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Judgment
S.G. Shah, J.—Heard learned advocate Ms. Archana R. Acharya for the applicant, learned advocate Mr. Dilip Kanojia for respondent nos. 1 and 2 and Ms. Jirga Jhaveri, Ld. APP for respondent no. 3. Only short issue is to be decided in the matter i.e. th reference to the name of the original complainant, which is being changed from "Shree Deesa Nagrik Sahkari Bank Ltd." to "Adarsh Cooperative Bank Ltd." There is no controversy so far as the main dispute between the parties is concerned inasmuch as there is a complaint filed by Shree Deesa Nagrik Sahkari Bank Ltd., u/s 138 of the Negotiable Instruments Act against present respondent nos. 1 and 2. Such complaint was filed on 16/9/2003, which is being treated as Criminal Case No. 3522/2003 by the Judicial Magistrate First Class, Deesa. It seems that pending this complaint, the name of the complainant i.e. Shree Deesa Nagrik Sahkari Bank Ltd., has been firstly changed to Madhav Nagrik Sahkari Bank Ltd., since Shree Deesa Nagrik Sahkari Bank Ltd., has been merged with Madhav Nagrik Sahkari Bank Ltd., Sirohi [Rajasthan]. This fact is confirmed before the trial Court in form of document mark 3/1, namely certificate issued by Madhav Nagrik Sahkari Bank Ltd., dated 27/4/2009, which is endorsed by Managers of both the banks disclosing that because of merger of Shree Deesa Nagrik Sahkari Bank Ltd., with Madhav Nagrik Sahkari Bank Ltd., with effect from 27/4/2009, henceforth all branches of Shree Deesa Nagrik Sahkari Bank Ltd., will be known and function as branches of Madhav Nagrik Sahkari Bank Ltd. Such merger is confirmed and approved by the Registrar of Cooperative Societies, Government of Gujarat, vide his order dated 23/4/2009. Thereafter, the said Madhav Nagrik Sahkari Bank Ltd., a society registered under the Multi-State Cooperative Societies Act, 2002, has changed its name to "Adarsh Cooperative Bank Ltd." and registered u/s 11 of the Multi State Cooperative Societies Act, 2002 read with Rule 10 of the Multi State Cooperative Societies Rules, 2002. Such fact is confirmed by the Joint Secretary to the Government of India and Central Registrar of Cooperative Societies, Office of the Department of Agriculture & Cooperation, vide its certificate of registration dated 19/2/2009, copy of which was also produced before the trial Court at mark 12/3. Copies of above referred three documents are on record of the petition at Annexures-C, D and E respectively.
It appears that because of change in the name of the complainant-Shree Deesa Nagrik Sahkari Bank Ltd., filed application before the trial Court requesting to make necessary change in the name of the complainant from Shree Deesa Nagrik Sahkari Bank Ltd., to Adarsh Cooperative Bank Ltd. Ld. Addl. Chief Magistrate, Deesa has vide his order dated 20/7/2011 allowed such application relying upon the documents produced on record of the case at mark 12/1 to 12/3.
Unfortunately, present respondent nos. 1 and 2 moved the Ld. Sessions Court by filing Criminal Revision Application No. 74/2011, challenging the order of the trial Court dated 20/7/2011, which is allowed vide judgment and order dated 18/12/2012 and thereby the order dated 20/7/2011 passed by the trial Court was set aside.
The applicant Shree Deesa Nagrik Sahkari Bank Ltd., has challenged such order by preferring the present revision application wherein notice was issued in January, 2013 with an order of stay of further proceedings before the trial Court and thereby the proceedings before the trial Court, which is pending since last more than one decade, is stayed. After service of rule in April 2013, though the respondent nos. 1 and 2 were served and were represented by learned advocate Mr. Dilip Kanojia, since they were not present, the Court has no option but to issue RULE and hence the matter is listed before this Court for final hearing.
Heard Ms. Archana Acharya, Ld. Advocate for the applicant. On 10/6/2013 the learned advocate for contesting respondent nos. 1 and 2 was also not present and hence the matter is listed today for hearing the submissions of the respondent nos. 1 and 2 since they were not present on 10/6/2013. They are also not present today. However, they have filed affidavit-in-reply on record in April 2013.
On perusal of the said reply, it has been clear that it is quite formal in nature inasmuch as that though disclosure for change of name of the complainant, as described hereinabove, is very well produced on record by appropriate documents, Ld. Sessions Judge as well as the respondents have taken a stand that since there is no proof on record regarding change in the name of the bank, no change can be permitted. Considering the documents at Annexures-C, D and E and the order passed by the trial Court, it is clear and certain that practically Shree Deesa Nagrik Sahkari Bank Ltd., has been merged with Madhav Nagrik Sahkari Bank Ltd., and such Madhav Nagrik Sahkari Bank Ltd., has thereafter changed its name to "Adarsh Cooperative Bank Ltd." Such change is approved and recorded by the competent authority, which is proved on record by way of documents produced at Annexures-C, D & E. Such change is in accordance with law and confirmed by the competent authority. Therefore, there is no reason to deny the complainant to change its name in the proceedings pending before the trial Court from Shree Deesa Nagrik Sahkari Bank Ltd., to Adarsh Cooperative Bank Ltd. Only because the complainant has initially not prayed to change its name from Shree Deesa Nagrik Sahkari Bank Ltd., to Madhav Nagrik Sahkari Bank Ltd., it cannot be said that Shree Deesa Nagrik Sahkari Bank Ltd., is not converted into Adarsh Cooperative Bank Ltd. In view of the above facts and circumstances of the case, Revision Application is allowed, as prayed for. The applicant is permitted to amend the cause title from "Shree Deesa Nagrik Sahkari Bank Ltd." to "Adarsh Cooperative Bank Ltd." Trial Court has to proceed further to complete the trial in accordance with law after permitting the complainant to change/amend the name of the complainant.
Rule is made absolute to that extent.