no role can be attributed to bank

2022 CRI. L. J. 4273

AIROnline 2022 MEG 126 (MEGHALAYA HIGH COURT)

HDFC Bank Ltd., Mawlai v. Baklai Siej and another.

Cri. Petn. No. 16 of 2021, D/13-5-2022. 

(A) Negotiable Instruments Act (26 of 1881), Ss. 142, 138 - Quashing of pro- ceedings-Cheque dishonour case - Ac- cused-Bank was made party by complain- ant, but no role can be attributed to bank as far as issuance or dishonour of cheque was concerned - Bank was only custo- dian of money of customers and has to comply with instructions of customers In case of insufficiency of funds, bank has only to report same and cannot by any stretch of imagination be liable for any act of customer who issued cheque which was later dishonoured-Magistrate failed to appreciate facts and provisions of law and unnecessarily put bank to great hard- ship by issuing of process Proceedings

liable to be quashed Criminal P.C. (2 of 1974), S. 482. (Paras 15, 16, 17)

(B) Negotiable Instruments Act (26 of 1881), S. 138-Dishonour of cheque for insufficiency of funds - Essential in- gredients-Explained.