This case has arisen as a result of the
complainant filing a complaint against the accused
under Section 138 of the Negotiable Instruments
Act.
2. The relevant facts required to adjudicate
this case are as follows:
The accused and the complainant are known
to each other since 20 years and in the backdrop of
C.C.No.952/2023
this acquaintance, the accused borrowed a sum of
Rs.4 lakhs for the development of his Gym on
02.09.2022. The accused executed a promissory
note in favour of the complainant and also issued a
cheque bearing No.012763 dated 02.12.2022 for a
sum of Rs.4,00,000/- drawn on Union Bank of
India, Haines Road branch, Bangalore. In discharge
of the said legally recoverable debt. When the
cheque was presented for encashment it was
dishonoured for ‘Account Blocked”. Legal notice
dated 16.12.2022 was issued. Even after the expiry
of statutory period, the accused did not repaid the
amount. Therefore, invariably this complaint was
filed.
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