The complainant has filed this complaint under
Section 200 of the Code of Criminal Procedure against the
accused, alleging that the accused has committed an
offense punishable under Section 138 of the Negotiable
Instruments Act.
02. The brief facts of the Complainant’s case are as
under;
The Complainant submits that towards payment and
towards the discharge of his liability, the accused issued
cheque bearing No. 320533 dated 26.06.2019 for Rs.
4,00,000/- drawn on M/s. Federal Bank Ltd., Jalahalli
Branch, Bengaluru – 560 015. Reposing confidence in the
accused, the complainant presented the said cheque for
encashment through bankers i.e. State Bank of India,
Peenya SSI Branch, Bengaluru, but the aforesaid cheque
returned with endorsement as “Funds insufficient ” as per
the cheque return memo dated 27.06.2019. The factum of
dishonour of a cheque duly communicated to the accused
through legal notice dated 08.07.2019. The notice sent to
the accused through RPAD was duly served on
11.07.2019. Despite the service of notice and lapse of the
statutory period of 15 days, the accused did not come
forward to pay the cheque amount nor issued a reply
notice. Therefore, the accused persons have committed an
offence punishable under Section 138 of the Negotiable
Instruments Act.
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