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This appeal is filed by the appellant u/s.374 of Cr.P.C. seeking
to set aside the judgment of conviction and sentence passed by the XI
ASCJ and ACJM, Bengaluru in C.C.No.50852/2019 dated 19.12.2024.
2. Brief facts of the case:
The accused is one the customer of complainant company,
which is dealer of Apple computer. The complainant used to supply the
materials to the accused on credit basis by raising invoices for the
supply of products and maintaining the running account. The accused
has taken the desktop and laptop on credit basis from 07.09.2018 to
16.10.2018 by raising eleven invoices for total amount of
Rs.5,25,75,797/-. The accused has not paid the said invoice amount
and on repeated demands, the accused paid some amount and
thereafter they have issued cheque bearing No.969463 dated
26.10.2018 for a sum of Rs.2,85,56,920/- and another cheque bearing
No.969464 dated 29.10.2018 for a sum of Rs.2,09,24,812/- drawn on
Yes Bank Ltd, Avenue road branch, Bengaluru in favour of
complainant. On the instruction of accused, the complainant presented
the said cheques for encashment on 26.10.2018 and on 29.10.2018
through the Syndicate Bank, M.G. Road branch, Bengaluru, but the
said cheques were dishonoured and as such, the complainant has
filed complaint against accused in C.C.NO.60105/2018. The accused
has also issued another cheque bearing No.969465 dated 16.11.2018
for Rs.1.4 crore drawn on Yes Bank Ltd, Avenue road branch,
Bengaluru in favour of complainant towards interest for the delay of
payment from 27.06.2016 to 16.10.2018. The complainant presented
the said cheque for encashment on 16.11.2018 through the Syndicate
Bank, M.G. Road branch, Bengaluru, but the said cheques were
dishonoured due to ‘payment stopped by drawer’ vide endorsement
dated 17.11.2018. As such, the complainant got issued legal notice on
12.12.2018 calling the accused to make cheque amount within 15
days from the date of receipt of legal notice and the same was served
to the accused on 13.12.2018. In spite of service of notice, the
accused has not paid the cheque amount, but sent untenable reply on
30.11.2018. Hence, the complainant filed the complaint u/s.138 of the
Negotiable Instrument Act.
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