This is a private complaint filed by the complainant
against the accused for the offence punishable under
Section 138 of Negotiable Instruments Act.
2. The brief facts of the complainant’s case is as
under:
It is contended that, complainant and the accused
are well acquainted with each other and in such
acquittance, in the year 2018, the accused demanded the
C.C.No.31090/2022
complainant to become a participant /subscriber of a chit
business pertaining to two chits for total amount of Rs.8
lakhs which the complainant agreed and it concluded in the
year 2019. As there was the pandemic of Covid -19, the
accused took time to return back the chit amount and
accordingly, had issued four post dated cheques of different
months ie., two cheques bearing No.000017, dt:15.04.2022
for Rs.2 Lakhs and another cheque bearing No. 000018,
dt:15.05.2022 for Rs.2 Lakhs drawn on Kotak Mahindra
Bank, BEL Layout, Bangalore. In the first week of April
2022, when the complainant demanded the repayment of
the chit amount, the accused had assured to present the
cheques in the first week of June 2022 assuring its honour
and accordingly, when the complainant presented the above
referred two cheques through his banker ie, State Bank of
India, West of Chord Road Branch, Bangalore, the same
came to be dishonored with shara as Funds Insufficient dt: