ICICI BANK LTD. Vs. KUSUM AGGARWAL

JUDGEMENT

(1.) This order shall dispose of the above noted two petitions as the common questions of law and facts are involved therein. For the facility of reference, the facts are taken from CRM-M-43748-2015.

(2.) The above-noted two petitions have been filed with a prayer for quashing of complaint (Annexure P.3) filed on 3.12.2014 under Section 499/500 IPC and the summoning order dated 11.09.2015 (Annexure P.1).

(3.) In the present case, respondent-Kusum Aggarwal availed loan facility from the bank and on account of non- payment thereof, the bank had instituted a complaint under the provisions of Section 138 of the Negotiable Instruments Act, 1881 (for short 'the Act'). The complaint was instituted through Collection Manager, Shri Dinesh Kumar.