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2022 Supreme(P&H) 2186

JASJIT SINGH BEDI
Guljari Lal – Appellant
Versus
Kotak Mahindra Bank – Respondent


Advocates appeared:
Mr. Ketan Antil, Advocate, for the Appellant.

JUDGMENT

Jasjit Singh Bedi, J. - The prayer in the present petition under Section 482 Cr.P.C. is for quashing of the Complaint No.NACT/18437 of 2018 dated 29.09.2018 (Annexure P-1) under Section 138 of the Negotiable Instruments Act, 1881, the order of summoning dated 01.10.2018 (Annexure P-2) passed by the Judicial Magistrate, 1st Class, Chandigarh, the order in revision dated 05.09.2019 (Annexure P-3) passed by the Additional Sessions Judge, Chandigarh and all subsequent proceedings arising therefrom.

2. The brief facts of the case as emanating from the pleadings are that a complaint under Section 138 read with Section 142 of the Negotiable Instruments Act was filed by the respondent-Bank with the allegations that M/s Shri Hari Agro through its Proprietor Ms. Monika Goyal (borrower) had been granted a credit facility against collateral security as well as a personal guarantee of the guarantors including the petitioner-Guljari Lal. The respondent-Bank had sanctioned a credit facility amounting to Rs.1 crore. Since the borrower defaulted in repayment of the credit facilities granted and renewed from time to time, the Bank made a demand of the amount due and all the credit facilities

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