MILIND P PANDIT Vs. BANK OF BARODA PUNE

JUDGEMENT

(1.) - This Criminal Writ Petition is filed by the petitioner/original accused, being aggrieved by the order dated 22nd December, 1993, passed by the Additional sessions Judge, Pune, in Criminal Revision Application No. 934 of 1993, whereby while allowing Criminal Revision application of the accused and setting aside the order of issuance of process, he directed the said complaint to be sent to the Police for investigation under section 202 of the Code of Criminal Procedure, 1973 and kept the matter for passing necessary orders regarding the same, after getting report from the Police.

(2.) FEW facts, which are required to be stated, are as follows :- One Mr. Potnis, who is Senior Manager of the Sadashiv peth Branch of Bank of Baroda, Pune, filed complaint dated nil November, 1993, against the present petitioner/original accused, under sections 406, 420, 504 and 506 of the Indian penal Code. His case was that, the complainant-Bank under a credit Card Scheme, popularly known as BOB Card Scheme, at the request of the petitioner granted BOB Card facility to him. The complainant explained in detail, to the accused, the terms and conditions on which the BOB Card Membership was granted and the accused in token thereof, signed and delivered to the complainant a BOB Card Membership application Form, dated 12th October, 1991. In the said form, declaration was made by the accused that he was not carrying on any business, but that he was serving in a private Limited Company as a Managing Director and that his annual income, out of the said employment, was to the extent of Rs. 1,20,000/- per annum. The accused also authorised the complainant to debit his Savings Account No. 12980 maintained with the complainant Bank, the amount of the bills and/or change slips, statement of expenses incurred and/or raised under and by the use of BOB Card by him, from time to time. The accused/petitioner further undertook that in case of his Savings Account was over-drawn, due to the bills raised under and by the use of BOB Card, the same shall be adjusted or declared within a period of fortnight from the date when the account is over-drawn. The complainant then delivered and issued to the accused/petitioner, the said BOB Card bearing No. 01861040007 in the month of November 1991. It was made expressly clear to the accused/petitioner that the use of the said property of the complainant i. e. BOB Card, would be governed by the terms and conditions of the Membership.

(3.) THE case of the complainant as narrated in the complaint is that the petitioner used the property of the complainant (BOB Card) by purchasing variety of articles, goods and availed various services on several occasions and raised bills and incurred expenses of large amounts. Thus, the Savings Account of the petitioner, being Savings Account no. 12980 was over-drawn to the extent of Rs. 42,400. 70, plus interest due thereon since October, 1993. As there was a total breach of the conditions and terms by the petitioners, the complainant-Bank sent letters/legal notices by R. P. A. D. to the petitioner and called upon him to clear the dues of the complainant. The petitioner, however, did not pay any heed. Therefore, the complainant cancelled the bob Card issued to the petitioner from 27th May, 1993. The petitioner did not surrender the said BOB Card in spite of frequent instructions. When the officers of the complainant-Bank made attempts to meet the petitioner personally at his place and when tried to contact him on telephone, the petitioner deliberately avoided to repay the dues of the complainant. When on 7th October, 1993 officers of the Bank and the complainant himself went personally to contact the petitioner at his place, the petitioner used filthy language and used threatening words. Thereafter, the complainant sent one more legal notice to the petitioner, dated 7th October, 1993 by R. P. A. D. , which was received by the petitioner on the very next day, but that the petitioner gave only evasive reply to the same and did not pay arrears and dues of the bob Card. Hence, the complaint came to be filed being criminal Complaint No. 206 of 1993 in the Court of the judicial Magistrate, First Class, Court No. 4, Pune, who was pleased to issue process against the petitioner, by his order dated 26th October, 1993, for offences punishable under sections 406, 420, 504 and 506 of the Indian Penal code.