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2023 Supreme(Del) 5978

SWARANA KANTA SHARMA
Devinder Singh – Appellant
Versus
Axis Bank Ltd. – Respondent


Advocates appeared:
Mr. T.R. Sandhu, Advocate, for the Petitioner.
Ms. Aishwarya Mishra, Mr. Anil Kumar, Ms. Kranti and Mr. S. Surender, Advocates, for the Respondent.

JUDGMENT

Swarana Kanta Sharma, J.

1. The instant petition under Section 482 of the Code of Criminal Procedure, 1973, (`Cr.P.C.') has been filed on behalf of petitioner seeking quashing of Complaint Case bearing no. 9403/2018, filed under Section 138 of Negotiable Instruments Act, 1881 (`NI Act') pending before the Court of learned Metropolitan Magistrate (NI Act)-06, Dwarka Courts, New Delhi.

2. Briefly facts of the case, as per the complaint filed under Section 138 of NI Act, are that the petitioner/accused had availed home loans to the tune of Rs. 12,35,532/- under loan account bearing no. PHR036101164838 from respondent bank and had executed the loan agreement and other documents and accordingly, the loan amount had got disbursed to the petitioner. The petitioner had issued a cheque bearing no. 787811 dated 06.12.2017 in favour of complainant/respondent bank for a sum of Rs. 12,32,532/- drawn on State Bank of India, New Delhi. The said cheque was deposited by the complainant bank, however, the same had got dishonoured for reasons `Exceeds Arrangement' vide memorandum dated 26.12.2017. Thereafter, the complainant/respondent had sent a demand notice dated 25.01.2018 to the petitioner

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