1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.419 OF 2009 Sampatlal s/o Mansukhlal Kaswa, age: 47 years, Occ: Business, R/o Dhamangaon, Tq.Ashti, District Beed. Petitioner Versus Poornawadi Nagarik Sahakari Bank Maryadit, Beed, Branch Kada, through its Manager Shri Vishnu s/o Tayappa Bhalerao, age: 37 years, Occ: Service, R/o Kada, Tq.Ashti, District Beed. Respondent WITH CRIMINAL WRIT PETITION NO.420 OF 2009 Sampatlal s/o Mansukhlal Kaswa, age: 47 years, Occ: Business, R/o Dhamangaon, Tq.Ashti, District Beed. Petitioner Versus Poornawadi Nagarik Sahakari Bank Maryadit, Beed, Branch Kada, through its Manager Shri Vishnu s/o Tayappa Bhalerao, age: 37 years, Occ: Service, R/o Kada, Tq.Ashti, District Beed. Respondent WITH 2 CRIMINAL WRIT PETITION NO.421 OF 2009 Sampatlal s/o Mansukhlal Kaswa, age: 47 years, Occ: Business, R/o Dhamangaon, Tq.Ashti, District Beed. Petitioner Versus Poornawadi Nagarik Sahakari Bank Maryadit, Beed, Branch Kada, through its Manager Shri Hemkant s/o Umakant Ramdasi, age: 32 years, Occ: Service, R/o Kada, Tq.Ashti, District Beed. Respondent Mr.V.M.Chate, advocate for the petitioner/s. CORAM: R.M.BORDE, J. DATE : 11 th June, 2009. ORAL ORDER: 1 Petitioner is praying for quashment of criminal complaints initiated by Respondent-Bank against the petitioner under Section 138 of the Negotiable Instruments Act. 2 Admittedly, petitioner has secured loan from Respondent- Bank and he is in arrears in making payment to the Respondent-Bank towards loan secured by him. It is the contention of Respondent-Bank, as evident from the complaints, that petitioner had issued different cheques towards repayment of loan secured by him. However, on presentation of said cheques with the Bank, same were dishonoured, for the reason that 3 petitioner has not maintained sufficient funds in his account. 3 The contention of the petitioner is that Respondent-Bank has stated in the complaints itself that as per the accounts maintained by the Bank, as on 10.03.2008, accused-petitioner owe an amount of Rs. 12,29,940/-, whereas different cheques secured by the Bank are for an amount of Rs.16,00,000/-. Petitioner thus contends that the liability, as stated by the Bank, is not in respect of legally recoverable dues. 4 This aspect can be urged before the trial Court and the trial Court would consider same while dealing with the complaints. There is no ground for causing interference at this stage in exercise of extraordinary jurisdiction under Article 227 of the Constitution of India. 5 Writ Petitions stand rejected summarily. (R.M.BORDE) JUDGE ******* adb/criwp41909