This case arises out of the private complaint filed
by the complainant against the accused under section
C.C.NO.26299/2021
200 of Cr.P.C., for the offence punishable under section
138 of N.I.Act.
2. The case of the complainant’s in brief is as
under:
It is the case of the complainant is that the
accused is one of the subscriber/member in the chit
group No.G2A47, ticket No.05, for a chit value of
Rs.2,00,000/- payable at Rs.10,000/- over a period of
20 months. In the chit auction dated: 20.11.2016 the
accused was bidded for Rs.50,000/- and on 30.12.2016
he has received prize chit amount of Rs.1,49,250/-
through cheque and on the same day he had executed
a receipt/voucher along-with on demand promissory
note. The accused has paid monthly chit subscription
amount of Rs.10,000/- including dividend amount of
Rs.1,32,800/-, thereafter despite several requests and
demand he has not paid the subscription amount of
Rs.67,200/- and the said chit was ended on February-
2018. After several demands, towards clearance of the
subscription due amount and interest during the 2nd
week of May 2019, the accused had issued a post
dated cheque No.000002 dated: 30.05.2019 for
Rs.87,360/- drawn on PMC Bank, Hesaraghatta
Branch, Bengaluru. The complainant on 31.05.2019
presented the said cheque for realization through its
banker M/s. Karur Vysya Bank Ltd., Malleshwaram
Branch, Bengaluru. But the said cheque was
C.C.NO.26299/2021
dishonored on 01.06.2019 as “Funds Insufficient”.
Thereafter, on 20.06.2019 the complainant got issued a
legal notice to the accused through its counsel calling
upon him to pay the cheque amount. The said notice
was returned on 22.06.2019 as “Addressee absent”.
Inspite of issuance of the notice, the accused neither
reply to the notice nor paid the cheque amount. As
such, the accused have committed an offence
punishable under section 138 of N.I.Act. Hence, the
present complaint came to be filed before this court on
29.07.2019.