:
The complainant has filed the present complaint
U/Sec.200 of Cr.P.C., alleging that the accused has
committed the offence punishable U/Sec.138 of Negotiable
Instruments Act (herein after referred as N.I.Act).
2. The case of the complainant in brief is as follows:-
The complainant along with his wife Smt A R Kusuma and
daughter Smt. Ramya A were tenants/lessees under Sri N B
Rajeev in respect of residential premises bearing No. 1178/A
(GF), 7th cross, 2nd phase, Girinagar, Bangalore 560085 on
lease basis. As such they have paid a sum of Rs.14,00,000/-
in favour of Sri N B Rajeev as a lease amount and were taken
the occupation of the above said premises as per the lease
agreement dated 04.01.2019 for a period of 3 years which
commenced from 01.05.2017 to 30.04.2020. Thereafter the
lease period was extended for a period of another 2 years
from 30.04.2020 to 30.04.2022. For which N B Rajeev had
collected an amount of Rs.2,00,000/- in addition to
Rs.14,00,000/- as a lease amount and it was agreed by both
the parties to refund the lease amount to the complainant at
the time of vacating and handing over the premises.
Further, unfortunately on 25.03.2021 N B Rajeev died due
to Covid – 19 pandemic. But during the life time of N B
Rajeev, he had availed loan from Sir M Visveswaraih Co-
operative Bank Limited by mortgaging the property in which
the complainant and his family members were residing.
Thereafter due to non repayment of loan amount, the bank
has initiated legal proceedings by invoking SARFAESI Act
2002 and has taken the symbolic possession of the above
said property including the premises in which the
complainant and his family members were residing.
Further, the said fact came to the notice of the
complainant only when the notice was served upon them on
16.02.2022 calling upon them to handover the vacant
possession of the premises. Thereafter complainant has
requested the wife of N B Rajeev to refund the lease amount,
for which the wife of late N B Rajeev has assured to repay
the lease amount within 15 days, but has failed to refund
the amount. But on 26.04.2022, the bank has seized the
physical possession of the premises.