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This case is registered against the accused for the
offence punishable U/s 138 of Negotiable Instruments
Act.
2. Factual matrix of the complainant’s case is as
under:
It is stated that the complainant knows the accused
since many years. After the death of the husband of the
complainant, the accused was in continues touch with the
complainant. The complainant trusted the accused and
also seeking advice for each and every aspects of her life.
On 17.01.2018 the accused asked the loan of Rs.9 lakhs
for his financial difficulty to the complainant and also
promised to pay it within 12 months with interest @ 12%
per year. Accordingly, the complainant has transferred
the amount of Rs.8 lakhs through RTGS from SBI Bank to
the account of the accused on 17.01.2018 and also
transferred Rs.1 lakh through cheque bearing No.826483,
drawn on Canara Bank, Visweswarapuram, Bangalore on
06.02.2018. After lapse of one year the accused did not
come forward to repay it. The complainant has
approached him requested to repay the amount many
times. Finally the accused during the end of November
2021 has issued a cheque bearing No.000062 dated
01.12.2021 for Rs.13,05,000/-, drawn on HDFC Bank,
Gandhi Bazar Main Road Branch, Bengaluru towards
repayment of the entire loan amount with interest @ 12%
per annum. As per request of the accused when the
complainant has presented the cheque to the bank, but it
got dishonoured for the reason ‘Dormant ISF’ vide memo
dated 03.12.2021. The complainant got issued a legal
notice on 16.12.2021 demanding the accused to make
payment of cheque amount within 15 days. However, the
accused has not responded for the same and not repaid
the amount. Hence the complainant has constrained to
file the present complaint.
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