SADA VIJAY KUMAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard finally.

(2.) In proceedings under Section 138 of the Negotiable Instrument Act process is challenged by the Applicant.

(3.) Applicant had availed financial facilities from Respondents HDFC Bank Rs.1.95 crore on 15 th September, 2006 and Rs.4.45 crore in 2007. Payment schedule was not adhere. Defence is, Bank had assured cash credit facility of Rs.50 crore. Under a letter, addressed by the Applicant to the Bank dated 14 th September, 2008, Applicant had issued five cheques with different quoted amounts. On presentation of said cheques, they were dishonored owing to insufficiency of funds. It was followed by statutory notice and then 5 complaints under Sections 138, 141 of the Negotiable Instrument Act was filed.