This is a private complaint filed U/Sec.200 of Cr.P.C.
against the accused for the alleged offence punishable
U/Sec.138 of Negotiable Instrument Act.
2. The brief facts of the case of the complainant is
that:
The complainant’s husband and accused are close family
friends since five years and on the basis of the said
acquaintance, accused requested the complainant’s husband
for financial assistance to improve his business. As the accused
was a close family friend, on the instructions of the
complainant’s husband, complainant pledged her jewels in city
Union Bank, J.P. Nagar 5th Phase branch, on 15.12.2020 and
on the same day on the request of the accused, and in his
presence and instructions, complainant paid Rs.7,20,000/- to
the accused close associate/friend/partner name Sri.
Venkateshwar account in ICICI Bank by way of RTGS and also
complainant runs a Yoga Classes in her place out of her
savings and borrowed a sum of Rs.5,00,000/- from her mother
and totally paid Rs.20,00,000/- on 15.12.2020. The accused
assured to repay the same by the end of January 2021. But the
accused has failed to repay the amount to the complainant.
When the complainant was in need of money for her son’s
medical expenses as he met with accident on 25.12.2020, at
that time accused issued cheques bearing Nos.000162, 000180
and 000178 dated 9.02.2021, 24.02.2021 and 19.02.2021 for a
sum of Rs.1,00,000/-, 5,00,000/- and 5,00,000/- respectively,
drawn on HDFC Bank, Jayanagar Branch, Bengaluru. As per
the instruction of the accused, complainant has presented the
said cheques for encashment through her banker Bank of
Baroda, J.P. Nagar branch, Bengaluru, but the said cheques
came to be dishonored and returned with shara “Funds
Insufficient and payment stopped by drawer”. Thereafter he has
issued legal notice on 08.03.2021 through RPAD to the accused
address and the same was served to the accused. The accused
has not paid the amount, and hence, the complainant has filed
the present complaint before this Court.
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