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 accused and complainant were having business
relationship and the accused was very cordial. Due to
acquaintance, accused approached the complainant and
requested for handloan of Rs.1,50,000/- for purchase of
materials/fabrics by assuring to repay the said amount
within six months. The complainant paid the said amount
to the accused, but accused failed to repay the amount
within the stipulated time. After repeated requests and
demands, towards discharge of liability, the accused issued
a cheque bearing No.139004 dated 25.03.2013 for a sum of
Rs.1,50,000/-, drawn on Corporation Bank, Sarakki Layout
Branch, Bengaluru. As per the instruction of the accused,
complainant has presented the said cheque for encashment
through his banker State Bank of Mysore, Service branch,
Bengaluru, but the said cheque came to be dishonored and
returned with shara “Funds Insufficient” on 19.04.2013.
The said dishonour of the cheque was informed to the
accused, but he requested to give six months time to clear
the dues. Thereafter he was not available either over
telephone or personally. During the 1 st week of October
2019 complainant managed to contact the accused and
insisted him to make the payment of the amount. Hence,
towards the repayment of the amount, the accused issued a
cheque bearing No.985346 dated 04.10.2019 for a sum of
Rs.4,00,000/-, drawn on Corporation Bank, Sarakki Layout
Branch, Bengaluru. As per the instruction of the accused,
complainant has presented the said cheque for encashment
through his banker Corporation Bank, Sarakki Layout
branch, Bengaluru, but the said cheque came to be
dishonored and returned with shara “Exceeds arrangement”