Glimpses of Supreme Court Rulings

18. HDFC Bank Ltd. vs. State of Bihar &Ors.

(2024) 468 ITR 650 (SC)

Prosecution — Order dated 5^th October, 2021 u/s. 132(3) of the IT Act was served upon the Branch Manager of the bank directing the said branch of the bank to stop the operation of any bank lockers, bank — Subsequently, by an order dated 1^st November, 2021, the Branch Manager of the said bank was directed to revoke the restraint put on the bank accounts — On 9^th November, 2021, the concerned branch of the bank allowed Smt. SunitaKhemka (one of the searched person) to operate her bank locker bearing No. 462 on misinterpretation of the order dated 1^st November, 2021 — FIR was registered against Smt. SunitaKhemka and the staff of the bank for the offences punishable u/s. 34, 37, 120B, 201, 207, 217, 406, 409, 420 and 462 of the IPC for breach of the order dated 5^th October, 2021 — Held — FIR did not show that the appellant-bank had induced anyone since inception — Bank being a juristic person, question of mens rea does not arise — There was nothing to show that the bank or its staff members had dishonestly induced someone deceived to deliver any property to any person, and that the mens rea existed at the time of such inducement — As such, the ingredients to attract the offence u/s. 420 IPC