YASHWANT SINGH @ YASHWNAT SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The opposite party no. 2 i.e. UCO Bank had filed a complaint bearing complaint case no. 2371(C) of 2011 before the court of learned Judicial Magistrate Ist Class, Patna against the petitioners herein inter alia alleging therein that the petitioners had taken loan and promised to repay the same as per the terms and conditions of sanction of loan to them. A term loan to the tune of Rs. 153 lacs was sanctioned to Tirupati Storage & Pvt. Ltd. and another loan, in which Rs. 59 lacs is outstanding upto 31.03.2010, was sanctioned to petitioner no. 1. It has been further alleged that the petitioners gave three cheques totalling to a sum of Rs. 65 lacs which were dated 15.06.2011, 25.06.2011 and 30.06.2011 respectively and were dishonoured on 23.06.2011, 28.06.2011 and 04.07.2011 respectively. Thereafter, notice was issued on 08.07.2011 to the petitioners herein, however they did not repay the amount of the dishonoured cheques. Since, the notice was received by the petitioners on 17.07.2011 and cause of action arose after 15 days i.e. on 01.08.2011, the complaint case was filed on 02.09.2010 after expiry of 30 days since 30.08.2011, 31.08.2011 and 01.09.2011 were holidays. The learned trial court by an order dated 18.05.2013 has been pleased to issue summons to the petitioners herein, finding a prima facie case to have been made out under Section 406 of Indian Penal Code and Section 138 of Negotiable Instruments Act.

(2.) The aforesaid order dated 18.05.2013 is under challenge in the present proceedings.

(3.) The learned Senior Counsel, by referring to a chart at page no. 6 of the quashing petition, submits that after dishonour of the cheque, the petitioners have already deposited a sum of Rs. 80 lacs approximately, hence have made good the amount of dishonoured cheques as such, no case is made out for the offences punishable under Section 138 of Negotiable Instruments Act. No other argument has been advanced on behalf of the petitioners.