This case arises out of the private 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 public limited company engaged in the
business of extending financial facility to prospective
customers under their various finances schemes.
Further stated that in the course of its financial
services, they have introduced Home Loan Finance
facilities for the benefit of its customers. Further under
this facility, the accused had applied for a home loan
finance facilities and the same was issued to him
bearing loan agreement NO.XRESBLL00158485 and
he had agreed to abide by the terms and conditions.
Further stated that the accused availed the facility and
utilized the same. The accused towards full and final
discharge of payment liability had issued the cheque
No.257510 dated: 31.10.2016 for Rs.2,78,896/- drawn
State Bank of India, Station Road, Bellary. The
complainant presented the said cheque for encashment
through its banker Axis Bank Ltd. But the said cheque
C.C.NO.3871/2017
was dishonored on 25.11.2016 as “Funds Insufficient”.
Thereafter on 09.12.2016 the complainant got issued a
legal notice to the accused through its counsel calling
upon him to pay the cheque amount within 15 days
from the date of receipt of the notice. The notice sent
through RPAD was returned with a shara “Refused”.
Inspite of issuance of the legal notice, the accused
neither reply the notice nor paid 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
16.01.2017.