Chattisgarh High Court
Punjab National Bank vs Rohit Agrawal on 16 January, 2025
1
2025:CGHC:2696
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRMP No. 177 of 2025
1 - Punjab National Bank Niharika Branch, District- Korba, C.G. Through Its Authorized
Signatory Shri Abhinav Kumar Sakhya, S/o Vijay Kumar Sakhya, Aged About 33 Years,
Branch Manager, Punjab National Bank, Niharika Branch, District- Korba, C.G.
... Petitioner(s)
versus
1 - Rohit Agrawal S/o Vijay Agrawal Aged About 36 Years R/o Q. No. B-1, S S Green
Colony, D D M School Road, Korba, District- Korba, C.G.
... Respondent(s)
For Petitioner(s) : Mr. Harshwardhan, Advocate
For Respondent(s) : Mr. Neeraj Sharma, Dy. A.G.
Hon'ble Shri Justice Arvind Kumar Verma
Order on Board
16/01/2025
1. The petitioner has sought the present petition under Section 528
of BNSS, 2023 against the order dated 03.10.2024 passed by the
Learned JMFC, Korba, C.G. whereby despite dismissal of
Criminal Appeal of the respondent the amount deposited by the
respondent is not released in favour of the petitioner on illegal and
Hyper Technical grounds.
2. Brief facts of the case are that the petitioner herein is a
nationalized bank having its branches all over the country and is a
fore runner in the field of banking in the entire country. The
respondent herein had availed loan facility of Rs. 28 lakhs towards
the vehicle finance from the petitioner bank. In this respect the
necessary documents, loan agreement were duly executed
between the parties. The respondent had failed to timely repay the
said loan and on account of the respondent was declared as Non-
Performing Asset (NPA). The respondent finally towards discharge
of his loan liability handed over an account payee cheque bearing
no. 038747 of Rs. 16,76,325/- dated 03.08.2017 drawn on HDFC
Bank Limited, T.P. Nagar, Korba, C.G. The said cheque was
presented by the petitioner Bank towards discharge of the loan
liability of the respondent and the same was dishonored and
returned unpaid by the Bank assigning the reasons of 'funds
insufficient' and 'account dormant' in the account of the
respondent herein. After dishonor of the said cheque the petitioner
herein pursued his legal remedy against the respondent and has
filed a complaint under Section 138 of NI Act, 1881 which was
registered as Criminal Case No. 1749/2017 before the learned
JMFC, Korba (C.G.). After the trial of the said case the learned
JMFC, Korba vide its judgment dated 04.12.2023 punished the
respondent with the imprisonment of 6 months and ordered for
payment of Rs. 20 lakhs to the petitioner bank. Feeling aggrieved
against the judgment the respondent herein preferred an appeal
before the learned First District & Sessions Judge, Korba bearing
Criminal Appeal no. 06/2024. As per the requirements of law the
respondent deposited the amount of Rs. 4 lakhs in the CCD
account of the District Court, Korba with receipt No. 3439 dated
12.01.2024 so that the appeal and the application for stay filed by
the respondent could be heard by the learned District & Sessions
Judge, Korba, C.G. On 20.08.2024 the petitioner herein filed an
application for release of the amount deposited by the respondent.
On 20.09.2024 the Criminal Appeal filed by the respondent was
dismissed by the District & Sessions Judge, Korba and did not
pass any order on the application of the petitioner bank even in
the final judgment. On 26.09.2024 the petitioner filed an
application for release of the said amount before the Learned
JMFC, Korba which was rejected by the learned JMFC on
03.10.2024.
3. Learned counsel for the petitioner contended that the petitioner
had even approached the Sessions Court by way of its application
for release of the said amount however, the same was not
entertained and no decisions was passed on the said application.
4. I have heard learned counsel for the petitioner and on the point of
law I have heard learned State Counsel.
5. Perusal of record shows that the learned JMFC, Korba (C.G.) in
Criminal Case NO. 1749/2017 vide its judgment dated 04.12.2023
punished the respondent herein with the imprisonment of 6
months and ordered for payment of Rs. 20 lakhs to the petitioner
bank. After which the respondent preferred an appeal before the
First Additional Sessions Judge, Korba bearing CRA No. 06/2024
and deposited Rs. 4 lakhs in the CCD account of the District
Court, Korba with receipt No. 3439 dated 12.01.2024. On
20.08.2024, the petitioner herein filed an application for release of
the amount deposited by the respondent, i.e. Rs. 4 lakhs. On
26.09.2024 the First Additional Sessions Judge, Korba (C.G.)
dismissed the appeal and upheld the judgment of the JMFC,
Korba (C.G.) without considering the application dated 20.08.2024
filed by the petitioner bank for release of amount deposited in
CCD Account. Therefore, the application of the petitioner bank
since not considered by the Appellate Court is deemed to be
rejected. The petitioner bank again on 26.09.2024 presented an
application for release of the amount deposited in the CCD
Account of the District Court which was rejected by the learned
JMFC, Korba, C.G. vide its order dated 03.10.2024 asserting that
as per Section 148 of the N.I. Act, 1881, the amount deposited
under the said provision can be ordered to be given to the
complainant only by the Appellate Court. In such a situation, this
Court does not have the jurisdiction to order the amount deposited
as per the order of the Appellate Court to be given to the
complainant.
6. This Court finds it appropriate to direct the JMFC, Korba, C.G. to
release the amount of Rs. 4 lakhs deposited by the respondent on
12.01.2024 bearing receipt No. 3439 in favour of the petitioner
(Punjab National Bank).
7. Accordingly, the order dated 03.10.2024 passed by the learned
JMFC, Korba (C.G.) is set-aside and the present petition is
disposed off.
Sd/-
(Arvind Kumar Verma)
JUDGE
Madhurima
