United Bank Of India vs State Of Haryana

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(P&H) 1964

PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
KULDEEP TIWARI
United Bank Of India – Appellant
Versus
State Of Haryana – Respondent

Advocates:
Advocate Appeared:
For the Appellant :Mr. R.S. Cheema, Sr. Advocate assisted by Mr. Arshdeep Singh Cheema, Advocate
For the Respondent:Mr. Abhinash Jain, D.A.G., Haryana, Mr. Adhirath Singh, Advocate with Ms. Raymon Singh, Advocate and Mr. R.D. Gupta, Advocate

JUDGMENT :

Kuldeep Tiwari, J.

Through the instant petition, as instituted under Section 482 of the Cr.P.C., the petitioner No.1-Bank, which is a body corporate constituted under the Banking Companies (Acquisition of Transfer of Undertakings) Act, 1970, and, the petitioner No.2, who is Deputy General Manager of the petitioner No.1- Bank, yearn for grant of the hereinafter extracted relief(s):-

"Set aside the order dated 12.02.2018, whereby, the learned Additional Sessions Judge concerned has, after allowing the appeal, as preferred by the respondents No.2 and 3 herein, against the dismissal of their application under Section 340 of the Cr.P.C., set aside the order dated 16.07.2016 and remitted the respondents concerned to the learned trial Court concerned, with a direction to the latter to hold further enquiry and to proceed with the matter, as per law."

FACTUAL MATRIX

2. Owing to dishonour of cheque(s), which was issued by the authorized signatory of M/s Lakhani India Limited (hereinafter referred to as "accused firm"), in lieu of his firms outstanding liability, the petitioner No.1, through petitioner No.2, i.e. its then Chief Manager, instituted a complaint under Section 138 of the N