Axix Bank Ltd v. Alok Prakash Pandey

ORDER %

08.07.2013 CrL MC 2840/2011 L In February 2011, tlie petitioner Bank instituted r? complaints under Section 138 of the Negotiable Instruments Act, 1,881 in respect of the dishonour of cheques issued by the borrowers who had.taken the loan from the Banlc. The complaints • were listed on 26"' February, 2011 when the learned Magistrate I fixed the complaints for recording of pre-summoningevidence on 5"^ April,2011.

¶2On 5"' April, 2011, the petitioner sought time for pre-summoning evidencewhereuponthe learned Magistrate fixed the cases for 3'^' May, 2011 and directedthe ChiefManager/Regional Manager of the petitionerBanlcto remainpresent in Court,

¶3On 3'"'' May, 2011, the ChiefManagerwas not able to attend . the Court as his wife was suffering from jaundice whereupon the learned Magistrate imposed cost of Rs.800/- per case and adjournedthe casesto 7^'^ June, 2011.

¶4On June, 2011, the Chief Manager of the petitioner Bank attended the Court but the learned Magistrate was not satisfied with the power of attorney of the petitioner banlc in favour of the authorized representative of the Bank whereupon the learned Magistrate imposed further cost of Rs.1,500/- per case. The learned Magistrate further directed the copy of the order to be sent to the Chairman and Managing Director of the Petitioner Bank with a request to direct the concerned officers to prosecute the case diligently and a further direction that the copy of the action taken by the office of the Chairman.be sent to the Court.

¶5Aggrieved against the imposition of cost and passing of adverse remarks, the petitioner challenged the orders dated 3''^ May, 2011 and 7^^ June, 2011 beforethis Court on the groundthat the learned Magistrate had to consider at the stage of pre-summoning evidence as to whether the case has been made out for issuance of the summons to the accused and the learned Magistrate acted in excess of his jurisdiction by directing the presence of the Chief Manager as well as passing a direction that the Banlcwas not pursuing the matter diligently and it must be brought to the notice of the Chairman who should file the action taken report before the Magistrate.

¶6On 19^^ July, 2011, the petitionersought an adjournmenton the ground that the petitioner has filed the petitions before this Court whereupon the learned Magistrate imposed further cost of Rs.2,900/- in each case.

¶7Vide order dated 30"' August, 2011,.this Court stayed the proceedings of the learned Trial Court. Vide order dated 3''^ August, 2011, this Courtmodifiedthe said order and permittedthe learned Trial Court to proceed further in the matters but no final order be passed. Vide order dated 19"' October,2012, this Court directedthe learnedMagistratenotto insist,on the paymentof cost and the submissionof the actiontaken'report.

¶8On 19'^' January, 2013, the learned Magistraterecalledthe orders dated 3'^ May, 2011 and 7"' June, 2011 with respectto the cost imposed and the action taken report upon statementof the petitionerthatthey would.withdrawthepetitionsbeforethis Court.

¶9Learnedcounsel for the petitionerhas placed on record the copy of the order dated 19"' January, 201.3 and the statements recorded by the learned Magistrate.

¶10These petitions have become infructuous in view of the recall ofthe orders dated 3''^ May, 2011 and f' June, 2011 by the learned Magistrate on 19"' January, 2013. The petitions are, therefore,disposedofas infructuous. However,this court is ofthe view that the learned Magistrate exercised his jurisdictionwith material irregularity in directing the presence of the Chief Manager,directingthe copy to be sentto the Chairmanofthe Baiilc and to call for the actiontaken report and repeatedlyimposingcost on the petitioner. The learnedMagistrateis advisedto be careflilin future.

¶11Copy ofthis orderbesenttothe concernedMagisteate. JUtY 08, 2013 aj/dk J.R. MIDHA, J

*IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C.2840/2011and CrLM.A.No.19196/2'011 AXIS BANKLTD Mr. AmitTyagi and Mr. Anuj Chauhan,Advs. ALOKPRAKASHPANDEY + CRL.M.C. 2841/2011 . AXIS BANKLTD. ••••• Petitioner \r^-' • • Mr. AmitTyagiand Mr. • • • Anuj Chauhan,Advs. PRAVEENKUMARANAND ' •" + •CRL.M.C. 2842/2011 AXIS BANKLTD. Mi". AmitTyagi and Mr. A-nuj Chauhan, Advs. SP SINGH . + CRL.M.C. 2843/2011 Certify that the digital and physical file have been compared and the digital data is as per the physical file and no page is missing. AXIS BANKLTD. Mr. AmitTyagiand Mr. Anuj Chauhan,Advs. . MDNAZIM ! + CRL.M.C. 2844/2011 AXIS BANKLTD. Tlirough; Mr. AmitTyagi imd Mr. Anuj Chauhan,Advs. • fu PRASHANTSHARMA ^ . Through: None. + CRL.M.C. 2845/2011 Through; Mr. AmitTyagi and Mr. PRATEEKSRIVASTAVA .....Respondent + CRL.M.C. 2846/2011. Mr. AmitTyagi and Mr. DHARMENDRA.R.SALIAN + CRL.M.C. 2847/2011 Tlirough: Mr. AmitTyagi andMr. •Anuj Chauhan, Advs. SITA RAM CHAUHAN + CRL.M.C. 2848/2011 Tlirough : DIMPLE PURI Tlirough: + CRL.M.C. 2849/2011 Anuj Chauhan, i^s.dvs. SONU SHARMA + CRL.M.C. 2850/2011 • Througli: SAURABH NAGPAL + CRL.M.C. 2851/2011 PRITHVI RAJ MISHRA + CRL.M.C. 2852/2011 AXIS BANK LTD Through;: AMJAD KHAN + CRL.M.C. 2853/2011 RAVINDER PRATAP SINGH Thi'ough: + CRL.M.C. 2854/2011 , AXIS BANK LTD. ANIL KUMAR TIWARI + CRL.M;C. 2855/2011 ..... Petitioner Tlu'ough : NEERAJ KUMAR ' Tlirough: + CRL.M.C. 2856/2011 ' SUNILKUMARGOEL Respondent' + CRL.M.C. 2857/2011 •••••Petitioner Throiigh: Mr. AmitTyagi and Mr. MRIDULA JAIN Through; + CRL.M.C. 2858/2011 ICAPIL KUMAR ..:.. Respondent Tiirough: + CRL.M.C. 2859/2011 MOHAMMAD ARIF HABIB Through; + CRL.M.C. 2860/2011 Aniij Chauhan, Advs. REKHARANA ' + CRL.M.C. 2861/2011 • AXIS BANKLTD. ' Tlirough: Mr. Amit Tyagi and Mi-. NISHIKANT SHARMA Tlirough: + CRL.M.C. 2862/2011 ANKITARORA ' + CRL.M.C. 2863/2011 'axis bank ltd. Tlirough : JANKI RAM BANSAL Through; + CRLM.C. 2865/2011 Through Anuj Chauhan,Advs. KUMUD MALIK Tlirough: + CRL.M.C. 2866/2011 Through Anuj Chauhan,Advs. RASHID KHAN + CRL.M.C. 2867/2011 Tlirough : SARVESH KUMAR Tln'ough: + CRL.M.C. 2868/2011 VIICAS CHANDRA PANDEY + CRL.M.C. 2869/2011 V CITANDRA SEKHAR NAIDU + CRL.M.C. 2870/2011 NARESH KUMAR CORAM: HON'BLE MR. JUSTICE J.R. MIDHA