TMI Blog1948 (8) TMI 14X X X X Extracts X X X X X X X X Extracts X X X X ..... Sunil Kumar Banerjee who is the manager of the Behala Branch of the Darjeeling Bank. The facts which need be mentioned for the disposal of this rule briefly are as follows: The complainant Krishna Chandra Nath filed a petition of complaint against Sunil Chandra Banerjee stating that the complainant had a current account with the bank and had issued a cheque on the bank for Rs. 5,620 and odd for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... have made the deposit of Rs. 200. He accordingly charged the accused petitioner with having committed offences punishable under sections 403, 406 and 420 of the Penal Code. A warrant was issued against the petitioner. The criminal proceedings however were not proceeded with because of an order passed by Das, J., in a company matter whereby these proceedings were stayed till the disposal of an app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vacated the continuance of the proceedings without vacating the stay order was without jurisdiction. The next objection related to the merits of the case and it was contended that the evidence does not disclose an offence of cheating. As regards the ground that the evidence does not disclose an offence of cheating I am of opinion that it cannot be sustained at this stage. There is evidence on t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Das. The order was that there should be a stay of all proceedings till the disposal of the application for the sanction of the scheme of amalgamation. The criminal proceedings were revived only after the stay order had spent its force by reason of the disposal of the application for the sanction of the scheme of amalgamation by Edgley, J, The only question that remains for decision is whether ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he representation. This fact may render the bank civilly liable but I cannot see how it can be said that these proceedings are against the bank itself. I do not see how a bank can be charged with cheating. The bank is a person, but it is a juridical person and not an actual person. The bank is such that it cannot be said to have mens rea requisite for the offence of cheating. The bank as such ca ..... X X X X Extracts X X X X X X X X Extracts X X X X
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