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This case is arising out of a private complaint filed by
the complainant against the accused alleging commission of
offense punishable under Section 138 of N.I Act.
2. The brief facts of the complainant case in a nutshell
that, the accused and complainant are well acquainted with
each other. The accused has issued a cheque bearing
No.179787 dtd:15-06-2004 for Rs.1,50,000/- drawn on
Indian Bank, New Tippasandra, Bangalore towards the
discharge of legally enforceable liability owned by him to the
complainant and assured that on presentation it would be
honoured, the complainant presented the said cheque
through his banker on 09-09-2004 but it was returned with
an endorsement dtd:10-09-2004 as “Account Closed”.
Further the complainant got issued a legal notice dtd:17-09-
2004, the notice issued by certificate of posting was served
on the accused between 18-09-2004 to 20-09-2004, but
SCCH-19 C.C.No.5812/2005
RPAD was returned on 22-09-2004 with shara “intimation
delivered, not claimed”. It is further submitted that, inspite
of service of notices, the accused has not repaid the said
amount. Hence, the complainant has filed this complaint.
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