JUDGMENT :

ROBIN PHUKAN, J.

1. Heard Mr. D.C.K. Hazarika, learned Senior counsel, assisted by Ms. J. Kalita, learned counsel for the petitioner and also heard Mr. G. Jalan, learned counsel for the respondent.

2. In this petition under Section 482 of the Code of Criminal Procedure, the petitioner, namely, Shri Pranab Jyoti Dutta, has prayed for quashing of the complaint, dated 05.08.2020, filed by the respondent/complainant bank under Section 138 and 145(1) of the Negotiable Instrument Act (in short ‘NI Act’). It is to be noted here that upon the said complaint the learned court below has registered a case being N.I. Case No. 25/2020 and after taking cognizance upon the same issued summon to him to appear before it 05.04.2021 to stand trial.

3. The factual background leading to filing of the present petition is briefly stated as under:

“The petitioner has applied to the respondent bank for a loan of Rs. 4,24,000/- to purchase one Marshell Ambulance (Mahindra and Mahindra) vehicle for commercial purpose. Accordingly, the loan was sanctioned by the respondent bank and the petitioner has accepted the terms and conditions of the said loan, and executed an agreement thereby agreeing with all