THE HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.21976 of 2004 ORDER: This writ petition is filed seeking a mandamus by way of directions to the respondent – Andhra Pradesh Vardhaman (Mahila) Cooperative Urban Bank Limited, Edenbagh Branch, Ramkote, Hyderabad, to pay the fixed deposit amount, which was matured and transferred to his Savings Bank Account No.2577 and allow the petitioner to withdraw the said amount from his account. It is the case of the petitioner that he is an account holder in the respondent bank with S.B. Account No.2577 and he made a fixed deposit in the bank and it was matured on 20.08.2000 and its maturity value is Rs.6,278/-. It is his further case that on his request, the said amount of the fixed deposit was transferred to his S.B. Account and when he issued cheque bearing No.78342, dated 21.08.2000, for Rs.6,000/- in favour of Sri Sanjay Kumar Jawahar, the respondent bank dishonoured the same even though there are sufficient funds. It is also his case that when amounts are there in his S.B. Account, there is no reason or justification for not honouring the cheque issued by him. Counter-affidavit is filed on behalf of the respondent bank. In the counter-affidavit, while denying various allegations made by the petitioner, it is stated that the petitioner was an employee of the respondent bank and while he was working at Mahabubgunj branch, he involved in committing fraud and caused financial loss of Rs.6,26,600/-. On the aforesaid charges, he was dismissed from service on 15.10.1999. It is further stated that the petitioner presented a fixed deposit receipt for Rs.3,712/- with a maturity value of Rs.6,278/- standing in the name of himself and his wife, on its maturity, on 20.08.2000 with a request to credit proceeds of Rs.6,278/- into his S.B. Account No.2577. It is also stated that the respondent bank did not credit proceeds of the FDR to the S.B. Account of the petitioner as it exercised the right of general lien on fixed deposit on account of his involvement in the fraud in clearing the cheques perpetrated at Mahabubgunj branch and in view of the same, when the petitioner issued cheque for Rs.6,000/- on his S.B. Account No.2577, the same was dishonoured with an endorsement ‘insufficient funds’. Although it is the case of the petitioner that on the application of the petitioner, the fixed deposit maturity value of Rs.6,278/- was credited to his S.B. Account, from the counter-affidavit, it is clear that such amount was not credited to the S.B. Account of the petitioner as the respondent bank has exercised the right of general lien on the fixed deposit to adjust the money on account of loss suffered by it on the allegation of fraud in clearing cheques by the petitioner. As no amount is credited to the S.B. Account of the petitioner, I do not find any illegality in dishonouring the cheque issued by the petitioner due to insufficient funds, as such, there is no merit in this writ petition. The writ petition is accordingly dismissed. No order as to costs. _______________________ R.SUBHASH REDDY, J 24th FEBRUARY, 2011. kvni