JAMNA BAI AND OTHERS Vs. UCO BANK

JUDGEMENT

(1.) The applicants have filed this petition against the respondent under Section 482 of the Code of Criminal Procedure, 1973 for invoking the inherent powers against the respondent who is bank represented through Branch Manager, being aggrieved by the complaint filed by respondent against the applicants under Section 138 of Negotiable Instruments Act registered as Criminal Complaint Case No.87/2017.

(2.) The facts giving rise to this petition, in short, are that the applicants are running Narayan Swa-Sahayata Samooh. Applicant No.1 was President, applicant No.2 was Secretary and applicant No.3 was Cashier. There are so many members in this Samooh. The applicants submitted an application before the respondent for taking loan. Respondent on 13/01/2010 disbursed the amount of Rs.4,20,000/- with 13% interest to the applicant. There was condition between the bank and applicants that they would deposit monthly installment to pay the loan amount but the applicants failed to deposit the installment regularly. Approximately Rs.5,58,963/- with interest was due for payment. The bank approached the applicants and the applicants for repaying the due loan amount handed over a cheque bearing No.734876 worth Rs.four lakh of their saving bank Account No.14880100002835. When respondent/bank submitted this cheque for realization, the cheque was dishonoured due to insufficient fund, then the respondent/bank sent a statutory legal notice to the applicant but the applicant failed to pay the cheque amount to the bank. Thereafter the bank submitted a complaint for the offence under Section 138 of Negotiable Instruments Act before the JMFC, Narsinghpur.

(3.) The Court of JMFC took cognizance on the said complaint and issued notice to the applicants for their appearance before the Court. The applicants appeared before the Court and learned Court of JMFC initiated proceeding further which is totally abused of process of law and not sustainable in the eye of law, hence this petition has been filed by the applicants on the ground that the applicants are running Narayan SwaSahayata Samooh. The loan was disbursed to the 12 members of the Samooh including the applicants but they do not return the money in time. They only liable to pay the loan amount which fallen their share to the bank. The applicants are not liable to pay the whole amount and prays for quashment of entire criminal proceeding initiated against the applicants.