HAJA Vs. ICICI BANK LTD

JUDGEMENT

(1.) THE petitioner is an accused in a private complaint in C.C.No.10965 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 I.P.C. 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 Complainant against the accused/Petitioner is that as he had approached the complainant Bank for a personal loan, a loan amount of Rs.80,000/- was sanctioned after entering into an agreement through which the accused agreed to repay the loan in 48 equal monthly instalments of Rs.2609/-. 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 21.3.2003. 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.49,171/-, 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.49,171/-.

(3.) THE learned counsel appearing for the petitioner relied on the decisions reported in. i) Alpic Finance Ltd. v. P. Sadasivam and another (2001) 1 Crimes 293 (SC): (2001)?2 L.W. (Crl.) 676 and; ii) Anil Mahajan v. Bhor Industries Ltd., and Another (2005) 10 SCC 288