Dismissed

M/S. Calm Consultants Pvt. Ltd. v. Bank of Baroda and Ors.

Bombay HC22 Sept 2011REVN/266/2011

Case brief

AI extract

What is this about?

This criminal revision application by a company challenged the issuance of process against it for alleged misappropriation of funds and breach of trust by a bank. The court observed that the complaint failed to show misappropriation as the bank was relying on a valid general lien over the accused's account for his personal dues. Finding no element of offence, the application was dismissed.

What did the court decide?

The criminal revision application was dismissed with a direction that the learned Additional Sessions Judge set aside the earlier order setting aside the process.

M/S. Calm Consultants Pvt. Ltd. Vs Bank of… — Contract and Commercial Disputes | Bombay HC (2011)

REVN 266.11.sxw

JPP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE JURISDICTION

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CRIMINAL REVN. APPLICATION NO. 266 OF 2011

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M/s. Calm Consultants Pvt. Ltd.

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... Applicant.

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V/s.

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Bank of Baroda & Ors.

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... Respondents.

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Mr. Niranjan Mundargi for the Applicant. Mr. D.R. More, APP for the State.

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CORAM : K.U. CHANDIWAL, J.

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DATED : 22nd SEPTEMBER 2011.

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P.C. :-

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Heard learned Counsel for the Original Complainant.

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Issuance of process dated 21.11.2007 by the learned Additional Chief Metropolitan Magistrate, 40^th Court, Girgaon in Criminal Case No.70/Misc/2006 was questioned by the Respondent - Bank before the learned Additional Sessions Judge in Cri. Revision Application No.824 of 2010. Learned Additional Sessions Judge by allowing the Revision Application set aside the orders of issuing process to the original Complainant is before this Court.

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Having gone through the record, it is more than clear that Amit Jhaveri was the Managing Director of the Applicant - Company. He was dealing the subject Account No.20743 with

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2 REVN 266.11.sxw

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the Bank. Said Amit Zaveri owned several other accounts to the said Bank which too he was operating. Recovery proceedings were initiated by the Bank. Summons were served and after seven months of such service, a legal notice dated 1.11.1998 was issued on Bank by the Applicant/Company making demands. In reply to the said notice dated 16.4.1998, Bank has clarified its stand and empathetically denied its liability to meet the claims raised in the legal notice. The Bank has again indicated that so far as Bank was concerned, there was no credit balance in the account of the Company.

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The Complainant feels that there was mis-appropriation of the funds deposited by him. Reading the complaint as a whole, the very element of mis-appropriation is missing. The bank has appropriated the amounts lying in the said Account with the Company towards the dues of Managing Director, who was holding account in the said Bank. There was a general lien of the Bank which the Bank has ultimately exercised. The legal position is again explained as in the recovery proceeding initiated before the DRT, the Bank has succeeded.

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I do not see any element in the complaint to invite infraction of Sections 403, 406 of I.P.C. as the Complainant seeks. The Application lacks merit. Dismissed.

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(K.U. CHANDIWAL,J.)

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3 REVN 266.11.sxw

M/S. Calm Consultants Pvt. Ltd. v. Bank of Baroda and Ors.

Case brief

What is this about?

What did the court decide?

M/S. Calm Consultants Pvt. Ltd. v. Bank of Baroda and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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Parties & counsel

Coram

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