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This case is registered against the accused for the
offence punishable U/s 138 of Negotiable Instruments
Act.
2. Factual matrix of the complainant’s case is as
under:
It is stated that the accused is the close friend of
complainant from 3 years and accused has approached
the complainant and sought loan of Rs.5 lakhs for his
legal necessities on 15.06.2021. Considering the same
complainant has given loan amount of Rs.5 lakhs on
03.07.2021 and accused has agreed to repay it and also
executed an agreement on 03.07.2021 and issued
postdated cheque on the same date for the repayment of
the loan. After that the complainant has asked to repay
the amount, that time the accused has requested to
present the cheque to the bank, as such the complainant
has presented the cheque to his banker, but it got
dishonoured for the reason ‘Payment Stopped by Drawer’
vide memo dated 27.07.2021. The complainant got issued
a legal notice on 04.08.2021 demanding the accused to
make payment of cheque amount within stipulated period
and the notice was served upon the accused on
06.08.2021. However, the accused failed to make
payment of the cheque amount. Hence the complainant
has constrained to file the present complaint.
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