Appellant has filed this appeal U/s.374 of Code of
Criminal Procedure assailing the judgment of conviction
and order of sentence passed in C.C.No.17765/2019
dated 17/07/2023 on the file of XXII Addl.Chief
Metropolitan Magistrate, Bengaluru.
2. Rank of the parties is referred to as per their
ranks assigned before the trial court.
3. The facts of the case leading to this appeal
may be summarized as under;
3
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The respondent is complainant before the trial
court, he has filed a complaint U/s.200 of Code of
Criminal Procedure alleging the offence committed by
the accused punishable U/s.138 of Negotiable
Instrument Act (herein after referred as N.I.Act).
According to the complainant, himself and accused are
known to each other, accused is the friend of
complainant’s son by name Sri. Dhananjaya and was
frequently visiting his house, out of such acquaintance,
accused approached the complainant during first week of
January 2018 seeking hand loan to the tune of
Rs.2,70,000/- in order to meet his financial and domestic
distress, considering his request the complainant gave
said amount in the last week of January 2018 by way of
cash with certain conditions, which were voluntarily
agreed upon by both the parties and also accused
agreed to repay the said loan amount on or before
Crl. Appeal No.1137/2023
January 2019 and towards discharge of legal liability he
had issued a cheque bearing No.364417 dated
29/04/2019 for a sum of Rs.2,70,000/- drawn on ICICI
Bank, Indira Nagar branch, Bengaluru, after stipulated
period the complainant presented the said cheque
through his banker i.e. Bank of India, Jnanajyothi Nagar
branch, Ullal for crediting the same, but to his utter shock
the said cheque came to be dishonored for the reason
account closed as per the bank endorsement dated
30/04/2019, as such complainant immediately got issued
legal notice dated 22/05/2019 calling upon the accused
to repay his loan amount, but the said notice was
returned with a shara addressee left on 23/05/2019,
therefore after due compliance of ingredients of Section
138 of Negotiable Instrument Act filed a private complaint
against the accused. The trial court took cognizance and
after going through the materials, found prima facie case
Crl. Appeal No.1137/2023
against accused for the offences punishable under
Section 138 of Negotiable Instrument Act, registered
criminal case and issued summons.