The complainant has filed the complaint under Section 200
of Criminal Procedure Code against the accused for the offence
punishable under Section 138 Negotiable Instruments Act.
2. The brief case of the complainant is as under:
That the complainant is a non banking financial company
engaged in the business of providing finance facility to its
customers. The accused along with his wife Mrs. Chennamma
approached the complainant company seeking financial
assistance. Based on the request of the accused, the
complainant company sanctioned Home loan and the accused
had to repay the same as per the agreement bearing
No.NHCJPNGR0000773. The accused towards partial discharge
of liability issued a cheque bearing No.000004 dated 25.07.2022
for Rs.3,16,948/- drawn on UCO Bank. The complainant
presented the said cheque for collection through its banker ie
Union Bank of India and said cheque returned dishonored on
27.07.2022 for the reason “Funds Insufficient”. Therefore the
complainant got issued legal notice dated 02.08.2022 calling
upon the accused to pay the amount covered in the cheque. The
notice was duly served on the accused on 06.08.2022. Inspite of
service of notice, the accused failed to pay the claim amount to
the complainant within the statutory time. Therefore, the
C.C.No.29738/2022
accused has committed the offence under Section 138 of
Negotiable Instruments Act. Therefore the complainant has filed
the complaint.