The appellant / accused has filed appeal under section
374(3) of Code of Criminal Procedure challenging the judgment
dated 10/02/2017 passed in C.C.No.18965/2015 on the file of
XV 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 he was
running the chit business in his residence on 15 th of every month.
The accused being close friend and was also his family friend had
subscribed for a chit of Rs.5,00,000/-. On 15/04/2014 the
accused participated in the 23rd chit and was the successful
bidder. After deduction of sodi amount of Rs.1,37,000/- he
received a sum of Rs.2,60,000/-. The accused paid the chit
subscription till 29th chit and after all the adjustment the accused
was liable to pay a sum of Rs.3,50,000/-. The accused towards
repayment of the same had issued cheque bearing No.004741
dated 12/03/2015 for Rs.3,50,000/- drawn on Nyayamithra
Cri.A.No.261/2017
Sahakara Bank Niyamita, High Court Building, Ambedkar Veedhi,
Bengaluru. When the cheque was presented by the complainant
for encashment through his banker Canara Bank, Chickpete
Branch, Bengaluru, same came to be dishonoured with shara
‘funds insufficient’ on 13/03/2015. When the said fact was
intimated to the accused they requested to present the cheque for
second time assuring to maintain sufficient balance. As per the
request of the accused when the complainant presented the
cheque for the 2nd time on 6/06/2015 through his banker
Karnataka State Co operative Bank Ltd, same was returned with
shara payment stopped by drawer. The complainant issued legal
notice dated 20/06/2015 calling upon the accused to pay the
cheque 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.