The appellant / accused has filed appeal under section
374(3) of Code of Criminal Procedure challenging the judgment
dated 04/12/2019 passed in C.C.No.2014/2018 on the file of
Additional Small Causes Judge and IV ACMM, Bangalore.
2. The appellant is the accused and respondent is the
complainant before the trial Court. For the sake of convenience
the parties are referred by their ranks before the trial Court.
3. The brief facts of the complainant’s case is that accused is
residing near by her house since 10 years and the accused is an
employee of garment factory and well acquainted with the
complainant. On the said acquaintance, accused borrowed a
sum of Rs.5,20,000/- from the complainant in the month of
November 2015 by way of cash and cheques agreeing to repay the
same within six months. After lapse of six months when the
complainant demanded to repay the amount, towards the
discharge of the said amount the accused issued two cheques
bearing No.495547 dated 07/03/2018 for Rs.2,50,000/- and
cheque bearing No.495548 dated 07/03/2018 for a sum of
Rs.2,50,000/- drawn on Karnataka State Co-operative Apex Bank
Ltd. Rajajinagar Branch, Bengaluru. When the cheques were
presented by the complainant for encashment through her banker
Cri.A.No.65/2020
Karnataka State Co-operative Apex Bank Ltd., Vijayanagar
Branch, Bengaluru, said cheques came to be dishonoured for the
reason ‘drawers signature differs’ as per memo dated 09/03/2018.
The complainant got issued a legal notice dated 20/03/2018
calling upon the accused to pay the cheques amount. Inspite of
said legal notice appellant has not repaid the loan amount.
Therefore, the complainant has filed the private complaint before
the learned Magistrate.