PATNA, India, Feb. 28 -- Patna High Court issued the following judgment on Jan. 29:

1. This Letters Patent Appeal has been filed by the appellant Chandra Bhushan Pathak challenging the order dated 24.01.2025 passed by the learned Single Judge in C.W.J.C. No. 4259 of 2024. The writ petition was filed by the appellant seeking for the following relief(s):-

"For issuance of an appropriate writ, order or direction to the respondents for making payment of Rs.99847/- (Ninety nine thousand eight hundred and forty seven rupees) along with interest since March 1987 deposited by the petitioner in Dhan Vridhi Scheme by issuing an appropriate writ, order or direction to the respondent."

The relevant grounds taken in the writ petition are as follows:-

"(I) Whether the respondents are legally bound to pay the amount to the tune of Rs.99,847/- to the petitioner along with interest since March 1987 deposited by him in Dhan Vridhi Scheme?

(II) Whether there is deficiency in service on the part of the respondent in not paying the aforesaid amount to the petitioner in spite of all his best efforts?

(III) Whether the action of the respondent is arbitrary, illegal and mala fide in the eye of law.

(IV) Whether the constitutional right of the petitioner enshrined in the Constitution of India can be taken away by the arbitrary and illegal action of the respondents?

(V) Whether the petitioner is entitled to get payment of Rs.99847/- alongwith interest since March 1987?"

2. Counter affidavit has been filed by the respondentBank wherein it is stated as follows:-

"9. That it is pertinent to mention here that once a Financial Institution or the Bank issued a Banker's Cheque for an amount by which the Financial Institution or the Bank is bound to keep that amount of issued Banker's Cheque in a secure account. Once the corresponding amount is been sent to keep in the Secure Account, the Financial Institution or the Bank could not earn any kind of benefit/profit in any manner on the corresponding amount of the Cheque since it has to be called as reserved account since it has limited territorial access. From the Annexure-1, it is apparent that the validity of the Banker's Cheque is mentioned as only for three months. The petitioner is required to get the Cheque revalidate by placing the original Stale-dated Banker's Cheque before the concerned Branch/Authority and then place for clearance of the same only. The Bank would be liable to pay the amount which has been mentioned in the Stale-dated Cheque. Since it requires its revalidation and other process to credit the payment, thereafter, the payment of the mentioned amount of the said cheque will be made.

11. That it is relevant to state that as per Rule-2 of the Banking Companies (Period of Preservation of Records) Rules, 1985, the Banking Company shall preserve, in good order, its books, accounts and other documents mentioned below, relating to a period of not less than five years immediately, preceding the current calendar year.

Ledger and Registers;

(1) Cheque Books Registers

(2) Delivery Order Registers

*Rest of the document can be viewed at: (https://patnahighcourt.gov.in/viewjudgment/MyMxODgjMjAyNSMxI04=-HNxm9ry5Gyw=)

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