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2023 Supreme(Del) 5867

AMIT MAHAJAN
Versha Negi – Appellant
Versus
State of NCT Delhi Through Sho Ps Shakarpur Delhi – Respondent


Advocates appeared:
Mr. Anil Tejan & Ms. Lalita, Advocates, for the Petitioner.
Ms. Richa Dhawan, APP, for the Respondent.

JUDGMENT

1. The present petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) inter alia, praying for quashing of the Criminal Complaint bearing number 1169/2018, under Section 138 r/w Section 142 of the Negotiable Instruments Act, 1881 (`NI Act'), titled `Corporation Bank vs Mrs. Versha Negi' and for quashing of proceedings emanating therefrom.

2. The relevant facts for the purpose of adjudication of the present petition are as follows:

2.1. Complainant/Respondent No.2 herein, Corporation Bank is a bank as defined under the Banking Regulation Act 1949, a body corporate constituted under the Banking Companies (Acquisition and Transfer of Undertaking) Act, 1970, engaged in the business of finance among other portfolios subject to the guidelines of Reserve Bank of India.

2.2. It is alleged that following the representation made by the accused/petitioner herein for availing home loan facility, the complainant/Respondent No.2, believing the same to be true, sanctioned and disbursed an amount of Rs.25,63,825/- on 08.12.2015, through the home loan account no.150140. The petitioner thereafter issued some undated blank cheques duly signed in favour of Respond

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