Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:135179 Court No. - 83 Case :- APPLICATION U/S 529 BNSS No. - 2694 of 2025 Applicant :- Ghanshyam Opposite Party :- State of U.P. Counsel for Applicant :- Kiran Yadav,Sanjay Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Shekhar Kumar Yadav,J.
1. Heard Mr. Sanjay Kumar Yadav, learned counsel for the applicant and learned Additional Government Advocate for the State.
2. By means of this application, the only prayer made by the applicant is that a direction be issued to the Civil Judge (Senior Division)/ F.T.C/A.C.J.M, Mau in Camplaint Case No. 459 of 2015, under Sections 406 IPC and Section 138 N.I. Act, P.S.- Sarai Lakhansi, Mau as well as to modify the order dated 08.07.2025 and further Branch Manager, State Bank of India, Maunath Bhanjan Branch, Mau be also directed to release an amount of Rs. 50,000/- with interest, in favor of applicant, namely, Ghanshyam s/o Ram Lakshan, Resident of Village Piparsath, Police Station- Haldarpur, District- Mau, within a short stipulated period.
3. Learned counsel for the applicant submits that there was some financial dispute was pending between applicant and Sangram Ram and Sangram Ram has filed Complaint Case No. 4599 of 2015 (Sangram Ram vs. Ghanshyam), under section 406 I.P.C and Section 138 N.I Act, Police Station- Sarai Lakhansi, District- Mau. Thereafter, the applicant approached before this Court in Criminal Misc. Application U/s 482 Cr.P.C bearing No. 12435 of 2016 (Ghanshyam Vs. State of U.P and another) and co-ordinate Bench of this Court vide order dated 6.5.2016 referred the matter for mediation centre of the court below directing the applicant to deposit a sum of Rs.50,000/- by way of Demand Draft in the Court below and also to deposit Rs. 15,000/- before Mediation Centre of this Court. In compliance of order passed by this Court, the Chief Judicial Magistrate, Mau vide
order dated 3.6.2016, directed to the Branch Manager, State Bank Mau to deposit of Rs.50,000/- and in compliance of
order dated 6.5.2016, the applicant deposited Rs. 50,000/- by way of demand draft Rs. 20,000/- and 30,000/-. Thereafter, vide order dated 18.5.2018, this Court allowed the Criminal Misc. Application No. 12435 of 2016 directing the court below concerned to return/refund the amount of Rs. 50,000/- deposited with it to the applicant Ghanshyam on 18.05.2018.
4. Learned counsel for the applicant further submits that the applicant moved an application dated 19.07.2018 before Chief Judicial Magistrate Mau for return/refund of Rs. 50,000/- to the applicant in compliance of the order dated 18.05.2018 passed by this Court and the Additional Chief Judicial Magistrate, Mau called for a report to the Bank Manager, State Bank of India regarding the amount deposited by the applicant on 16.06.2025. Thereafter, the Chief Manager, State Bank of India, Branch Maunath Bhanjan District- Mau submitted his report dated 08.07.2025 along with Statement of account where the aforesaid amount was deposited and stated that total amount with interest is Rs.
74,933/,
thereafter,
Civil
Judge
(Senior Division)/F.T.C/A.C.J.M, Mau vide order dated 08.07.2025
directed the Branch Manager, State Bank of India, Branch Maunath Bhanjan District- Mau to release an amount of Rs. 50,000/-only in favor of applicant.
5. On the other hand, learned A.G.A. submits that the application is misconceived and is liable to be rejected insofar as the applicant by means of this application is trying to modify the impugned order dated 8.7.2025 passed by the court below. Moreover, the applicant has remedy to approach before the court below for release of the interest accrued on the amount deposited with the bank under order of this Court.
6. Application has no force and is hereby dismissed.
7. After passing of the aforesaid order, learned counsel for the applicant submits that he does not want to press the present application and prays for dismissal of the same as withdrawn.
8. Accordingly, the present application is dismissed as withdrawn.
Order Date :- 11.8.2025 // Krishna* Digitally signed by :- KRISHNA KUMAR High Court of Judicature at Allahabad