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2. Brief facts of the case, as per complaints filed by the complainant/respondent, are that the accused/petitioners had applied for grant of INFTA DF Loan facility to the erstwhile Capital First Ltd. and had availed the said loan facility on 31.03.2017 vide loan account/agreement number 19564356, for Rs.1,50,00,000/- and upon petitioners agreeing upon specific terms and conditions, the erstwhile Capital First Ltd. had disbursed the loan amount. As stated, the petitioners had agreed to repay the loan amount together with interest in equated monthly installments. It is stated that in partial discharge of loan liability, the accused/petitioners had issued two cheques bearing no. 350 for Rs.45,00,000/- and cheque no. 1122 for Rs.35,00,000/- both dated 14.06.2019 and drawn on HDFC Bank. It is stated that in the meanwhile, Capital First Ltd. had amalgamated into complainant/respondent bank i.e. IDFC First Bank Ltd. vide order dated 12.12.2018 passed by Hon'ble NCLT, Chennai whereby all loans availed by borrowers including loans availed by petitioners were transferred/assigned to complainant/respondent bank. When the complainant i.e. IDFC First Bank Ltd. (erstwhile Capital First Ltd.) had presented the cheques for encashment with its banker, the same had got dishonoured vide return memo dated 14.06.2019 for the reasons ‗Insufficient Funds'. Thereafter, the complainant had issued legal notice dated 10.07.2019 to the petitioners asking them to make the payment of cheque amount, however, they had failed to do so. Accordingly, the complainant/respondent had filed the impugned complaints i.e. complaint cases bearing nos. 30937/2019 and 30938/2019 for dishonour of cheque bearing no. 1122 and 350 respectively. The learned Trial Court had issued summons against petitioners vide order dated 20.08.2019.

4. On the other hand, learned counsel for the respondent/ complainant submits that vide order dated 12.12.2018 passed by Hon'ble NCLT, Chennai Bench, Capital First Ltd., First Home Finance Ltd. and Capital First Securities Ltd. had collectively amalgamated with IDFC Bank Ltd. and thereafter, its name had further been changed to IDFC First Bank Ltd. It is stated that at the time of amalgamation, all the loans availed by various borrowers had also been transferred/assigned to IDFC Bank Ltd. It is stated that the petitioners by way of present petitions have raised disputed question of facts which can only be adjudicated after leading of evidence before the learned Trial Court, and this Court under Section 482 of Cr.P.C. cannot interfere with the summoning order or quash the complaints in question. It is also stated that all necessary averments have been made in the complaints, and thus, the present petition ought to be dismissed.

12. In the present case, the petitioners herein had entered into a loan agreement with the erstwhile Capital First Ltd. in March, 2017. However, in 2018, Capital First Ltd. had amalgamated with IDFC Bank Limited by virtue of amalgamation order dated 12.12.2018 passed by Hon'ble NCLT, Chennai Bench. After the amalgamation, all the loans availed by various borrowers including the loan availed by the petitioners herein was also transferred to IDFC Bank Limited, and further that all the properties, rights, liabilities and duties of Capital First Ltd. were vested in IDFC Bank Limited including all contractual liabilities owed by the present petitioners to Capital First Ltd. It has been specifically averred by the complainant that the accused/petitioners had entered into contractual relations with Capital First Ltd., and after the said amalgamation, the actionable claim including any claims with respect to loan availed by the petitioners is that of IDFC Bank Ltd., which had later changed its name to IDFC First Bank Ltd. and a fresh certificate of incorporation had also been issued. Thus, the contentions regarding complaint in question being not maintainable since it was filed by IDFC First Bank Ltd. and not Capital First Ltd. in whose name the cheques had been issued, cannot be appreciated at this stage when the complainant has prima facie shown that the erstwhile Capital First Ltd. had amalgamated into the present complainant company alongwith all properties, rights, asset, liabilities including contractual liabilities such as the present loan facility.