Bankey Lal Kapoor vs Allahabad Bank Ltd.

Daniels, J.—This is an application for revision against an order of the Sessions Judge of Moradabad refusing to interfere with an order returning certain property to the complainant. The Allahabad Bank Ltd., prosecuted one Gopal Lal, the local Sub-Agent of the Allahabad Bank, who had absconded with about a lac of rupees. It transpired that Gopal Lal had been sending part of the embezzled money to his creditors in payment of his debts. He sent a sum of Rs. 2400 to the applicant Bankey Lal Kapoor in notes under insured cover. The police traced this payment, and the applicant handed the money back to them. At the conclusion of the trial the Court ordered it to be handed over to the complainant under the provisions of Section 517, Criminal P. C, as property in respect of which an offence appeared to have been committed. The present application is filed as a civil revision, but as it is against the order of a criminal Court, if any revision lies at all, it must be u/s 439, Criminal P.C. We think, however, that the order of the Court below is not open to attack in revision. That order is strictly justified by the terms of Section 517, under which the Court below has acted. The Court was satisfied that this was property in respect of which an offence had been committed, and it was property to which the Allahabad Bank claimed to be entitled. We accordingly dismiss the present application. As the application was filed as a civil revision we allow costs to the answering respondent including in this Court fees on the higher scale. At the hearing before us the Allahabad Bank has not been represented.

Sulaiman, J.

I concur. I think we have no power to compel the Allahabad Bank, who has received the money, to refund the amount to the Court or to pay it back to the applicant.