Case Note & Summary
The petitioner, Bhupendra Hargovandas Majithia, filed a criminal writ petition before the Bombay High Court seeking a direction to Respondent No.3 (Axis Bank) to re-credit an amount of Rs.65,00,000/- to the account of Shreeji Jewelers, which was allegedly illegally debited to the account of Diya Commodity, a proprietorship of Respondent No.2 (Jaydeep Dhirajlal Thacker). The petitioner claimed that Respondent No.2 had abducted him and forcibly taken a chequebook with signed cheques, one of which was misused by filling in the amount of Rs.65,00,000/- and depositing it. A complaint was lodged on 5th July 2019 at Ghatlodia Police Station, Ahmedabad, which was forwarded to Vile Parle Police Station. The petitioner alleged that the police wrote to the bank to freeze the amount, but the bank did not comply. The court noted that the matter involved serious disputed questions of fact, including the alleged abduction and forgery, which could not be adjudicated in writ jurisdiction. The court observed that the petitioner had an alternative remedy by way of a criminal complaint or approaching the criminal court. The petition was dismissed, leaving it open to the petitioner to pursue appropriate remedies.
Headnote
A) Criminal Law - Writ Jurisdiction - Bank's Obligation - Article 226 of Constitution of India - The petitioner sought direction to bank to re-credit Rs.65,00,000/- allegedly misused via forged cheque - Court held that disputed questions of fact regarding abduction and forgery cannot be adjudicated in writ proceedings - Held that the petitioner must pursue remedy before criminal court or await outcome of investigation (Paras 1-5).
Issue of Consideration
Whether the High Court can direct a bank to re-credit an amount allegedly debited through a forged cheque, when the matter is under police investigation and involves disputed questions of fact.
Final Decision
The petition is dismissed. Rule discharged. No order as to costs. It is open to the petitioner to pursue appropriate remedies in accordance with law.
Law Points
- Writ jurisdiction under Article 226
- bank's obligation to act on police request
- disputed questions of fact not adjudicated in writ proceedings
Case Details
2021 LawText (BOM) (02) 73
Criminal Writ Petition No.460 of 2020
S.S. Shinde, Manish Pitale
Mr. Ashok Kumar Dubey, Mr. Anil Pandey, Mr. Abhinav Dubey i/b SAVJ LAW Solutions for the Petitioner; Ms. Savita Mundra, Ms. Pratibha Tiwari for Respondent No.3; Mr. J.P. Yagnik, APP for the Respondent/State
Bhupendra Hargovandas Majithia
The State of Maharashtra, Jaydeep Dhirajlal Thacker, The Manager, Axis Bank
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Nature of Litigation
Criminal writ petition seeking direction to bank to re-credit amount allegedly misused via forged cheque.
Remedy Sought
Direction to Respondent No.3 (Axis Bank) to re-credit Rs.65,00,000/- to the account of Shreeji Jewelers.
Filing Reason
Alleged misuse of a cheque forcibly taken from petitioner by Respondent No.2, who filled in amount and deposited it.
Issues
Whether the High Court can direct a bank to re-credit an amount allegedly debited through a forged cheque, when the matter is under police investigation and involves disputed questions of fact.
Submissions/Arguments
Petitioner argued that Respondent No.2 misused a cheque forcibly taken from him, and the bank should re-credit the amount.
Respondent No.3 (Bank) likely argued that it acted on police request and cannot re-credit without proper order.
Ratio Decidendi
Disputed questions of fact regarding alleged abduction and forgery cannot be adjudicated in writ jurisdiction under Article 226; the petitioner must pursue remedy before criminal court or await outcome of investigation.
Judgment Excerpts
It is the case of the petitioner that respondent No.2 misused a cheque, allegedly forcibly taken from him and after filling amount of Rs.65,00,000/- in such a cheque, deposited the same in his account.
The petitioner further claims that upon the said complaint lodged by him, respondent No.1 had written a letter to respondent No.3-Bank to freeze the amount of Rs.65,00,000/- in the account of ‘M/s.Diya Commodity’ of which, respondent No.2 is the proprietor.
Procedural History
The petitioner filed a complaint on 5th July 2019 at Ghatlodia Police Station, Ahmedabad, which was forwarded to Vile Parle Police Station. The petitioner then filed Criminal Writ Petition No.460 of 2020 before the Bombay High Court seeking direction to the bank to re-credit the amount. The petition was heard and dismissed on 8th February 2021.
Acts & Sections
- Constitution of India: Article 226
