NEERA VIRA Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) LEARNED counsel for the petitioner states that the petitioner-Ms. Neera Vira will file a civil suit/appropriate proceedings for recovery of rs. 1,29,374/- and damages, and he confines his arguments to prayers (a)and (b) in the writ petition. Prayers (a) and (b) in the writ petition reads as under:-

(2.) THE petitioner has a saving bank account with the respondent-State bank of India, South Extension, Part-II, New Delhi. It appears that the tehsildar, Defence Colony had to recover some payments under the Land revenue Act pursuant to an award passed by the Labour Court and had approached the petitioner. It is stated that on 15th September, 2007 the tehsildar obtained cheque No. 470092 of Rs. 1,29,374/- in favour of one mr. Lakhan Singh. The cheque as per the petitioner was post dated 20th september, 2007.

(3.) ON 18th September, 2007, the petitioner wrote a letter to the Branch manager, State Bank of India, South Extension, Part-II, New Delhi to stop payment of the said cheque No. 470092. By acknowledgment dated 19th september, 2007, the petitioner was informed that on instructions, the bank had noted stop payment instruction and had deducted Rs. 110/- as service charges. The pass book placed on record shows that Rs. 110/- was in fact deducted from the account of the petitioner.