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The present complaint is filed under section 200 of
code of criminal procedure against the accused seeking to
punish him for the offence punishable under section 138
of the Negotiable Instruments Act ( in short referred as “N.I.
Act”).
02. The case of the Complainant is summarized briefly
as under;
It is pleaded that, the Complainant is the whole sale
dealer of various kinds of Stainless Steel Utensils and
home appliances. The accused is the customer of the
Complainant and has purchased various kinds of
Stainless Steel Utensils and home appliances from the
Complainant on credit basis from time to time and in all
the accused was due and liable to pay a sum of
Rs.16,70,203/- towards principle and interest thereon at
24% p.a. as per the respective invoices. Towards part
payment of the said amount the accused had issued
cheque bearing No. 705269 dated 16.08.2018 for a sum of
Rs.2,00,000/- drawn on Syndicate Bank,
Kadugondanahalli branch, Bangalore in favour of
complainant. The Complainant has presented the said
cheque on the same date for encashment with his banker,
but it was returned unpaid due “Funds insufficient” as per
banker’s endorsement dated 18.08.2018. On 23.08.2018
the demand notice has been issued to the accused and in
spite of due service of the said notice on 24.08.2018 and
also issuance of addendum dated 28.08.2018 the accused
has neither paid the cheque amount nor has given any
reply. Hence, it is sought to convict the accused under
section 138 of NI Act and award compensation under
section 357 of Cr.P.C.
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