This is a private complaint filed under section 200 of
Cr.P.C., against the accused for the offence punishable under
section 138 of the Negotiable Instruments Act.
02.The brief facts of the complaint is as under:
The complainant and accused are well known to each
other from last 10 years. The accused was resided in the 3 rd
floor of the complainant’s building as a tenant, the accused
and his brother Raghu are very well known to the
complainant’s family. In that acquaintance, the accused has
borrowed a sum of Rs.55,00,000/- from 2017 till 24-03-2020
by way of cash, cheque and bank transfer from both the
complainant and her husband to meet his personal
commitments, family and travel business improvements. The
total receipt of the said amount, the accused has executed an
on demand promissory note and consideration receipt in
favour of the complainant. The accused has repaid the
amount of Rs.15,00,000/- to the complainant’s husband
account. In order to repay the balance amount, the accused
has issued two cheques i.e., cheque bearing No.162836 dated
26-05-2020 for Rs 8,00,000/-, drawn on Union Bank of India,
Koramangala Branch, Bengaluru and cheque bearing
No.221529 dated 26-05-2020 for Rs 15,07,000/- drawn on
The Karnataka State Co-op. Apex Bank Ltd., Koramangala
branch, Bengaluru, in favour of the complainant. The
complainant presented said cheques for encashment through
her banker ICICI Bank, BTM 2nd Stage Branch, Bengaluru and
Karnataka State Co-op. Apex Bank Ltd., Koramanagal Branch,
Bengaluru. The cheques are returned unpaid with bank
endorsement dated:27-05-2020 and 28-05-2020 showing
cheques are dishonoured for the reason “Funds
Insufficient”. Thereafter, the complainant has got issued
legal notice to the accused through his counsel on 26-06-
2020 through RPAD and the same was returned with shara
“Refused, Returned to Sender”. But, the accused has failed
to make payment of cheque amount. Hence, complainant has
filed this complaint on 31-07-2020.
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