M/S Sis Cash Services Private ... vs The State Of Madhya Pradesh
2023 Latest Caselaw 9711 MP

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     IN THE HIGH COURT OF MADHYA PRADESH
                 AT JABALPUR
                         BEFORE
           HON'BLE SHRI JUSTICE SANJAY DWIVEDI
                    ON THE 27 th OF JUNE, 2023
                 WRIT PETITION No. 7055 of 2023

BETWEEN:-
M/S SIS CASH SERVICES PRIVATE LIMITED THROUGH
ITS ASSISTANT BRANCH HEAD BAJRANG BAHADUR
SINGH S/O SHRI MAHENDRA SINGH AGE 36 A
COMAPANY DULY INCORPORATED OFFICE AT B-26
OKHLA INDUSTRIAL AREA PHASE 1 NEW DELHI 110 020
AND THE BRANCH OFFICE AT H.NO. 1074 GROUND
FLOOR NEAR 4TH BRIDGE KATANGA ROAD NAPIER
TOWN JABALPUR (MADHYA PRADESH)

                                                      .....PETITIONER
(BY SHRI ASHISH KUMAR PANDEY - ADVOCATE)

AND
1.    THE STATE OF MADHYA PRADESH THROUGH
      THE STATION HOUSE OFFICER POLICE STATION
      ROOPJHAR DISTRICT BALAGHAT (MADHYA
      PRADESH)

2.    THE BRANCH MANAGER, SYNDICATE BANK NOW
      MERGED INTO CANARA BANK BRANCH UKWA,
      TEHSIL BAIHAR, DISTRICT BALAGHAT (MADHYA
      PRADESH)

3.    FINANCIAL SOFTWARE AND SYSTEM PVT. LTD.
      (F.S.S.) A COMPANY UNDER COMPANIES ACT 1956
      THROUGH ITS HEAD ATM FILED SERVICES 501-
      505, 5TH FLOOR EVEREST CHAMBERS MAROL
      NAKA, ANDHERI KURLA ROAD, ANDHERI (EAST)
      MUMBAI (MAHARASHTRA)

4.    THE DISTRICT TREASURY OFFICER, DISTRICT
      T R E A S U R Y DISTRICT BALAGHAT (MADHYA
      PRADESH)

                                                    .....RESPONDENTS
(RESPONDENT NO.1/STATE BY SHRI GIRISH KEKRE - GOVERNMENT
ADVOCATE)
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             This petition coming on for admission this day, th e court passed the
 following:
                                            ORDER

Learned counsel for the petitioner, by the instant petition filed under Article 226 of the Constitution of India, is claiming that though a criminal case got registered in respect of an embezzlement, but the amount said to have been embezzled has been deposited with the bank and the remaining amount of Rs.7 lacs which in fact, neither belongs to the bank nor of culprits, was seized during the course of investigation from the possession of the employees and deposited in the treasury whereas it belongs to the petitioner and as per the judgment

passed by the trial Court trying the criminal case, the amount deposited in the treasury shall be forfeited, if no appeal is filed.

In view of the above, I am disposing of this petition directing the petitioner to raise his grievance before the trial Court where the criminal case was being tried or before the appellate Court by filing an appeal and on the same being done, the Court concerned shall consider and decide the petitioner's grievance in accordance with law.

Without expressing any opinion on the merits of the case, the petition filed by the petitioner stands disposed of.

Certified copy as per rules.

(SANJAY DWIVEDI) JUDGE Devashish

DEVASHISH MISHRA 2023.06.28 10:32:59 +05'30'