Kotak Mahindra Bank Pvt Ltd. ... vs State Of Gujarat
2021 Latest Caselaw 33 Guj

        R/SCR.A/8930/2020                                       ORDER




      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/SPECIAL CRIMINAL APPLICATION NO. 8930 of 2020

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KOTAK MAHINDRA BANK PVT LTD. THROUGH PRAVIN DEVIDAS PATIL
                          Versus
                   STATE OF GUJARAT
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Appearance:
ADITYA R GUNDECHA(8869) for the Applicant(s) No. 1
RUTVEEK B SINGAL(9523) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MR. MANAN MEHTA, APP for the Respondent(s) No. 1
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 CORAM: HONOURABLE MR. JUSTICE B.N. KARIA

                            Date : 04/01/2021

                               ORAL ORDER

After hearing learned advocate for the applicant, as he has drawn attention of this Court towards document produced at page No.14 submitting that as per order passed by Police Inspector, Umra Police Station, Surat City, statement of the applicant was recorded and thereafter opponent was called for by the Police Officer on telephone for recording his statement. It was further observed in the order that compromise was arrived at between the parties, and therefore, there is no necessity to proceed with the matter and no further proceedings were required in connection with the application filed by the applicant.

Learned advocate for the applicant submits that approach of the Investigating Officer in connection with the application filed by the applicant was not proper and legal as

R/SCR.A/8930/2020 ORDER

he is not followed the guidelines issued by the Hon'ble Apex Court in the case of Lalita Kumari vs. Government of Uttar Pradesh and others reported in (2014) 2 SCC 1.

Considering the peculiar facts of the case, as the huge amount of due of the bank is to be recovered by the applicant from the accused persons, it appears that applicant has further approached by way of making further representation on 10.07.2019 addressing to the Police Commissioner, Surat and as per the submissions, his application is not decided or no further action was taken by the police authorities. Therefore, applicant may be permitted to approach the Police Commissioner, Surat for his grievance and Police Commissioner, Surat may rely upon the judgment of the Hon'ble Apex Court in the case of Lalita Kumari vs. Government of Uttar Pradesh and others reported in (2014) 2 SCC 1 and representation of the applicant may be decided in accordance with law within a period of four weeks after approaching the applicant before him.

With aforesaid observation, present application stands disposed of.

Registry is directed to send a copy of this order to the Police Commissioner, Surat through fax or email forthwith.

(B.N. KARIA, J) K. S. DARJI