H.D.F.C. Bank Ltd vs Gurdial Singh
2023 Latest Caselaw 21687 P&H

Punjab-Haryana High Court

H.D.F.C. Bank Ltd vs Gurdial Singh on 12 December, 2023

Author: Manjari Nehru Kaul

Bench: Manjari Nehru Kaul

          CRM-A-2460-MA-2018 (O&M)                                         -1-
                                                                       2023:PHHC:160647


          259        IN THE HIGH COURT OF PUNJAB AND HARYANA
                                     AT CHANDIGARH

                                                             CRM-A-2460-MA-2018 (O&M)
                                                             Decided on : 12.12.2023

          HDFC Bank                                                         ...... Applicant

                                                    Versus

          Gurdial Singh                                               ...... Respondent

          CORAM : HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

          Present :            Mr. Saurabh Bhardwaj, Advocate
                               for the applicant.
                                           ****

          Manjari Nehru Kaul, J.(Oral)

The present application has been filed under Section 378(4)

r/w Section 372 Cr.PC for permission to file the appeal against the

judgment of acquittal passed by the Judicial Magistrate 1st Class,

Yamuna Nagar at Jagadhri dated 31.01.2017 dismissing the complaint

filed by the applicant - HDFC Bank under Section 138 of the Negotiable

Instruments Act, 1881 (hereinafter referred to as 'the Act').

2. Learned counsel for the applicant submits that after availing

the agriculture loan limit, the respondent in order to discharge his legal

liability, issued a cheque bearing no.198671 dated 07.03.2014 drawn on

Bank of Punjab Ltd. for a sum of Rs.4,41,540/-. On being presented, the

said cheque had been dishonoured vide memo dated 31.03.2014 with

remarks "A/c Closed". Thereafter, statutory legal notice dated

15.04.2014 was issued to the respondent, however, he did not respond

to the same. Therefore, the applicant filed a complaint under Section

CRM-A-2460-MA-2018 (O&M) -2- 2023:PHHC:160647

138 of the Act. It has further been submitted that the Court below found

that the Bank of Punjab Ltd. stood merged with the HDFC Bank on

23.05.2008 and, thereafter, Bank of Punjab Ltd. had ceased to exist from

23.05.2008. The Court below conclued that the cheque dated 07.03.2014

was drawn on a bank, which ceased to exist after 23.05.2008 and,

therefore, the case set up by the applicant - HDFC Bank was doubtful.

Still further, there was no existing liability of the accused towards the

HDFC Bank as the cheque in question was issued as a blank signed

security cheque only to the Bank of Punjab Ltd.

3. Heard learned counsel for the applicant and perused the

relevant material on record.

4. Although, learned counsel for the applicant has strenuously

attempted to make out a case in his favour, however, he has failed to

bring to the notice of this Court any perversity or substantive error in the

impugned order.

5. As a sequel to the above, the present application being

devoid of any merit stands dismissed.

6. Since the application for leave to appeal has been

dismissed on merits, no separate order is required to be passed in the

application for condonation of delay.

          12.12.2023                                      (MANJARI NEHRU KAUL)
          sonia                                                    JUDGE

                               Whether speaking/reasoned:      Yes/No
                               Whether reportable :            Yes/No