POONAM Vs. KOTAK MAHINDRA BANK LTD.

JUDGEMENT

(1.) This is a petition under Section 482 CrPC for quashing the criminal complaint against the petitioner pending in the court of M.M. under Section 138, N.I. Act (hereinafter referred to as 'Act') wherein the petitioner was summoned vide order dated 20.8.2009.

(2.) The complaint was filed against the petitioner under Section 138 of NI Act and in paragraph 2 thereof it was alleged as under:-

(3.) It was also alleged that the accused in order to fulfill the contractual obligation and fulfill the terms and conditions of the agreement and in part payment of legal debt [loan installment and other charges payable in the agreement due to the complainant issued a cheque dated 14.5.2009 for Rs. 3663165/- and the said cheque on presentation was got dishonoured on account of insufficiency of funds.