NAMITA GANWANI Vs. STATE OF DELHI

JUDGEMENT

(1.) VIDE the present petition under Section 482 of the Code of Criminal procedure the petitioners seek quashing of the complaint under Section 138 of the NI Act filed by the respondent No. 2 Citibank and compensation from the respondent No. 2 for having filed the complaint with the sole motive of causing harassment to the petitioners. However at the hearing held on 03. 04. 07 learned counsel for the petitioners restricted claim only to the compensation claimed on account of the harassment of the petitioners by the complainant bank.

(2.) FACTS necessary to dispose of the present petition are that the complainant is a banking institution having its branches all over the country. The branch of the complainant situated at Mumbai gave a loan to ms. Namita Ganwani, petitioner No. 1 and her husband Suresh Ganwani, petitioner No. 2. Both the petitioners are the residents of Mumbai.

(3.) PETITIONER No. 1 issued 12 post-dated cheques in favour of the complainant bank towards part discharge of the afore-said loan.