TMI Blog2020 (11) TMI 887X X X X Extracts X X X X X X X X Extracts X X X X ..... interest is yet to be repaid to the respondent-bank. But the only contention of the present petitioner is that the liability to clear the loan falls upon his brother, since the property upon which the loan was lent has gone to his share - For the said contention, the argument of the learned counsel for the respondent that the alleged partition agreement between the accused brothers would not bind the petitioner in a criminal proceeding, cannot be discarded at this stage in this proceeding. If any such contention is there, then it is open for the petitioner to agitate the same at the appropriate stage before the appropriate forum. Nothing prima facie material is placed by the petitioner to show criminal proceedings initiated against him ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re this Court. 7. The summary of the case in C.C.No. 1682/2017 pending before the trial Court is that the respondent which is a banking Company, filed a private complaint under Section 200 of the Code of Criminal Procedure, 1973 (henceforth for brevity referred to as 'Cr.P.C') against the present petitioner arraying him as accused alleging that at the request of the present petitioner who was a co-applicant, a loan of ₹ 10,00,000/- was sanctioned to him as crop loan on 29.05.2013 and an agricultural term loan of ₹ 32,00,000/- on 12.08.2013. In that regard necessary documentation was entered into between the parties. The present petitioner towards repayment of the said loan amount in-part had issued a cheque bearing no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oner herein has made it clear that the Banker had collected five blank cheques which is including the one in question. 10. Learned counsel for the respondent submits that admittedly it was a loan transaction between the respondent and petitioner. It is not in dispute that the loan has become unpaid and the loanees have become defaulters. He disputes that the bank had collected five blank cheques and that it has misused one of those cheques. On the other hand, he contends that it is specifically mentioned in the complaint that cheque was issued to the bank in June, 2016, as such, defence, if any, is there for the present petitioner, the same has to be agitated and proved in the criminal case pending in the trial Court but not in the prese ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... have replied as per Annexure-E. In such a situation, his defence, if any for rebutting the presumption which may form in favour of the complainant in the trial Court has to be placed before the trial Court by the petitioner at the appropriate stage. This Court, at this juncture, cannot appreciate the defence taken up by the petitioner only to quash the proceedings against him. 13. Barring this, nothing prima facie material is placed by the petitioner to show criminal proceedings initiated against him for the alleged offence under Section 138 of N.I. Act, is prima facie without any merit, as such, has resulted into an abuse of process of law against him. Therefore, I do not find it as a fit case to interfere and exercise power under Secti ..... X X X X Extracts X X X X X X X X Extracts X X X X
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