Appellant has filed this appeal u/s 374(3) of Code of
Criminal Procedure assailing the judgment of conviction and
order of sentence passed in C.C.No.1475/2019 dated
28.04.2022 on the file of IV Addl. Judge, Court of Small
Causes and Addl. Chief Metropolitan Magistrate, Bengaluru
(SCCH-6).
2. Rank of the parties is referred to as per their
ranks assigned before the trial court.
3 Crl.A.No.627/2022
3. The facts of the case leading to this appeal may
be summarized as under;
The respondent herein is the complainant before the
trial court. Accused approached the complainant and
availed credit facility to the tune of Rs.3,00,000/- in the
year 2016 by executing a pronote and consideration receipt
on 10.06.2016 in his favour with an assurance that he will
repay the said amount in short duration, thereafter accused
repaid a sum of Rs.50,000/- to the complainant and
subsequently issued a cheque bearing No.070025 dated
20.11.2018 for a sum of Rs.2,40,000/- drawn on Syndicate
Bank, Malleshwaram Branch, Bengaluru, upon its
presentation the same was dishonoured on 13.12.2018 with
a reason of “Account Dormant”. Therefore, complainant
issued a statutory notice on 11.01.2019 calling upon the
accused to make repayment of his loan amount which was
returned as not claimed, which amounts to deemed service,
despite the same, accused neither chosen to pay the
cheque amount nor replied to the legal notice, thereby
committed an offence punishable u/s 138 of N.I. Act.
After compliance of the ingredients of Section 138 of N.I.Act
complaint is filed. The trial court took cognizance and after
going through the materials on record, found the prima
facie case against accused for an offence punishable u/s
138 of Negotiable Instrument Act, registered criminal case
and issued summons to the accused.
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