KANHAIYA GAUR Vs. UNION BANK OF INDIA
LAWS(ALL)-2011-12-290
HIGH COURT OF ALLAHABAD
Decided on December 13,2011

KANHAIYA GAUR Appellant
VERSUS
UNION BANK OF INDIA Respondents

JUDGEMENT

SUDHIR AGARWAL, J. - (1.) HEARD learned counsel for the petitioner and perused the record.
(2.) THIS writ petition is directed against the order of dismissal dated 24.11.2010 passed by respondent no. 3 and appellate order dated 30/31.03.2011 dismissing petitioner's appeal. The petitioner was charged of illegal withdrawal of certain amount from Saving Bank Account No. 1972 of Smt. Radhika Tripathi on various dates ranging from 26.12.2009 to 30.01.2010. It is said that petitioner while admitting said withdrawal subsequently reimbursed entire amount of Rs. 98,000/ - which was illegally withdrawn by him. This confession/admission on the part of petitioner about illegal withdrawal of aforesaid amount has been made basis by respondent no. 3 in passing the impugned order of dismissal.
(3.) LEARNED counsel for the petitioner has nowhere shown these findings perverse or contrary to record. He, however, says that confession could not have been treated to be an admission since it was against the provisions of Indian Evidence Act and was recorded under duress by representing the petitioner that in case he admits and reimbursed the amount, he would be left free.;


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