SANJAY KUMAR BASOYA Vs. CANARA BANK

JUDGEMENT

(1.) Instant revision petitions are preferred by the petitioner, i.e. Sanjay Kumar Basoya, under Sections 397/401 Cr.P.C. read with Section 482 Cr.P.C., 1973 for setting aside the separate impugned judgments dated 28.03.2017 passed by the learned Special Judge, NDPS-02(Central), Tis Hazari Courts, Delhi in criminal appeals Nos., i.e. 24/2017, 23/2017 and 25/2017, conviction judgment dated 26.11.2016 passed by the learned Metropolitan Magistrate-03, NI Act, Tis Hazari Courts, Delhi in CC. Nos., i.e. 535341/16, 535338/16 and 535342/16, and order on sentence dated 20.02.2017 passed by the learned Metropolitan Magistrate-03, NI Act, Tis Hazari Courts, Delhi in CC. Nos., i.e. 535341/16, 535338/16 and 535342/16.

(2.) The brief facts as alleged in the complaints filed under section 138 of the Negotiable Instruments Act, 1881 by the respondent/complainant-Bank are that the petitioner had availed the OCC/OD limit of Rs. 50,00,000/- (Rupees Fifty Lakhs Only) from the respondent/complainant-Bank since the year 2005. It is further alleged that the petitioner failed to adhere to the financial disciple and the loan were classified as NPA. Thereafter, the petitioner approached the respondent/complainant-Bank for settlement vide letters dated 09.03.2007 and 28.05.2007 and had issued certain cheques for repayment of the outstanding dues. The said cheques on presentation got dishonoured with remarks "insufficient funds" and the details of the said cheques are reproduced as under:- <FRM>JUDGEMENT_167_LAWS(DLH)7_2017.html</FRM>

(3.) It is further alleged in the complaints under section 138 NI Act that the respondent/complainant-Bank issued legal notices upon the petitioner demanding therein the payment of the said cheque amounts within 15 days from the receipt of the legal notices but the petitioner failed to make the payment of the cheque amounts in question to the respondent/complainant-Bank. Consequently, the respondent/complainant-Bank filed separate complaint cases under section 138 of NI Act before the Court of Chief Metropolitan Magistrate, Delhi against the petitioner.