Himachal Pradesh High Court
Ranjeet Singh vs . Himachal Pradesh Gramin Bank on 2 November, 2022
Author: Ajay Mohan Goel
Bench: Ajay Mohan Goel
RAnjeet Singh vs. Himachal Pradesh Gramin Bank .
Cr. Rev. No. 196 of 2022 02.11.2022 Present: Mr. Sanket Sankhyan, Advocate for the petitioner.
Ms. Devyani Sharma, Advocate for the respondent.
When this criminal revision petition was taken up for consideration, learned Counsel for the petitioner submits that one of the grounds on which the petitioner is assailing the judgment passed by learned Trial Court, as affirmed by learned Appellate Court, is that both the learned Courts below have erred in not appreciating that the bank cannot be a complainant, as is envisaged under the provisions of Section 138 of the Negotiable Instruments Act, in case the cheque in issue was not given in the name of the bank.
Ms. Devyani Sharma, learned Counsel for the respondent submits that in one another case, i.e. Cr. Rev. No. 136 of 2022, the grounds which have been taken by the petitioner herein were raised and incidentally, learned Counsel who is representing the petitioner in the present case is also the Counsel for the petitioner therein, which was heard at length by the Hon'ble Coordinate Bench (Hon'ble Mr. Justice Satyen Vaidya, J.) and though a formal judgment has not been pronounced in the matter, yet, after hearing the parties as the Hon'ble Coordinate Bench was not inclined to accept the arguments advanced by the learned ::: Downloaded on - 24/12/2022 09:55:11 :::CIS Counsel, he took time to make time to settle the matter with the .
bank.
In view of what has been stated by learned Counsel for the respondent, this Court is of the considered view that as the Hon'ble Coordinate Bench of this Court has already heard the legal preposition involved in the matter, it will be in the interest of justice, in case, this matter is heard by same Hon'ble Coordinate Bench. In this view of the matter, present petition is ordered to be listed before Hon'ble Coordinate Bench, with prior approval of Hon'ble the Chief Justice.
(Ajay Mohan Goel) Judge November 02, 2022 (narender) ::: Downloaded on - 24/12/2022 09:55:11 :::CIS