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This is a private complaint filed under section 200 of
Cr.P.C., against the accused for the offence punishable under
section 138 of the Negotiable Instruments Act.
02.The brief facts of the complaint is as under:
The accused and his wife Smt. Deepa have entered
into an agreement of sale with the wife of complainant
smt.B.M.Netravathi on 06-05-2015, with respect to the
House Property bearing Sl.No.1101, Khata No.979,
Property No.133, Site No.65/A and 65/B, situated at
Rayasandra Village, Sarjaura Hobli, Anekal Taluk,
Bengaluru District for a valuable sale consideration of
Rs.62,00,000/-. On the date of sale agreement the
complainant and his wife have paid a sum of
Rs.35,00,000/- as advance sale consideration to the
accused through a cheque bearing No.331903. The
complainant has paid additional advance amount of
Rs.5,00,000/- to the accused on 15-05-2015 by way of
cheque bearing No.331904 and same is acknowledged by
the accused on sale agreement. Thereafter, the accused
has revised the sale consideration amount from
Rs.62,00,000/- to Rs.76,00,000/-. Further the accused
requested the complainant to pay the remaining sale
consideration amount of Rs.36,00,000/-, undertaking to
register the sale deed on 21.09.2015. Believing the
accused version the complainant has paid a sum of
Rs.35,80,000/- by way of cash. But on 21.09.2015
accused failed to register the sale deed and stated that, it
will take another 6 to 8 moths to get the katha of the
said property in their name. Therefore the complainant
requested to pay back the consideration amount paid by
him. In order to repay the said amount, accused has
issued four cheques to complainant. The cheque in
question in this case bearing No.164339 for
Rs.5,00,000/- is one of the said four cheques. The
complainant presented the said cheque for encashment
through his banker ICICI Bank, Sarjapura Main Road
Branch, Ibbalur. The said cheque is returned unpaid with
bank endorsement dated:13-01-2016 for the reason
“Funds Insufficient”. Thereafter, the complainant has
got issued legal notice to the accused through his counsel
on 05-02-2016 through RPAD. The said notice was
returned as “Unclaimed/Returned to Sender on 24-02-
2016. But, the accused has failed to make payment of
cheque amount. Hence, complainant has filed this
complaint on 05-03-2016.
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