Punjab National Bank Vs Anita Agrawal

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1

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2025:CGHC:3616

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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CRMP No. 169 of 2025

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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

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... Petitioner(s)

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versus

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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

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... Respondent(s)

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

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Hon’ble Shri Justice Arvind Kumar Verma

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Order on Board

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21/01/2025

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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

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2

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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.

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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 NonPerforming 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

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3

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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.

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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.

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I have heard learned counsel for the petitioner and on the point of law I have heard learned State Counsel.

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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

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4

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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.

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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).

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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

Punjab National Bank v. Anita Agrawal

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Punjab National Bank v. Anita Agrawal

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