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 :
The complainant submits that the accused was the close
friend of her brother-in-law by the name of Kodandarama; both
of them engaged in the film production line. The accused used to
borrow the amount from Kodandarama for the purpose of film
production. Whenever the relative of the complainant by the
name of Kodandarama was not having funds, then he used to
take financial assistance from the complainant and also used to
take financial assistance from his relatives. Earlier, the relative
of the complainant, by the name of Kodandarama, had given
financial assistance to the accused for the production of the
‘Ranga SSLC’ movie. After completion of the said movie, the
accused undertook the production of another movie by the name
‘ TIGER GALLI’, and to produce the film, he needed immediate
CC No. 29102 / 2021
financial assistance of Rs.35 lakh. As usual, he approached the
relative of the complainant by the name of Kodandarama in the
month of October-November 2016 and sought financial
assistance of Rs.35 lakh, but at that time, the said Kodandaram
did not have enough funds, so he introduced the accused to the
complainant and requested her to make financial assistance to
him for Rs.35 lakh, and the accused promised her to repay the
amount after completion of the movie. Since the accused sought
huge amount, the complainant took financial assistance from
her relative and friend by name Ganesh, Raghu Kumar, Om
Prakash Verma, Arun Kumar, they gave total amount of Rs.33
lakhs to the complainant in cash and she paid balance of
amount of Rs.2 lakhs, total she gave a sum of Rs.35 lakhs to the
accused in cash in two installments, out of total amount, the
accused paid a sum of Rs.5 lakhs to the complainant through
RTGS on 10.01.2020, and to pay remaining amount, the accused
had given three cheques bearing no.104016 dated 15.11.2020
for Rs.10 lakh, another cheque no.104017 dated 15.12.2020 for
Rs.10 lakh and another cheque bearing no.104018 for Rs.10
lakh on 15.01.2021, all the cheques drawn on IDBI Bank,
CC No. 29102 / 2021
Gandhinagar Branch, Bengaluru. At the time of issuance of the
cheques, the accused assured the complainant that all the
cheques would be honoured on their presentation to the bank for
collection. The accused subscribed his signature on the cheques,
the remaining particulars filled by his office assistant by name,
Ms Deepasri. As per the instructions of the accused, the
complainant presented the above-mentioned cheques for
collection through her banker, State Bank of India, J.C.
J.C.Road Branch Bengaluru on 04.02.2021, but all the cheques
were dishonoured due to insufficient funds. The factum of
dishonour of cheque was duly communicated to the accused by
issuing a legal notice dated 02.03.2021; the notice sent to the
residential address of the accused was duly served to him, and
the notice sent to his office address returned with the
endorsement ‘intimation delivered unclaimed’. Despite the
service of the notice, the accused neither repaid the cheque
amount nor issued a reply notice.
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