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Appellant has filed this appeal u/s 374(3) of Code of
Criminal Procedure assailing the judgment of conviction and
order of sentence passed in C.C.No.30125/2019 dated
02.09.2022 on the file of XXI Addl. Chief Metropolitan
Magistrate, Bengaluru.
2. Rank of the parties is referred to as per their
ranks assigned before the trial court.
3 Crl.A.No.1154/2022
3. The facts of the case leading to this appeal may
be summarized as under;
The respondent is complainant before the trial court,
he has filed a complaint u/s 200 of Code of Criminal
Procedure alleging an offence committed by the accused
punishable u/s 138 of Negotiable Instrument Act (herein
after referred as N.I.Act). The complainant, is the trustee in
Janodya Trust, he and accused are well known persons
from past 10 years, with this acquaintance, in the 1 st week
of February, 2019 accused approached the complainant and
requested for an amount of Rs.3,65,000/- to protect his
family from the dire consequences being posed by his
creditors, accordingly on 05.02.201 complainant paid a sum
of Rs.3,65,000/- and accused also assured that he will
return the said amount with interest @ 14% p.a. within
short period and issued a cheque bearing No.822502 dated
26.08.2019 for an amount of Rs.3,65,000/- drawn on
Karantaka Bank, Jayanagar Branch, Bengaluru, thereafter
accused failed to repay the said amount and on repeated
requests and demands made by the complainant, accused
informed the complainant to present the cheque for
encashment, on presentation, the said cheque returned
unpaid for the reason “Payment stopped by Drawer” as per
Bank memo dated 27.08.2019, complainant issued legal
notice on 12.09.2019, the said notice was returned
unserved. After compliance of the ingredients of Section
138 of N.I.Act complaint is filed. The trial court took
cognizance and after going through the materials found the
prima facie case against accused for an offence punishable
u/s 138 of Negotiable Instrument Act, registered criminal
case and issued summons.
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