The complainant has filed this complaint against the accused
under section 200 of the Cr.P.C, alleging that, the accused has
committed an offense punishable under section 138 of the
Negotiable Instruments Act.
2. The brief facts of the complainant’s case are as follows :
The complainant submits that the accused, known him for
several years and being his close friend, and her husband sought
financial assistance of Rs.4 lakh from the complainant;
accordingly, the accused and her husband executed a credit
agreement dated 28.06.2017. The accused promised to repay the
said amount within one year. After the completion of the stipulated
period, the complainant approached the accused and demanded to
pay the loan amount. After repeated requests, the accused was
issued a cheque bearing 000017 dated 08.04.2019 for Rs. 4 lakh,
drawn on PMC Bank Limited, Mahalakshmi Layout Branch,
Bengaluru. The accused had assured the complainant that the
cheque would be honoured on its presentation, reposing the
CC No. 12981 / 2019
confidence in the assurance given by the accused. The complainant
presented the said cheque for collection on the same day to his
banker, i.e., Canara Bank, Srirampura Branch, Bengaluru. But the
said cheque came to be dishonoured due to ‘insufficient funds’ as
per the bank endorsement dated 09.04.2019. The factum of
dishonour of the cheque was duly communicated to the accused by
issuing a legal notice dated 15.04.2019, which was duly served to
the accused. Despite the service of notice, the accused neither paid
the cheque amount nor issued a reply notice; hence, the
complainant has filed his complaint against the accused.