ANNAMMA VARGHESE Vs. CANARA BANK

JUDGEMENT

(1.) The petitioners in these two petitions are husband and wife. Both had accounts with the Canara Bank. They applied for 'Cancard' membership and were given Cancard facility with a floor limit of Rs. 5,000/-. Both petitioners drew amounts availing the cancard facility in excess of the limits. They did not have sufficient funds in their savings bank accounts for adjustments. So, the bank sent notices to them demanding remittance of the amount. It is stated that civil suits have been filed and the suits have already been decreed. The bank also filed complaints against the petitioners before the Judicial Magistrate of the First Class, Changanacherry alleging offences under S.406 and 420 IPC. Those complaints were forwarded to the Changanacherry Police for investigation. Crime No. 667 and 668 of 1994 of Changanacherry Police Station were registered on the basis of the complaints. After investigation, the police filed refer reports in both cases stating that the liability was only of a civil nature and no criminal offence is involved. Thereafter, the bank, through its Senior Manager, Changanacherry Branch has instituted the complaints. They have been taken on file as C.C. Nos. 827 and 828 of 1994 on the file of the Judicial Magistrate of the First Class, Changanacherry. The prayer in these petitions is for quashing the complaints.

(2.) I have heard learned counsel for the petitioners and learned counsel appearing for the bank.

(3.) It is contended for the petitioners that no criminal offence is involved and there is no justification for the complaints.