MUKESH KUMAR SALUJA 2025.07.25 09:58 I attest to the accuracy and integrity of this document High Court Chandigarh CRM-M-39324-2025 -2- deposit a sum of Rs.9 lac within a period of four weeks with the trial court/Area Magistrate, subject to outcome of the trial. 3. Notice of motion. 4. On the asking of Court, Mr. M.S. Bajwa, DAG, Punjab accepts notice on behalf of the respondent-State, while Mr. Tanvir Singh Attariwala, Advocate has put in appearance on behalf of complainant. 5. Learned State counsel assisted by learned counsel for the complainant have vehemently opposed the submissions made by the petitioner on the ground that an amount of Rs.6 lac was transferred in the account of the petitioner and Rs.6 lac was paid in cash by the complainant. They also submit that the custodial interrogation of the petitioner would be required to recover the said amount from him. 6. I have heard the learned counsel for the parties and perused the case file. 7. In the present case, the allegations were levelled by the complainant that the petitioner had received an amount of Rs.9 lac and the remaining amount was paid to other accused. Now since the petitioner has offered to deposit the amount of Rs.9 lac within a period of four weeks from today with the trial Court/Area Magistrate, his custoidal interrogation would not be required. Even otherwise, the law is well settled that the criminal proceedings cannot be used as a tool to recover the amount from the proposed accused. 8. In view of the above, the present petition is allowed and the petitioner is granted concession of anticipatory bail, subject to the conditions as provided 482 (2) of BNSS, 2023. It will be open for the investigating officer to call the petitioner to join the investigation, if so required, by MUKESH KUMAR SALUJA 2025.07.25 09:58 I attest to the accuracy and integrity of this document High Court Chandigarh CRM-M-39324-2025 -3- issuing a written notice in this regard and he shall abide by the conditions mentioned in Section 482(2) of BNSS. 9. The petitioner is directed to deposit a sum of Rs.9 lac within a period of four weeks from today with the trial Court/Area Magistrate, subject to outcome of the trial and the concerned Court shall deposit the said amount in a fixed deposit in some nationalised bank, fetching maximum rate of interest, during trial. However, it is made clear that in case the above-said amount is not deposited within the stipulated period by the petitioner, the present petition shall be deemed to be dismissed. (N.S. SHEKHAWAT) 24.07.2025 JUDGE mks Whether Speaking/Reasoned: YES / NO Whether Reportable: YES / NO MUKESH KUMAR SALUJA 2025.07.25 09:58 I attest to the accuracy and integrity of this document High Court Chandigarh