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The appellant/accused has preferred this appeal
under Section 374(3) of Cr.P.C. being aggrieved by the
judgment of conviction and order of sentence passed in
C.C.No.51678/2014 dated 18.06.2022 on the file of IX
ASCJ, Small Causes and Addl. MACT, SCCH-7,
Bengaluru.
2. For the purpose of convenience parties are
referred to as per their rank before the trial court.
Appellant was arraigned as accused and respondent
was the complainant before the trial court.
Complainant set the law into motion by lodging private
complaint under section 200 of Cr.P.C., for the offence
punishable u/s 138 of Negotiable Instruments Act
against accused.
3. The gist of the accusation in the complaint is
that, complainant is a registered company engaged in
chits and finance business. One Sridhara M., is a
member of a chit with the complainant and subscriber
of the chit bearing No.G2E/5512 under Ticket No.10.
Accused is the surety / guarantor to the above said
Sridhar. Sridhar being the successful bidder received
the prize amount, but failed to pay monthly
installments. Accused issued cheque dated 03.10.2012
for a sum of Rs.52,085/- drawn on State Bank of
Indore, J.C. Road, Bengaluru. The said cheque was
presented for encashment by the complainant through
its banker Axis Bank, Coxtown Branch on 10.12.2012
for encashment. The said cheque was dishonoured
with endorsement “No such account”. Complainant
issued legal notice dated 09.01.2013. Accused failed to
comply with the same. Hence, complainant
constrained to set the law into motion.
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