This case is registered against the accused for the
offence punishable U/s 138 of Negotiable Instruments
Act.
2. Factual matrix of the complainant’s case is as
under:
It is stated that the accused is a distant relative of
the complainant and acquainted with her. The accused
sought financial assistance of Rs.4,50,000/- from the
complainant and having regard to the acquaintance, she
has paid Rs.4,50,000/- to the accused by way of cash in the
month of June 2018. The accused has promised to repay
the same within 6 months, but failed to comply it. The
accused tried to elope from Bangalore and after making
all efforts to trace the accused, the complainant got to
know that accused had purchased a house at Coimbatore.
Thereafter, also the complainant approached the accused
and asked to return the money, but she has not repaid it.
After repeated demands made by the complainant to
make the payment, the accused has issued a cheque
bearing No.160745 dated 16.10.2019 for a sum of
Rs.4,50,000/-, drawn on State Bank of India,
Bhasavanagudi Branch, Bangalore in favour of the
complainant. When the complainant presented the
cheque for encashment before the bank, it got
dishonoured for the reason ‘Funds insufficient’ as per
memo dated 18.10.2019. Thereafter, the complainant got
issued a legal notice on 09.11.2019 through registered
post demanding the accused to make payment of cheque
amount within 15 days and it was returned with an
endorsement dated 11.11.2019 and 13.11.2019 as ‘door
lock and intimation’. Thereafter, the complainant again
issued second notice to the accused to both addresses on
27.11.2019, but the accused wantonly avoided the same
as such, it returned with an endorsement as ‘No
response’. However, the accused has not repaid the
amount. Hence the complainant has constrained to file
the present complaint.
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