- (1.) The present writ petition has been preferred mainly for the reasons that the petitioner was never issued any cheque book, but, from her bank account a sum of Rs. 1,34,000/- has been taken away by somebody else and the respondent-Bank is in connivance with such type of withdrawal of money and therefore, the respondent-Bank must return Rs. 1,34,000/-, which has been withdrawn from the bank account of the petitioner bearing Savings Bank Account No. 53718 with the respondent-bank.
(2.) It is submitted by the learned counsel for the petitioner that as stated in paragraph No. 8 of the writ petition, no cheque book was issued to the petitioner and, therefore, no question whatsoever arises of withdrawal of any amount through cheque. The respondent-Bank has not appreciated the fact that if any amount is to be withdrawn through cheque, cheque book must have been issued to the petitioner and, therefore, the amount of Rs. 1,34,000/-, which has been withdrawn through different cheques, should be returned to the petitioner with interest.
(3.) Learned counsel for the respondents submitted that the present petitioner was issued a cheque book having cheque Nos. 360051 to 360060 and out of these ten cheques, several cheques were used by the petitioner and under her signature, several amounts have been withdrawn from her Savings Account Unnecessarily, the petitioner is insisting that no cheque book was ever issued to her and without her signature, the money was withdrawn. In fact, the respondent-Bank has filed a First Information Report and similarly, the petitioner had also filed a complaint case, in which handwriting expert's opinion was also taken with regard to the signature upon the cheque and it was found out that all the signatures belong to, the petitioner. Thus, all the cheques, which were utilized out of the aforesaid cheque book, were signed by the petitioner and the amounts were withdrawn by her and, therefore, a summary report was filed by the police upon completion of investigation under Section 169 of the Code of Criminal Procedure and upon this summary report, filed by the police, opportunity of hearing was given to the complainant i.e. the petitioner. Never any objection was filed by the petitioner about the correctness of investigation at the hands of the police. This, both the criminal matters were brought to an end, upon the report filed by the police.;