In a writ petition regarding a cheque dishonour return due to bank error despite insufficient funds, the court dismissed the petition as withdrawn by the petitioner who opted for alternative legal remedies.
The writ petition stands dismissed as withdrawn by the petitioner.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.34110 of 2021
Pradeep Kumar Das
Petitioner
Mr.N.Lenka, Advocate
- Versus-
Branch Manager, Vijaya Bank, ….. Now Bank of Baroda, Baripada & Anr.
Opposite parties
CORAM: JUSTICE BISWANATH RATH
Order No.
01
ORDER 18.01.2022 1 . This matter is taken up through Video Conferencing Mode. 2. Heard the learned counsel appearing for the petitioner. 3. There is no denial by Mr.Lenka, learned counsel for the petitioner that the cheque involved was ultimately returned to the depositor by its bank on the endorsement that there is a mistake in transaction in spite of there is no sufficient money in the payer’s account. In the circumstance and for bonafide action of the Bank, in releasing money in favour of the beneficiary and after coming know that there was illegal debitence requiring release of such debitance. The action of the Banker since involves a bonafide action, no application against the Bank would have been entertained by the permanent Lok Adaklat. It is at this stage of the matter, Mr.Lenka, learned counsel appearing for the petitioner wants not to pursue this writ petition in order to avail the remedy available under other
provision of law. It is in this view of the matter, the writ petition stands dismissed as withdrawn.
“ (BISWANATH RATH)
JUDGE
1 issue framed by the court
Whether the petitioner can pursue the writ petition against the bank or must seek remedy under other provisions of law.
Pradeep Kumar Das
Branch Manager, Vijaya Bank, Now Bank of Baroda, Baripada & Anr.
BISWANATH RATH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
