Delhi District Court M/S Hdfc Bank Ltd vs Pushpa Tanwar on 31 January, 2026 HDFC Bank Ltd. vs. Pushpa Tanwar IN THE COURT OF SH. SHIV KUMAR, JUDICIAL MAGISTRATEFIRST CLASS (NI ACT)05, DWARKA COURTS, NEW DELHI CNR NO. DLSW020155522020 Ct. Case No. 10758/20 HDFC Bank Ltd. vs. Pushpa Tanwar 1. Name of the complainant : HDFC Bank Ltd. Having branch office at: 1st Floor, Tower A, Plot No. 31, (Near Jaguar Land Rover and BMW Showroom) Najafgarh, Industrial Area, Shivaji Marg, Moti Nagar, New Delhi110015. 2. Name and address of the : Pushpa Tanwar accused W/o Sh. Monu Tanwar R/o H. No. 775, Behind Iswa Hotel, Kapashera Village, Delhi, Harijan Choupal, Delhi110037. 3. Offence complained of or : Under Section 138 of the proved Negotiable Instruments Act, 1881. 4. Plea of the accused : Pleaded not guilty and claimed trial. 5. Final Order : Conviction 6. Date of Institution : 04.09.2021 7. Date of pronouncement of : 31.01.2026 Judgment SHIV KUMAR Digitally signed by SHIV KUMAR CC No. 10758/2020 Date: 2026.01.31 Page No. 1 of 8. 14:47:30 +0530 HDFC Bank Ltd. vs. Pushpa Tanwar JUDGMENT 1. Vide this judgment, I shall decide the present matter, Ct. Case 10758/2020 filed by complainant against the dishonour of cheque bearing no. 008723 dated 07.02.2020 for Rs. 2,64,150/ drawn on Oriental Bank of Commerce, Kapashera, New Delhi110037 (henceforth, the cheque in question). 2. Briefly stated, the facts that the complainant is a body corporate. The complainant is engaged in the business of finance among other portfolios. The accused approached the complainant for for light commercial vehicle loan and complainant bank relying upon the representation made by accused and believing the same to be true sanctioned the amount financed in terms of the subject agreement no. 42540881. In discharge of the legal debt/liability towards the complainant, the accused issued the cheque in question. On presentation, the cheque in question were returned unpaid with with remarks "Drawers signature differs" vide returning memo dated 10.02.2020. 3. Thereafter, complainant sent a legal notice dated 22.02.2020 to the accused through registered post calling upon him to pay the outstanding amount. It is the case of the complainant that despite service/receipt of the notice, the accused failed to repay the amount within 15 days. Hence, the present complaint. 4. The present complaint was filed within the limitation period. 5. Pre summoning evidence of AR/Poonam was recorded and the cognizance was taken u/s 138 NI Act on 13.12.2021 and summons were issued to accused thereupon. She has also relied upon the documents : SHIV 1. Ex.CW1/1 Power of Attorney KUMAR Digitally signed by SHIV KUMAR Date: 2026.01.31 CC No. 10758/2020 14:47:44 +0530 Page No. 2 of 8. HDFC Bank Ltd. vs. Pushpa Tanwar 2. Ex.CW1/2 Original cheque in question 3. Ex.CW1/3 Return memo 4. Ex.CW1/4 Legal demand notice 5. Ex.CW1/5 Postal receipts. 6. Cognizance was taken against "accused" on 13.12.2021 and summons were directed to be served at the address mentioned in the complaint. Side of the accused entered appearance on 25.11.2022. 7. Notice was framed against the accused on 20.02.2023 to which he pleaded not guilty and claimed trial. Oral prayer for cross examine the complainant u/s 145(2) was allowed. CW1/complainant was