SANJAY DHAR
Ab. Rasheed Bhat – Appellant
Versus
HDFC Bank Ltd. – Respondent
JUDGMENT :
The petitioner has challenged complaint filed by respondent against him for offence under Section 138/142 of Negotiable Instruments Act (for short NI Act), which is pending before the Court of Chief Judicial Magistrate, Pulwama. Challenge has also been thrown to the order of the learned Magistrate whereby process has been issued against the petitioner as also to order dated 01.08.2018 passed by learned Additional Sessions Judge, Pulwama, whereby a revision petition against the aforesaid order of the learned Magistrate has been dismissed.
2. It appears that the respondent has filed a complaint against the petitioner alleging commission of offence under Section 138 of NI Act, which is pending before the learned trial Magistrate. In the said complaint it is alleged that the petitioner has availed credit facility to the tune of Rs.2.75 crores from the respondent Bank. It is further alleged that the petitioner failed to regularize/liquidate the loan amount and the loan account shows an outstanding amount of Rs.3.50 crores. It has been submitted that the petitioner/accused issued post dated cheques for outstanding liability in favour of the respondent Bank vide cheque bearing N
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