K K SOOD Vs. UNION TERRITORY AND ANOTHER

JUDGEMENT

(1.) This petition under Section 482 Cr.P.C. seeks quashing of FIR Annexure P-1, registered at Police Station, West, Chandigarh on 31.1.1995; the order 17.10.2000, Annexure P-5, rejecting the application for discharge and Annexure P-6 framing of charges against the petitioner.

(2.) The facts may be briefly noticed.

(3.) The petitioner is a Reader in the Department of Correspondent Courses, Panjab University, Chandigarh. He has a saving bank account No. 15149 and current account No 1627 with the State Bank of India, Sector-14, and Chandigarh (hereinafter referred to as the 'bank'. The petitioner is holding the account in the bank for the past over 20 years. On 25.8.1994, the petitioner presented a cheque No. 67662 dated 25.8.1995 for a sum of US Dollar 8300 drawn on bank of Nova Scotia-44 King Street West Toronto Ontario (Canada), for payment. He requested the bank to purchase the cheque as a DD transaction. The bank did not agree. The bank, however, agreed to make a book entry in his saving bank account for the equivalent amount in rupees. Even this entry was made on the condition that the payment out of the cheque amount would be made only after the cheque is collected. While doing so, the bank charged a service charge of Rs. 2983/-. On 15.9.1994 the petitioner came to know about the service charge. He immediately objected to the bank and asked for the return of the cheque as the same has not even been sent for collection. After discussion, the cheque was agreed to be deposited in a fixed deposit. The amount was converted into fixed deposit on 19.9.1994. The bank marked a lien on the amount represented by the FDR. It was made clear that no transaction would be made in regard to this amount unless the cheque was cleared. On 15.10.1994, the petitioner made an application for increase in line of credit in his current account by 75% of the fixed deposit. The Bank accepted the same on 19/21.10.1994. Thus, the matter was under consideration of the bank for a period of six days. Earlier lien on the fixed deposit in the fixed deposit register was cancelled and a new lien was marked in the register on the basis of new line of credit. The petitioner was in need of money which was to be sent to his son, who was undergoing higher education in U.K. On the basis of over-draft facility, the petitioner was entitled to withdraw a sum of Rs. 1,95,000/-. The petitioner required only a sum of Rs. 1,75,000/-. He withdrew only that amount. This amount was withdrawn on 21.10.1994. The cheque in the sum of US Dollars 8300 was sent to the petitioner by Rakesh Sood, his brother, who is settled in U.S.A. The petitioner, therefore, held a bona fide belief that the cheque will be honoured. However, the cheque was received back by the Bank with the objection "invalid account". The bank issued a notice to the petitioner on 22.10.1994 informing him about the objection raised by the bank in Nova Scotia.