The present complaint is filed under section 200 of
code of criminal procedure against the accused seeking to
punish him for the offence punishable under section 138
of the Negotiable Instruments Act ( in short referred as “N.I.
Act”).
02. The averments of the complaint are summarized as
under :
It is alleged that, in the year 2015 the Complainant
has received a sum of Rs.12 lakhs as maintenance from
her husband through the court of law and the accused had
knowledge about the Complainant receiving this amount.
The accused has requested the Complainant to lend hand
loan of Rs.6 lakhs for his family needs and assured to
repay the same within 3 months therefore on 01.10.2015
the Complainant has advanced hand loan of Rs. 6 lakhs to
the accused. After expiry of the assured period when the
Complainant has demanded the accused to repay her
hand loan, the accused has dragged the time by giving one
or other reasons till April 2022. Thereafter the accused
issued 3 cheques of Rs.2 lakhs each bearing No. 198885
dated 20.04.2023, No. 198886 dated 20.12.2022 and
198887 dated 20.08.2022 all the cheques drawn on Bharat
Bank, Peenya Branch, Bangalore. However, the
Complainant has presented the cheque bearing No.
198887 dated 20.08.2022 for a sum of Rs. 2,00,000/- with
her banker for realization on 22.08.2022. But the said
cheque returned unpaid due to “Funds insufficient” in the
account of drawer as per bank return memo dated
23.08.2022. Thereafter on 21.09.2022 the Complainant
got issued demand notice to the accused through her
advocate, which was served the accused on 22.09.2022, for
which the accused gave reply through his advocate on
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