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This is a private complaint filed under section 200 of
Cr.P.C., against the accused for the offence punishable under
section 138 of the Negotiable Instruments Act.
02.The brief facts of the complaint is as under:
The complainant and accused are friends for more than
15 years. In that acquaintance on 25.07.2018 the accused
has approached complainant for hand loan of Rs.
3
C.C.No.8706/2022
17,00,000/-. The complainant has lent Rs.17,00,000/- of
hand loan to the accused in three installments as
Rs.5,00,000/- on 04-08-2018, Rs.5,00,000/- on 10-09-2018
and Rs.7,00,000/- on 10-10-2018 by way of cash. The
accused promised to repay the said amount by the end of
December 2018. But accused has failed to make re-payment
within agreed time period and obtained further time of a year.
Even after accused failed to repay the loan amount. The
complainant approached Koramangala Police station on 06-
10-2021 fo recovery of money. During enquiry by police,
accused has agreed to return the amount within three
months. On 20-11-2021, the accused has paid Rs.2,50,000/-
in cash to the complainant and issued a post dated cheque
bearing No.000001 dated 22-11-2021 for Rs.14,50,000/- in
favour of the complainant. The complainant presented the
said cheque for encashment through his banker State Bank of
India, Koramangala Branch, Bengaluru on 26-11-2021. The
cheque is dishonoured for the reason “Account Closed” as
per bank endorsement dated 29-11-2021. Thereafter, the
C.C.No.8706/2022
complainant has got issued demand notice through registered
post to accused on 18-12-2021. The said notice was returned
unserved for the reason “unclaimed” on 20-12-2021. Till
date, accused has failed to make payment of cheque amount.
Hence, complainant has presented this complaint on 17-01-
2022.
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