M/S Hdfc B vs Rakesh K

M/S Hdfc Bank Ltd Vs Rakesh K

Case Details

Case Type	P.C.R.
Filing Number	52499/2021
Registration Number	52455/2021
Filing Date	19-07-2021
Registration Date	19-07-2021

First Hearing Date	22nd July 2021
Decision Date	22nd July 2021
Case Status	Case Disposed
Court Number and Judge	75-Xiv Addl. Chief Metropolitan Magistrate;
Nature of Disposal	Uncontested--Registered As Cc;
Transfer Date	22-07-2021
Case Transfer To Establishment	Cheif Metropolitan Magistrate

Petitioners & Respondents

Petitioner

M/S Hdfc Bank Ltd, ;

Petitioner Advocate

Krs Law Associates;

Respondent Name

Rakesh K;

Order Details

Order not found.

Final Order Judgement

Order Date

22-07-2021

PCR 52455/2021 WITNESS IS DULY SWORN ON 22.07.2021. Further statement of the complainant I have filed my affidavit in lieu of sworn statement. The contents of same are true and correct. Copy of Board resolution is marked as Ex.P.-1, Cheque issued by the accused is marked as Ex.P.2 and signature of accused is marked as Ex.P.2(a), Cheque return memo marked as Ex.P.3, Office copy of the legal notice marked as Ex.P.4, 2 postal window receipts are marked as Ex.P.5 and Ex.P.6,, returned postal cover is marked as Ex.P.7, 1 Acknowledgement is marked as EX.P.8. I further state that the HDFC Bank, has its branch office in Rashtrotthana Bhavan, Nrupatunga Road, Bangalore and the cheques given by the borrowers related to the repayment of loan amount or towards EMI's will b presented for collection at HDFC Bank, Salco Centre, Richmond Road branch as the HDFC Bank has its collection account in Salco Center, Richmond Road branch, Bangalore and its account baring no is 50200026979743. Hence, I pray this Hon’ble court to punish the accused person in accordance with law and grant the compensation in our favour. (Typed to my dictation in the open court hall) R. O. E & A. C. XIV Addl.C.M.M, Bangalore. 22.07.2021. Case called. Complainant is present. Heard Smt. PS advocate for complainant. Perused the contents of the complaint and its enclosures. Prima facie Satisfied to take cognizance for the offence punishable u/s 138 of N.I. Act. Hence cognizance is taken. Complainant files his affidavit, in lieu of sworn statement as CW1 with list of documents and further examined and Ex.P.1 to P.8 are marked. Complainant submits that he has no further statement. Heard Smt. PS advocate for complainant. Perused the complaint averments a/w the documents produced as per Ex.P1 to Ex.P8 as stated in the list of documents. It is clear from sworn statement and submission of counsel for complainant that the HDFC Bank, has its branch office in Rashtrotthana Bhavan, Nrupatunga Road, Bangalore and the cheques given by the borrowers related to the repayment of loan amount or towards EMI's will b presented for collection at HDFC Bank, Salco Centre, Richmond Road branch as the HDFC Bank has its collection account in Salco Center, Richmond Road branch, Bangalore and its account baring no is 50200026979743. Hence this court has jurisdiction to try this complaint. On careful scrutiny of the material on record, it is clear that primafacie the Complainant has complied necessary ingredients of Sec.138 N.I. Act and has made out a primafacie case to proceed against the accused for the offence punishable U/s 138 NI Act. There is no delay in filing this complaint and list of witness is also filed. Smt. PS advocate submits that the complainant has not filed any other cheque bounce case in any other court against the accused. Hence, this court proceed to pass the following ORDER Office to Register a criminal case against the accused for the offence punishable U/s 138 N.I. Act. Issue SS to accused by RPAD, as prayed if required PF & RPAD envelop, copy of the complaint, affidavit, list of documents and witness list filed are furnished, returnable by 12.08.2021. (Dictated in the Open court, typed by the typist, corrected and signed by me). (K GURUPRASAD) XIV ACMM, Bangalore

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Frequently Asked Questions

The Petitioner in case M/S Hdfc Bank Ltd vs Rakesh K is M/S Hdfc Bank Ltd.

The Respondent in case M/S Hdfc Bank Ltd vs Rakesh K is Rakesh K.

The case against Rakesh Kwas filed on 19-07-2021 by M/S Hdfc Bank Ltd.

The status of case M/S Hdfc Bank Ltd against Rakesh K is Case Disposed.