1 2025:CGHC:2696 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 177 of 2025 1 - Punjab National Bank Niharika Branch, District- Korba, C.G. Through Its Authorized Signatory Shri Abhinav Kumar Sakhya, S/o Vijay Kumar Sakhya, Aged About 33 Years, Branch Manager, Punjab National Bank, Niharika Branch, District- Korba, C.G. ... Petitioner(s) versus 1 - Rohit Agrawal S/o Vijay Agrawal Aged About 36 Years R/o Q. No. B-1, S S Green Colony, D D M School Road, Korba, District- Korba, C.G. ... Respondent(s) For Petitioner(s) : Mr. Harshwardhan, Advocate For Respondent(s) : Mr. Neeraj Sharma, Dy. A.G. Hon’ble Shri Justice Arvind Kumar Verma Order on Board 16/01/2025 1. The petitioner has sought the present petition under Section 528 of BNSS, 2023 against the order dated 03.10.2024 passed by the Learned JMFC, Korba, C.G. whereby despite dismissal of 2 Criminal Appeal of the respondent the amount deposited by the respondent is not released in favour of the petitioner on illegal and Hyper Technical grounds. 2. Brief facts of the case are that the petitioner herein is a nationalized bank having its branches all over the country and is a fore runner in the field of banking in the entire country. The respondent herein had availed loan facility of Rs. 28 lakhs towards the vehicle finance from the petitioner bank. In this respect the necessary documents, loan agreement were duly executed between the parties. The respondent had failed to timely repay the said loan and on account of the respondent was declared as Non- Performing Asset (NPA). The respondent finally towards discharge of his loan liability handed over an account payee cheque bearing no. 038747 of Rs. 16,76,325/- dated 03.08.2017 drawn on HDFC Bank Limited, T.P. Nagar, Korba, C.G. The said cheque was presented by the petitioner Bank towards discharge of the loan liability of the respondent and the same was dishonored and returned unpaid by the Bank assigning the reasons of ‘funds insufficient’ and ‘account dormant’ in the account of the respondent herein. After dishonor of the said cheque the petitioner herein pursued his legal remedy against the respondent and has filed a complaint under Section 138 of NI Act, 1881 which was registered as Criminal Case No. 1749/2017 before the learned JMFC, Korba (C.G.). After the trial of the said case the learned JMFC, Korba vide its judgment dated 04.12.2023 punished the 3 respondent with the imprisonment of 6 months and ordered for payment of Rs. 20 lakhs to the petitioner bank. Feeling aggrieved against the judgment the respondent herein preferred an appeal before the learned First District & Sessions Judge, Korba bearing Criminal Appeal no. 06/2024. As per the requirements of law the respondent deposited the amount of Rs. 4 lakhs in the CCD account of the District Court, Korba with receipt No. 3439 dated 12.01.2024 so that the appeal and the application for stay filed by the respondent could be heard by the learned District & Sessions Judge, Korba, C.G. On 20.08.2024 the petitioner herein filed an application for release of the amount deposited by the respondent. On 20.09.2024 the Criminal Appeal filed by the respondent was dismissed by the District & Sessions Judge, Korba and did not pass any order on the application of the petitioner bank even in the final judgment. On 26.09.2024 the petitioner filed an application for release of the said amount before the Learned JMFC, Korba which was rejected by the learned JMFC on 03.10.2024. 3. Learned counsel for the petitioner contended that the petitioner had even approached the Sessions Court by way of its application for release of the said amount however, the same was not entertained and no decisions was passed on the said application. 4. I have heard learned counsel for the petitioner and on the point of law I have heard learned State Counsel. 5. Perusal of record shows that the learned JMFC, Korba (C.G.) in 4 Criminal Case NO. 1749/2017 vide its judgment dated 04.12.2023 punished the respondent herein with the imprisonment of 6 months and ordered for payment of Rs. 20 lakhs to the petitioner bank. After which the respondent preferred an appeal before the First Additional Sessions Judge, Korba bearing CRA No. 06/2024 and deposited Rs. 4 lakhs in the CCD account of the District Court, Korba with receipt No. 3439 dated 12.01.2024. On 20.08.2024, the petitioner herein filed an application for release of the amount deposited by the respondent, i.e. Rs. 4 lakhs. On 26.09.2024 the First Additional Sessions Judge, Korba (C.G.) dismissed the appeal and upheld the judgment of the JMFC, Korba (C.G.) without considering the application dated 20.08.2024 filed by the petitioner bank for release of amount deposited in CCD Account. Therefore, the application of the petitioner bank since not considered by the Appellate Court is deemed to be rejected. The petitioner bank again on 26.09.2024 presented an application for release of the amount deposited in the CCD Account of the District Court which was rejected by the learned JMFC, Korba, C.G. vide its order dated 03.10.2024 asserting that as per Section 148 of the N.I. Act, 1881, the amount deposited under the said provision can be ordered to be given to the complainant only by the Appellate Court. In such a situation, this Court does not have the jurisdiction to order the amount deposited as per the order of the Appellate Court to be given to the complainant. 5 6. This Court finds it appropriate to direct the JMFC, Korba, C.G. to release the amount of Rs. 4 lakhs deposited by the respondent on 12.01.2024 bearing receipt No. 3439 in favour of the petitioner (Punjab National Bank). 7. Accordingly, the order dated 03.10.2024 passed by the learned JMFC, Korba (C.G.) is set-aside and the present petition is disposed off. Sd/- (Arvind Kumar Verma) JUDGE Madhurima