VINOD AGNIHOTRI Vs. CITI BANK N A

JUDGEMENT

(1.) The petitioners, who are the accused Nos. 1 and 2 in CC No. 8180/1997 on the file of the Court of the IV Add. C.M.M., Bangalore have filed this petition under Section 482 Cr.P.C., seeking for quashing the above proceedings registered against them for the offences under Sections 406 and 420 IPC read with Section 34 IPC.

(2.) The respondent-City Bank filed a complaint through its Power of Attorney holder alleging that the petitioners have obtained 11 Credit Cards in their respective names and they have drawn amounts in excess to the limits specified in the Credit Cards and did not make good the said money within the due date to their respective accounts nor they made available the minimum amounts payable and thereby, committed the offences under Sections 406 and 420 IPC.

(3.) The learned Magistrate after recording the sworn statement of the complainant and considering the averments made in the complaint as well as the allegations made in the sworn statement of the complainant came to the conclusion that there are sufficient grounds to proceed against the petitioners for the offences under Sections 406 and 420 of IPC read with Section 34 of IPC and registered the case for the said offences and ordered for issue of process against them. The petitioners challenged the said order passed by the learned Magistrate dated 8-9-1997 in the present proceedings.