JUDGMENT : An interesting point is raised by the learned counsel for the appellant, which can as well be a precedent for the Courts below in deciding this type of cases falling under Section 138 of the Negotiable Instruments Act.

2. Before going into the point raised by the learned counsel for the appellant, it is germane to refer to a few facts of the case. The complainant/appellant Bank is a scheduled Bank registered with Reserve Bank of India and is governed by Banking Regulations Act. The appellant Bank, apart from usual activities, offers production/services to its customers by way of car loans, housing loans, credit cards, etc. During the course of the said business transactions, the first respondent approached the appellant-Bank and submitted an application to avail credit card facility and on consideration of necessary documents furnished by the first respondent, the appellant Bank allotted credit card bearing account No.5548 5135 0250 3329 to the first respondent and he was using the said card for his requirements and was making payments to the appellant Bank as and when the amount is due as per the statement of account furnished by the Bank. Towards partial discharge of

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