This case arises out of the complaint filed by the
complainant against the accused under section 200 of
Cr.P.C,. for an offence punishable under section 138 of
Negotiable Instruments Act.
2. The case of the complainant’s in brief is as
under:
It is the case of the complainant is that the
complainant is a private limited company and carrying
business as distributors for Micromax mobiles and other
home appliances represented by its director, who is
incharge of the company’s affairs and looking after the
day today affairs of the company. Further stated that the
accused is carrying on business as a dealer for
Micromax mobile and have been purchasing mobile
smart phones from the complainant from time to time on
credit basis. Further the books of account maintained by
the complainant in the normal course of business for the
period from September 2013, shows that the accused is
due of Rs.1,98,70,918/-. Further the accused towards
part payment of the dues, had issued the cheque
No.247309 dated:12.12.2016 for Rs.1,50,00,000/- drawn
on Andhra Bank, Nagole Branch, Hyderabad. As per the
request of the accused the complainant had presented
the said cheque for encashment through its banker State
Bank of India, SME Branch, Jayanagara, Bangalore-78.
But on 13.12.2016 the said cheque was dishonored as
C.C.NO.25147/2018
‘Funds Insufficient’. Thereafter, on 26.12.2016 the
complainant got issued a legal notice to the accused
through its counsel calling upon her to pay the cheque
amount within 15 days from the date of receipt of the
said notice. The said notice was duly served to the
accused on 30.12.2016 and on 11.01.2017 she sent an
untenable reply notice through her counsel. But she
failed to repay the cheque amount. As such, the accused
have committed an offence punishable under section
138 of N.I.Act. Hence, the present complaint came to be
filed before this court on 18.02.2017 after expiry of the
stipulated period.