T.K. KRISHNAMURTHY AND OTHERS Vs. S. GAJAPATHY

JUDGEMENT

(1.) Heard Mr. S.Prabhakaran, learned Senior counsel for the petitioners and Mr. S.Gajapathy for the respondent who appeared as party-in-person.

(2.) The brief facts of the case is that the de facto complainant's wife, Mrs.Geetha Gajapathy is an employee of Bank of India. Both the de facto complainant and his wife are joint account holders of S.B. A/c. No. 8595 with Bank of India, Adyar Branch, Chennai. The complainant's wife also holds an Over Draft Account No. 10233 in the same bank with a sanctioned over due limit of Rs. 2,35,000/- and the respondent herein is the guarantor for the said Over Draft Account. On 31.03.2005, the respondent's wife had credit balance of Rs. 2118.69 in the Over Draft Account. On 01.04.2005, one Mr. Muruganandam, Senior Manager, Bank of India had informed de facto complainant's wife that on 31.03.2005, the officer in-charge of advances had withdrawn a sum of Rs. 2,35,000/- including credit balance of Rs. 2118.69 from the Over Draft Account and deposited the same into her joint saving bank account bearing No. 8559. However on 004.2005, the said sum of Rs. 2,35,000/- was again withdrawn from the saving bank account and redeposited into the Over Draft Account together with a sum of Rs. 138/- as interest to the Over Draft Account. Since the withdrawal was done without any valid instrument, the de facto complainant has preferred a complaint before the J2 Police Station, Adyar (Crimes), on 31.01.2006 after lapse of nine months alleging breach of contract. Since the police complaint came to be closed, the respondent herein had filed a private complaint against the petitioner and other officers of the branch for the offences under Sections 408, 409, 120-B, 116, 465, 467 IPC. Challenging the same, the present petition has been filed.

(3.) It is not in dispute that the officer-in-charge of advances has withdrawn a sum of Rs. 2,35,000/- from the Over Draft Account of the defacto complainant's wife and redeposited the same in her saving bank account. The learned Senior counsel for the petitioners, by relying upon the letter dated 19.12.2005 from the Zonal Manager, Bank of India, submitted that the bank had admitted about the wrong withdrawal and therefore had redeposited the amount back to the OD Account and had further informed the respondent that they have already taken action against the erring staff. The respondent was further informed in the same letter that the bank has debited a sum of Rs. 138/- to the Over Draft Account as interest and had expressed their apology for the inconvenience. However, not being satisfied with the reply of the concerned Zonal Manager, the respondent has filed the present complaint.