The accused in this case is tried for the offence
punishable under Section 138 of Negotiable Instrument Act
1881, on the complaint of the complainant.
2. The brief facts of the complainant’s case is that:
The complainant is a company incorporated under the
provision of the Companies Act, 1956 and the complainant
company is into business of manufacturing, distribution and
selling various kind of beverages, fruit drinks and packaged
drinking water under brand names ® Thums Up, ® Fanta, ®
SCCH 21 3 C.C.No.56086/2022
Maaza, ® Limca, ® Sprite, ® Coca-Cola, ® Kinley Water and
Soda in India. During the course of its business the accused
approached the complainant company and purchased various
products under various invoices. After regular follow-up by the
complainant company, the accused towards discharge of the
payment issued cheque bearing No.222703 dtd: 26.03.2021 for
Rs.2,36,654/- drawn on M/s Central Bank of India, Kovalam
Branch, Trivendrum. Thereafter, complainant presented the
said cheque for encashment through its banker, City Bank, M.
G. Road Branch, Bangalore, but the said cheque came to be
dishonoured for the reason “Exceeds Arrangement” on
16.06.2021. Thereafter on 01.07.2021 complainant got issued
legal notice to accused through RPAD demanding for
repayment of the cheque amount within 15 days from the date
of receipt of the notice. The said notice was served upon the
accused on 07.07.2021. But the accused has not paid the
cheque amount. Therefore, the complainant has filed this
complaint.