A Delhi court has refused to grant any relief to a person seeking return of Rs 25 lakh allegedly wrongly transferred through Internet banking to a third person's bank account, saying it can't pass any order till "rightful claimant" of the amount is decided.
Holding that investigation into the claim and allegations was still going on, Additional Sessions Judge Pulastya Pramachala dismissed the revision petition saying, "Under the garb of application moved before trial court seeking return of the amount, complainant cannot be allowed to bypass such judicial process because it is still to be decided who is the rightful claimant of the amount."
While dismissing the revision petition filed by one Raj Kishan Singh against the magisterial court order rejecting the claim of the complainant, the judge said, there is no illegality in the order of the trial court and there is no ground for interference.
Observing that no specific law provisions were cited by Singh, the court wondered as under which law provision such directions can be given by the court, for return of amount to him.
It said just because the amount was transferred from the account of company run by the complainant, the court cannot assume that such amount is liable to be returned to him.
"The trial court has to assess the contentions of accused in his defence and a finding is required to be given that whether an offence was committed by the accused by withholding such amount dishonestly and with a criminal intention," it said.
According to the prosecution, Singh, Director of Global Universal Exim Pvt Ltd, had on January 16, 2014 asked his employee Sumit to transfer amount of Rs 25 lakh in the account of one Amit having his account at Axis Bank, Mayur Vihar, Phase-II here, through Internet banking.
However, due to alleged mistake, Sumit transferred the amount of Rs 25 lakh through Internet banking in the account of accused Pankaj.
Seeking direction for transfer of wrongly transferred amount to his bank account, Singh approached the trial court on March 1, 2014, which dismissed his application, saying that investigation was still going on in the case.
Singh also alleged that accused Pankaj had withdrawn Rs 5.8 lakh in conspiracy with other persons and had refused to return the amount to him.
