ARVIND KUMAR Vs. PUNJAB NATIONAL BANK

JUDGEMENT

(1.) This is an application under Section 482 of Cr.P.C. for the quashment of complaint case No.533/2008 registered under Section 138 of Negotiable Instruments Act, 1881 (in short "Act of 1881") against the applicant filed on behalf of respondent Punjab National Bank Branch Hoshangabad (hereinafter referred to as "Bank").

(2.) Indeed the respondent-Bank filed a complaint under Section 138 of the Act of 1881 against the applicant arraying him as an accused with an averment that he took a loan of Rs.5.50 lac on 07.10.2002 and was obliged to deposit monthly installments which he failed to deposit. On 14.02.2008 the applicant-accused issued a cheque in favour of Bank worth Rs.3.50 lac but the same was dishonoured on account of want of funds. Eventually a notice under Section 138 of the Act of 1881 was sent by the Bank on 18.02.2008 to the accused-applicant making demand of the debt. Despite the said notice was received by the accused-applicant, he failed to deposit the requisite payment. Hence, the complaint has been filed.

(3.) Learned Judicial Magistrate, First Class, Hoshangabad registered the case and issued summons to the applicant. Hence, this application under Section 482 of CrPC has been filed for quashment of complaint case.