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Patna High CourtCWJC/19061/2021disposed

Prakash Chandra Singh v. The State Bank Of India

2022-04-27Mr. Justice Mohit Kumar Shah,Mr. Justice Rajan Gupta2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19061 of 2021 ====================================================== Prakash Chandra Singh S/o Amar Nath Singh R/o Village- Bharwaliya, P.S.- Daudpur, District- Saran.

... ... Petitioner/s

Versus

1.

The State Bank of India through its Chairperson at Mumbai. 2.

The General Manager (Bihar), State Bank of India, Gandhi Maidan Patna. 3.

The Regional Manager, Regional Business Office, Region-3, Sahebganj Chapra, District- Saran.

4.

The Chief Manager, State Bank of India, Chapra Bazar (01220), Sahebganj Chapra, District- Saran.

5.

The Banking Ombudsman, South Gandhi Maidan, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Jha, Advocate For the Respondent/s :

Mr.Sanjiv Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJAN GUPTA and HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJAN GUPTA) 27-04-2022 The petitioner has preferred this writ petition seeking a direction upon the respondents to refund a sum of Rs. 2,50,000/-, which was fraudulently withdrawn through A.T.M. from the account of the petitioner in S.B.I. This withdrawal was in fact made in S.B.I, Chapra Bazar Branch, Sahibganj, Chapra.

The clear cut stand of the Bank is that there is no fault of the Bank in this matter and in case the petitioner has shared his A.T.M. PIN with some other person, the withdrawal may have taken place. In fact the petitioner lodged FIR with the police in

Patna High Court CWJC No.19061 of 2021(3) dt.27-04-2022 2/2 Chapra and investigation is still in progress. Though the petitioner has not made any clear prayer on the question of transfer of the investigation, but we hereby, permit him to make a representation to the D.G.P., Bihar to transfer the investigation to Economic Offences Wing or the Cyber Crime as the case may be. In case, such a representation is made by the petitioner within two weeks from today, the D.G.P., Bihar shall take appropriate decision forthwith.

The writ petition stands disposed off on the aforesaid terms.

(Rajan Gupta, J) (Mohit Kumar Shah, J) S.Sb/- U