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2023 (3) TMI 378 - HC - Indian Laws
Dishonour of Cheque - Rejection of claim against the Opposite Party Nos.2 and 3/Bank who failed to discharge their duty and service to him as per the RBI guidelines - illegality in not intimating regarding the status of the cheque deposited by him in the said bank in spite of several approach made by him.
HELD THAT:- From the materials on record, it is clear that the Petitioner has presented a counter-foil dated 12.06.2017 with bank seal as proof that his deposit was duly acknowledged by the bank. However, generally in banks, the cheques are dropped in a "Drop in Box" and no receipt is issued. If the depositor insists for the receipt, the counterfoil of the pay-in-slip is stamped and is returned to the depositor. But, this does not signify that the deposit via cheque is successful from the Bank’s end. The depositor is usually notified via his registered phone number with the Bank if his deposit has been successfully processed.
In the instant case, the Petitioner has contended that after deposit of the cheque no intimation was received by him from the Opp. Party No.2/ Bank and due to his arrest after 7-8 days of the deposit of the said cheque, he could not contact the Opp. Party No.2/ Bank to know about the status of the aforesaid cheque. The fact that the Petitioner or any of his acquaintances did not inquire about the status of the cheque for approximately 2 years (5years in total) from the date of deposit itself casts a doubt on the genuineness of the Petitioner’s claim - the Petitioner in the instant case did not inquire about the status of deposit even after a week and thereafter, he was arrested.
Moreover, a case for obtaining money through fraud has been registered against the Petitioner vide Badambadi P.S Case No.136/2017 under Sections 420, 467, 471 and 406 of IPC. The cheque in question in the present Writ Petition is also the subject matter of the said criminal case and the same is pending for trial.
Since, a criminal case is pending against the Petitioner where he has been accused of receiving huge sums of money amounting to Rs.1,44,77,000/- for committing fraud, it is imperative that the case be investigated in proper prospective so as to unearth the true dimensions of the crime. Under these circumstances, this Court is not expected to marshal the records with a view to decide admissibility and reliability of the documents or records.