GULJARI LAL Vs. KOTAK MAHINDRA BANK

JUDGEMENT

(1.) The prayer in the present petition under Sec. 482 Cr.P.C. is for quashing of the Complaint No.NACT/18437 of 2018 dtd. 29/9/2018 (Annexure P-1) under Sec. 138 of the Negotiable Instruments Act, 1881, the order of summoning dtd. 1/10/2018 (Annexure P-2) passed by the Judicial Magistrate, 1st Class, Chandigarh, the order in revision dtd. 5/9/2019 (Annexure P-3) passed by the Additional Sessions Judge, Chandigarh and all subsequent proceedings arising therefrom.

(2.) The brief facts of the case as emanating from the pleadings are that a complaint under Sec. 138 read with Sec. 142 of the Negotiable Instruments Act was filed by the respondent-Bank with the allegations that M/s Shri Hari Agro through its Proprietor Ms. Monika Goyal (borrower) had been granted a credit facility against collateral security as well as a personal guarantee of the guarantors including the petitioner-Guljari Lal. The respondent-Bank had sanctioned a credit facility amounting to Rs.1.00 crore. Since the borrower defaulted in repayment of the credit facilities granted and renewed from time to time, the Bank made a demand of the amount due and all the credit facilities were recalled from the borrower as well as other guarantors including the petitioner. The petitioner issued a cheque No.006805 dtd. 16/7/2018 drawn on the State Bank of Bikaner and Jaipur, Hissar for an amount of Rs.50.00 lakhs in discharge of the legal liabilities towards partpayment of the total amount due in all the credit facilities. On presentation, the cheque was dishonoured with the remarks 'Funds Insufficient'. Pursuant to the dishonour of the cheque, notice was issued and ultimately, a Complaint No.NACT/18437 of 2018 dtd. 29/9/2018 (Annexure P-1) under Sec. 138 read with Sec. 142 of the Negotiable Instruments Act, 1881 came to be filed. Based on the complaint, the petitioner came to be summoned vide order dtd. 1/10/2018. The copy of the said order is annexed as Annexure P-2 to the petition. Pursuant to the issuance of the summoning order, the petitioner preferred a Criminal Revision before the Court of the Additional Sessions Judge, Chandigarh and the same came to be dismissed vide order dtd. 5/9/2019 (Annexure P-3). The present petition has been filed for quashing of the aforementioned Complaint No.NACT/18437 of 2018 dtd. 29/9/2018 (Annexure P-1), summoning order dtd. 1/10/2018 (Annexure P-2) and the order in revision dtd. 5/9/2019 (Annexure P-3) and subsequent proceedings arising therefrom.

(3.) When this matter had come up for hearing for the first time on 23/10/2019, the contention of the petitioner was recorded and the following order was passed:-