Crl.M.C.1906/2009

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Crl.M.C.1906/2009 and Crl.M.A.7121/2009

Reserved on: 24^th November, 2009

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Date of Decision: 25^th November, 2009

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Mr. B.M. Patel

..... Petitioner

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Through: Mr. D’Souza Philip, Adv.

Versus

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CITI Bank, NA New Delhi

..... Respondent

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Through:

Mr.

Akshay

Bipin,

Addl.P.P. for the State.

: V.K. JAIN, J.

1.

This is a petition under Section 482 of the Code of

Criminal Procedure for quashing complaint cases No. 724/1 of

2008 and 1313/1 of 2008 filed by the respondent under Section

138 and 142 of Negotiable Instruments Act and Section 420 of

Indian Penal Code.

2.

A perusal of the first complaint filed by the

respondent would show that the petitioner who was holding a

Citi Bank card, issued a cheque No.712655 dated 8^th February,

2008 for Rs.6,332/- drawn on IDBI Bank towards part payment

of the purchases made by him on the credit card. The cheque,

when presented for encashment, was returned with remarks

“payment stopped insufficient funds”. A legal notice was sent to

the petitioner from Delhi requiring him to pay the amount of the

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