:
This is the complaint instituted by the complainant
against the accused under Section 200 of Cr.P.C. for the offence
punishable under Section 138 of Negotiable Instruments Act-
1881.
2. The Case of the complainant as per complaint
averments is as follows:
The complainant is a company registered under the
Companies Act, 1956 and provides loan facility to its
SCCH-10
customers. The accused approached the complainant company
and availed the loan of Rs.6,74,000/- on 26.08.2022 by entering
into a Loan agreement and purchased M 575 DI XP PLUS-47
HP vehicle. The accused is a chronic defaulter in payment
ofmonthly installments, as a result, said vehicle was
repossessed, which was hypothecated in favour of complainant
and was sold it on highest market value of Rs.5,10,000/- and
same was appropriated to due amount. On adjusting the sale
proceeds, the accused was due a sum of Rs.1,40,807/- including
interest to the complainant company. After repeated request,
in discharge of his liability, the accused has issued a cheque for
the said amount and when the said cheque was presented,
same has been returned dishonoured with an endorsement
“Drawers Signature differs”. Thereafter, the complainant got
issued a legal notice calling upon the accused to pay the
amount covered under the cheque. Despite receipt of notice, the
accused has not paid the cheque amount. Thus, the accused
SCCH-10
has committed the offence punishable U/Sec.138 of Negotiable
Instruments Act. Hence, this complaint.
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