Allowed

Axis Bank Ltd. v. the State of Karnataka by

Karnataka HC25 Oct 2024CRL.P/9705/2024

Case brief

AI extract

What is this about?

Criminal Petition filed under Section 482 Cr.P.C. by Axis Bank to set aside a trial court order directing it to pay Rs.16,110 to an accused. The High Court allowed the petition, quashing the order and remitting the matter with a direction to give the bank an opportunity.

What did the court decide?

Impugned order dated 08.04.2024 directing payment of Rs.16,110 is set aside; matter remitted to trial court for fresh consideration.

Axis Bank Ltd. Vs the State of Karnataka by — Banking and Recovery | Karnataka HC (2024)

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NC: 2024:KHC:43071 CRL.P No. 9705 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 25^TH DAY OF OCTOBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE K.NATARAJAN CRIMINAL PETITION NO. 9705 OF 2024

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BETWEEN:

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AXIS BANK LTD, A BANKING COMPANY, CARRYING ON THE BANKING BUSINESS UNDER THE BANKING REGULATION ACT, 1956, AND HAVING ITS REGISTERED OFFICE AT 'TRISHUL', 3^RD FLOOR, OPPOSITE SAMARTHESHWAR TEMPLE, LAW GARDEN, ELLIS BRIDGE, AHMEDABAD-380 006 GUJARAT.

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Digitally signed by CHAITHRA P Location: High Court of Karnataka

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AND HAVING ONE OF ITS BRANCH OFFICE AT GOUND FLOOR, SHOP NO.7A AND 7B, SHANTI TOWER, PLOT NO.272, CHARKOP SHANTI CO-OP. HOUSING SOCIETY LTD., RDP-4 SECTOR-5, CHARKOP, BHORAT AUSBERY PARK, KANDIVALI (WEST). MAHALLIER NAGAR, MUMBAI-400 067

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REPRESENTED BY ITS BRANCH HEAD, MR. ANIRBAN BASU, AGED ABOUT 43 YEARS,

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ALSO AT 54/1/24/ HAZRA ROAD, BULLY GUNGE,

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NC: 2024:KHC:43071 CRL.P No. 9705 of 2024

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KOLKATA, WEST BENGAL-700 019

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…PETITIONER

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(BY SMT. ANNAPOORNA S., ADVOCATE FOR SRI. UNNIKRISHNAN M., ADVOCATE)

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AND:

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THE STATE OF KARNATAKA BY SOUTH CEN CRIME POLICE STATION, SOUTH DIVISION, BANGALORE CITY. REPRESENTED BY SPP HON'BLE HIGH COURT OF KARNATAKA, BANGALORE.

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NAGASHREE N.P., D/O PUTTASWAMY, AGED ABOUT 33 YEARS, R/AT NO.2/36, OPP P.E.G. COLLEGE, 22^ND MAIN ROAD, 50 FEET ROAD, BSK IST STAGE, SRINAGAR, BANGALORE-560 050

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…RESPONDENTS

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(BY SMT. WAHEEDA M.M., HCGP FOR R1; V/O/D 25.10.2024, NOTICE TO R2 IS D/W)

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THIS CRL.P IS FILED U/S.482(FILED U/S.528 BNNS) CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 08.04.2024 PASSED BY THE HONBLE 45th ACMM BENGALURU IN CR.NO.1060/2022 THAT IS ANNEXURE C IN TERM OF WHICH THE PETITIONER IS DIRECTED TO DEFREEZE THE SAVING/CURRENT ACCOUNT BEARING NO.922020014218791

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3 - NC: 2024:KHC:43071 CRL.P No. 9705 of 2024

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MAINTAINED IN THE PETITIONER BANK AND TRANSFER THE SAME TO THE ACCOUNT OF THE RESPONDENT NO.2.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE K.NATARAJAN

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ORAL ORDER

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This petition is filed under Section 482 of Cr.P.C., for quashing the order dated 08.04.2024 passed by the Trial Court under Sections 451 and 457 of Cr.P.C., filed by the Respondent No.2, wherein the Trial Court directed the petitioner to pay Rs.16,110/- to the Respondent No.2 which is under challenge in C.C.No.14244/2024.

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Heard arguments of the learned counsel for the petitioner and learned High Court Government Pleader for the State.

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The case of the petitioner is that the petitioner is a banking company where some of the customers are having account in the bank and Police issued the notice under Section 91 Cr.P.C., and freezed the account of the Accused No.1 and some of the customers. The Respondent No.2

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4 - NC: 2024:KHC:43071 CRL.P No. 9705 of 2024

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filed application under Sections 451 and 457 of Cr.P.C., for releasing the amount available in the Bank. Accordingly,

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the Trial Court passed the impugned order directing the petitioner to pay Rs.16,110/- vide impugned order dated 08.04.2024 and a separate direction was sent on 10.04.2024 in respect of the Account

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No.922020014218791.

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Learned counsel for the respondent/Bank has contended some of the customers do not have sufficient fund in the account and some of them have 'zero' balance in their account. Notice was served to the Bank and the impugned order was passed. Therefore, an opportunity should have been granted to the petitioner before passing the order. It is also submitted that in the connected matter also, the petition was allowed by quashing the impugned orders.

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Learned High Court Government Pleader has objected the petition.

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5 - NC: 2024:KHC:43071 CRL.P No. 9705 of 2024

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Heard the learned counsel for the petitioner and perused the records.

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The Trial Court passed the order on the application filed by Respondent No.2 directing the petitioner-Bank to pay the amount of Rs.16,110/- in respect of the customer's Account No.922020014218791, which is seen from the order dated 08.04.2024. This Court as well as the co-ordinate Bench of this Court allowed the application filed by the petitioner-Bank in Criminal Petition No.340/2023 and connected matters vide order dated 23.02.2024, set aside the orders and matter was remitted back for giving fresh consideration. This case is also among them. When the same Bank had obtained the order against Respondent No.2 in other applications, this petition also deserves to be allowed.

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Accordingly, I proceed to pass the following:

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ORDER

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The Petition is allowed.

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6 - NC: 2024:KHC:43071 CRL.P No. 9705 of 2024

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The impugned order dated 08.04.2024 directing the petitioner to pay an amount of Rs.16,110/- is hereby set aside.

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The matter is remitted back to the learned Trial Court

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for fresh consideration by giving opportunity to the petitioner-Bank.

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Sd/(K.NATARAJAN) JUDGE

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BNV ct-snn/List No.: 2 Sl No.: 7

Axis Bank Ltd. v. the State of Karnataka by

Case brief

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Axis Bank Ltd. v. the State of Karnataka by

Case brief

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