The complainant has filed this complaint under section
200 of the Cr.P.C, alleging that, the accused has committed an
offense punishable under section 138 of the Negotiable
Instruments Act.
2. The brief facts of the complainant’s case are as follows:
It is the case of the complainant that, the accused is his
close family friends, based on the acquittance, the accused
approached him on 01.08.2018 for seeking financial assistance
of Rs.3,30,000/- for her personal domestic needs, accordingly
the complainant had paid the loan amount in two installments,
first installment of Rs.2,00,000/- in cash on 01.08.2018 and
remaining amount of Rs.1,30,000/- in cash on 05.08.2018, the
accused had agreed to repay the loan within six months, after
completion of stipulated period the complainant demanded the
accused to repay the loan amount, but she went on postponing
the payment of loan under one or other pretext, after repeated
requests and personal approaches, the accused had issued two
cheques bearing no.562684 dated 25.08.2020 for Rs.2 lakh
CC No. 4357 / 2021
and another cheque bearing no.201489 dated 25.08.2020 for
Rs.1,30,000/- both cheques drawn on Karnataka Bank,
Amarjyothinagar Branch, Bengaluru. As per the request of the
accused the complainant presented the said cheques for
collection on 23.09.2022 through his banker that is Canara
Bank, Wilson Garden Branch Bengaluru, but the cheques issued
by the accused came to be dishonoured due to insufficient funds’
as per bank endorsement dated 24.09.2020, immediately
thereafter, the complainant and his wife approached the accused
on 25.09.2020 at her residence and informed her about
dishonour of cheque due to insufficient funds in her account,
the accused had promised to repay the amount within two to
three days, even after granting time the accused failed to pay the
cheque amount, accordingly the complainant got issued a
demand notice to the accused on 23.10.2020, which was
returned unserved with an endorsement ‘ Addressee left without
intimation’ as per postal endorsement dated 27.10.2020, the
complainant sent the legal notice to the last known address of
the accused, despite of issuance of the notice, the accused failed
CC No. 4357 / 2021
to repay the cheque amount nor issued a reply notice, hence the
complainant has filed this complaint.