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.2910/2019 dated 01.09.2022 on the file of XI
ACMM & SCJ, SCCH-12, 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 limited company incorporated
under the Company’s Act. Complainant introduced a
scheme for disbursing commercial vehicle loans.
Accused availed commercial vehicle loan of
Rs.6,61,263/- on 24.02.2018 under loan reference
No.KABNBS00953 and agreed to repay loan in 35
equated monthly installments. Accused failed to make
repayment and issued cheque bearing No.082767
dated 17.01.2019 for Rs.6,61,000/- drawn on Vijaya
Bank towards loan amount. The said cheque was
presented for encashment through its Banker State
Bank of India, Bengaluru and the said cheque
returned with endorsement “Funds Insufficient” by
memo dated 19.01.2019. Complainant got issued
legal notice dated 11.02.2019. The said notice
returned with endorsement “Addressee Left”. Hence,
complainant constrained to set law into motion.