Punjab National Bank vs Anita Agrawal
2025 Latest Caselaw 1334 Chatt

Chattisgarh High Court

Punjab National Bank vs Anita Agrawal on 21 January, 2025

                                            1




                                                             2025:CGHC:3616


                                                                                 NAFR

               HIGH COURT OF CHHATTISGARH AT BILASPUR



                                CRMP No. 169 of 2025


1 - Punjab National Bank Niharika Branch, District - Korba Chhattisgarh 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
Chhattisgarh
                                                                        ... Petitioner(s)
                                         versus


1 - Anita Agrawal W/o Raj Kumar Agrawal Aged About 56 Years R/o Ward No. 3, Jaiswal
Gali, Gandhi Chowk, Durpa Road, Korba, District Korba Chhattisgarh
                                                                      ... Respondent(s)

For Petitioner(s) : Mr. Devendra Patel on behalf of Mr. Harshwardhan, Advocate For Respondent(s) :

Hon'ble Shri Justice Arvind Kumar Verma Order on Board

21/01/2025

1. The petitioner has sought the present petition under Section 528

of BNSS, 2023 against the order dated 27.09.2024 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. 076040 of Rs. 15,68,632/- 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 'account

closed' 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.

1733/2017 before the learned JMFC, Korba (C.G.). After the trial

of the said case the learned JMFC, Korba vide its judgment dated

14.12.2023 punished the respondent with the imprisonment of 6

months and ordered for payment of Rs. 18 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. 02/2024. As

per the requirements of law the respondent deposited the amount

of Rs. 3 lakhs 60 thousand in the CCD account of the District

Court, Korba with receipt No. 3439 in serial no. 87 dated

11.01.2024 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. Vide the judgment dated 12.07.2024 the

Criminal Appeal filed by the respondent was dismissed by the

District & Sessions Judge, Korba (C.G.). On 26.09.2024 the

petitioner herein filed an application for release of the amount

deposited by the respondent which was rejected by the learned

JMFC, Korba vide order dated 27.09.2024.

3. Learned counsel for the petitioner contended that the petitioner

Bank is duly entitled for the amount of Rs. 3 lakhs 60 thousands

deposited by the respondent herein. He further contended that the

amount is deposited and further execution compliance of the

compensation is to be ensured by the learned JMFC only.

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. 1733/2017 vide its judgment dated 14.12.2023

punished the respondent herein with the imprisonment of 6

months and ordered for payment of Rs. 18 lakhs to the petitioner

bank. After which the respondent preferred an appeal before the

First Additional Sessions Judge, Korba bearing CRA No. 02/2024

and deposited Rs. 3 lakh 60 thousand in the CCD account of the

District Court, Korba with receipt book No. 3439 in serial no. 87

dated 11.01.2024. On 26.09.2024 the petitioner herein filed an

application for release of the amount deposited by the respondent

which was rejected by the learned JMFC, Korba vide order dated

27.09.2024.

6. This Court finds it appropriate to direct the JMFC, Korba, C.G. to

release the amount of Rs. 3 lakh 60 thousand deposited by the

respondent on 11.01.2024 bearing receipt No. 3439 in serial no.

87 in favour of the petitioner (Punjab National Bank).

7. Accordingly, the order dated 27.09.2024 passed by the learned

JMFC, Korba (C.G.) is set-aside and the present petition is

disposed off.

Sd/-

(Arvind Kumar Verma) JUDGE

Madhurima