2020 (10) TMI 112

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....mplaint against the petitioner with the allegations that the petitioner maintained S.B. Account bearing No.40280101000996 with their bank since 2000 and on his request, VISA Credit Card facility was extended to him and he availed VISA Credit Card facility through that account. The petitioner fell due of Rs. 1,14,930/- as on 15.05.2012 in the course of availing services of the Credit Card. Further, the petitioner was having a locker bearing No.8 in the complainant bank. He also fell due of Rs. 8081/- towards locker rent. Thus, the petitioner was liable to pay a total sum of Rs. 1,23,011/- to the respondent/bank as on 15.05.2012. (a) While so, after making several demands, the respondent issued legal notice dated 05.03.2012. Thereaft....

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....ri Constructions in favour of the petitioner in his individual capacity drawn on ICICI Bank for Rs. 5000/-. Learned counsel would vehemently argue that thus the cheque was issued in favour of the petitioner himself and it was not issued in favour of the respondent/complainant-bank. Neither the bank is holder in due course of the said cheque, of course the said cheque was issued on behalf of the drawer M/s. Sri Constructions in favour of the petitioner to be credited in his S.B. Account No. 40280101000996 maintained with the respondent/bank. On that ground alone, the respondent/bank, who is neither a payee nor the holder in due course of the cheque, can file the complaint against the petitioner against bouncing back of the cheque. Therefore,....

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....the respondent/bank can maintain the complainant against the petitioner as it is the holder in due course of the disputed cheque. The petitioner cannot repudiate its criminal liability for having not maintained sufficient funds in the accounts of M/s. Sri Constructions. Learned counsel would further argue that since all these aspects need to be decided only after a full fledged trial, the petition may be dismissed and parties may be directed to proceed with the trial. 7. I find considerable force in the submission of learned counsel for respondent. It is no doubt that the subject cheque was issued by the petitioner himself as an authorized signatory of M/s.Sri Constructions in favour of the petitioner himself, of course to his S.B. Accou....