HDFC BANK LTD. Vs. BAKLAI SIEJ

JUDGEMENT

(1.) Two similar petitions under Sec. 482 Cr.P.C have been preferred before this Court by the HDFC Bank Ltd. Mawlai Nonglum Branch, Shillong along with the Branch Manager of the said bank and another by the HDFC Bank Ltd. Shillong Branch, Police Bazar, Shillong also along with the Branch Manager of the said bank. The grievance is directed against a common order dtd. 16/12/2020, passed by the Court of the learned Judicial Magistrate First Class, (JMFC) Shillong which is impugned in both the petitions, it is therefore deemed fit and convenient that the two petitions may be taken up together and to be disposed of by this common judgment and order.

(2.) The respondent No. 1 has filed a complaint under Sec. 138 read with Sec. 142 of the Negotiable Instruments Act, 1881 primarily against the respondent No. 2 for an alleged case of cheque bouncing, which cheque for ? 1,00,000/- (Rupees one lakh) only dtd. 27/10/2020 bearing No. 000014 drawn on HDFC Bank, Mawlai Nonglum Branch was issued to him by the respondent No. 2 and on being presented at the bank of petitioner No. 2, in Crl. Petn. No. 18 of 2021 on 27/10/2020, the bank had accordingly transferred the fund to the respondent No. 1's account on 29/10/2020.

(3.) The respondent No.1 had then visited the bank of the respondent No. 2, that is, HDFC Bank, Police Bazar Branch, Shillong, it was found that the said amount of ? 1,00,000/- (Rupees one lakh) only has been reverted back to the bank account of respondent No. 2 herein.