R PUSHPARAJ Vs. ICICI BANK LTD

JUDGEMENT

(1.) THE petitioner is an accused in a private complaint to c.C.No.10762 of 2005, on the file of the III Metropolitan Magistrate Court, filed by the respondent herein under Section 200 Cr.P.C., for offence under Sections 420 and 406 IPC. THE petitioner is seeking to quash the proceedings pending against him, on the ground that there is no criminal liability against him and it is a case of civil nature.

(2.) THE complainant is ICICI Bank Limited, represented by its Officer. THE complaint against the accused/petitioner is that as he had approached the complainant Bank for a personal loan, a loan amount of Rs.1,00,000/- was sanctioned after entering into an agreement through which the accused agreed to repay the loan in 48 equal monthly instalments of Rs.3,261/-. THE accused delivered to the complainant filled cheques assuring that the aforesaid filled cheques shall be honoured by the bankers. THE complainant also disbursed the personal loan to the accused on 17.08.2004. It is alleged in the complaint that the cheque was issued for the repayment, but that has been dishonoured and a principal amount of Rs.38,882/- excluding the bounce charges and interest agreed by the accused is pending. It is further alleged in the complaint that the accused had become a chronic defaulter in payment and also violated the agreement made. It is further stated in the complaint that the accused is not a trustworthy person and cheated the complainant to the tune of Rs.38,882/-.

(3.) THE learned-counsel appearing for the respondent was heard with regard to the contentions raised by the other side. THE learned counsel appearing for the respondent submitted that it is made clear in the complaint, that the accused had become a chronic defaulter in payment, after agreeing to repay the personal loan and also after giving assurance that the cheques given by him shall be honoured by the bankers, the cheques have been dishonoured. Having promised, he has not fulfilled the promise. THE learned counsel appearing for the respondent also drew the attention to the notice of this Court to the illustration (f) given under Section 415 of IPC, which reads as follows: "412. Cheating:- Whoever, by deceiving any person, fraudulently for dishonestly the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to "cheat". Illustration (f): "A", intentionally deceives "Z" into a belief that "A" means to repay any money that "Z" may lend to him and thereby dishonestly induces "Z" to lend him money, "A" not intending to repay. "A" cheats."