is taken on record. 3. On dated 15.05.2025, this Court passed the following order:- "1. Heard Sri Ramdhan along with Sri Pushpendra Kumar, learned counsel for applicant and learned A.G.A. for State. 2. It is the case of applicant that he has been implicated in pursuance to lodging F.I.R. at Case Crime No.572 of 2018, under section 66 of I.T. Act and the allegation fastened upon the applicant that with some electronic device Rs.40,000/- has been fraudulently transferred in the account of applicant and his wife, but the total amount was only Rs.40,000/-; after conducting detail inquiry charge-sheet has been preferred by concerned Investigating Officer upon which cognizance of offence has been taken up by learned court concerned vide order dated 18.12.2019 by way of summoning the applicant in pursuance to section 420 I.P.C. and section 66 of I.T. Act. 3. Learned counsel for applicant submitted that no effort has ever been carried out by the applicant for transferring Rs.40,000/- from the account of informant in the account of applicant or his wife, but at the same time learned counsel for applicant admitted that the amount of Rs.40,000/- has been transferred from the account of informant into the account of applicant and showing bona fide of the same, the client of learned counsel for applicant is ready to refund the amount with interest which has been accrued from the date of deposition of same till the date of refunding in the account of informant. 4. Learned counsel for applicant gives undertaking for refund of the said amount with interest within 15 days from today. Proof of the deposition of Rs.40,000/- against the account of informant shall be apprised to this Court in shape of separate affidavit by 30.05.2025. 5. Put up this case as fresh on 30.05.2025. 6. Till the next date of listing, no coercive action shall be taken against the applicant in the instant matter. " 4. Learned counsel for applicant submitted that in pursuance of order dated 15.05.2025, applicant has already deposited the amount in question with interest that is Rs.48,100/- in the account of informant/opposite party no.2 and as such, there is no liability remains against applicant and the proceedings initiated against him in pursuance of Case Crime No.572 of 2018 may be quashed. 5. Although learned AGA opposed the prayer sought through the instant applicant but did not dispute the fact that the entire amount as alleged to be fraudulently transferred by applicant, has already been deposited in the account of opposite party no.2 with interest. 6. In view of the fact that since the amount in question has already been deposited by applicant with interest in the account of opposite party no.2 meaning thereby the dispute has already been settled between parties and as such, continuation of proceedings of present case against applicant would be futile. 7. Considering the aforesaid facts and circumstances of the present case, Bailable Warrant dated 18.01.2025 along with the entire proceedings of Criminal Case No.3129 of 2019 (State Vs. Arjun Singh), arising out of Case Crime No.572 of 2018, under Section 420 IPC and Section 66 of Information Technology (Amendment) Act, 2008, P.S. Navabad, District Jhansi, pending in the court of learned Additional Chief Judicial Magistrate, Jhansi, are hereby quashed. 8. Accordingly, the instant applicant is allowed. Order Date :- 30.5.2025 Vivek Kr. Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad