ORIENTAL BANK OF COMMERCE Vs. LATA RANI

JUDGEMENT

(1.) BY present petition, the petitioner has assailed summoning Order dated 06.03.2009 passed by the Ld. ACMM whereby the petitioner was summoned to face trial for offence under Section 406 IPC.

(2.) BRIEF facts relevant for the purpose of deciding this petition are that the complainant was having a Saving Bank Account with petitioner bank (Shadhara Branch) no. 12248. Another company M/s. Vasudha Courier was having Current Account bearing same number i.e. 12248 with the same branch. M/s Vasudha Courier deposited cash of Rs. 1500/- in its current account on 30.11.2002. By a clerical mistake, this amount was shown deposited by the bank in saving bank account no. 12248. Again on 18.12.2002 a sum of Rs.1500/- was deposited by M/s Vasudha Courier in their current account but that was also credited in the saving bank account of respondent. M/s Vasudha Courier who was having current account of the same number wrote a letter to the bank accompanied by two counterfoils of the pay-in slips and enquired as to why entries had not been made about these deposits in the current account.

(3.) PERUSAL of complaint of the complainant makes it clear that the entire dispute between the complainant and the bank was in respect of the reversal of entries and charges deducted by the bank in respect of non operation of the account. These charges were also deducted as per rules.