Gujarat High Court
Baroda City Co-Operative Bank Ltd - ... vs State Of Gujarat & on 3 July, 2015
Author: K.S.Jhaveri
Bench: Ks Jhaveri
R/SCR.A/395/2011 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CRIMINAL APPLICATION NO. 395 of 2011
==========================================================
BARODA CITY CO-OPERATIVE BANK LTD - THRO' JAYANTKUMAR
MOTILA....Applicant(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
==========================================================
Appearance:
MR P P MAJMUDAR, ADVOCATE for the Applicant(s) No. 1
MR SP MAJMUDAR, ADVOCATE for the Applicant(s) No. 1
NOTICE SERVED BY DS for the Respondent(s) No. 2
MS. C.M SHAH ADDL.PUBLIC PROSECUTOR for the Respondent(s) No. 1
==========================================================
CORAM: HONOURABLE MR.JUSTICE KS JHAVERI
Date : 03/07/2015
ORAL ORDER
1. By way of this petition, the petitioner has prayed for the following reliefs :
(A) Your Lordships may be pleased to issue a writ of mandamus or any other appropriate writ, order or directions quashingt and setting aside summons dated 14th February 2011 issued by respondent no. 2.
(B) During the pendency and final disposal of the present petition, your Lordships may be pleased to stay further operation, implementation and execution of summons dated 14th February 2011 issued by respondent no. 2.Page 1 of 4
R/SCR.A/395/2011 ORDER
2. Brief facts are as under :
The petitioner is a cooperative bank engaging in the business of banking. On 14th February 2011 the petitioner bank was issued summons by respondent no. 2 whereby the respondent no. 2 has directed the petitioner bank to bring the gold ornaments which were mortgaged by one Shri Paresh Ganshyambhai Choksi to the bank for the purpose of availing loan. The petitioner Bank being a secured creditor has first charge over the goods. However, it is submitted that if the ornaments are taken away by respondent no. 2 the petitionerBank would be left without any security.
Hence the present petition.
Section 91 of the Code of Criminal Procedure reads as under :
91. Summons to produce document or other thing (1) Whenever any Court or any officer in charge of a police station considers that the production of any documents or other thing is necessary or desirable for the purposes of any investigation, inquiry, trial or other proceeding under this Code by or before such Court or officer, such Court may issue a summons, or suchofficer a written order, to the person in whose possession or power such document or thin is believed to be, requiring him to attend and produce it, or to produce it at the time and place stated in the summons or order.
(2) Any person required under this section Page 2 of 4 R/SCR.A/395/2011 ORDER merely to produce a document or other thing shall be deemed to have complied with the requisition if he causes such document or thing to be produced instead of attending personally to produce the same.
(3) Nothing in this Section shall be deemed
(a) to affect, sections 123 and 124 of the Indian Evidence Act, 1872 or the Banker's Books Evidence Act, 1891
(b) to apply to a letter, postcard, telegram or other document or any parcel or thing in the custody of the postal or telegraph authority.
3. On going through the documents it seems that the ornaments are kept by way of security by one Pareshbhai to the petitioner bank.
4. In view of the matter the gold ornaments were part of stolen property which was purchased by Shri Pareshkumar for which an FIR being C.R NO. I 185 of 2010 was also registered.
In view of the above, Section 91 of Criminal Procedure Code quoted above, the Court has al right to issue summons to the person in whose possession or power, such document is believed to be requiring him to attend and produce it, or to produce it, at the time and place stated in the summons or order.
5. In my opinion, the summons issued are just and proper.
Page 3 of 4R/SCR.A/395/2011 ORDER No interference is called for. This petition being devoid of merits and stands dismissed.
(K.S.JHAVERI, J.) mary Page 4 of 4