The present complaint is filed under section 200 of
code of criminal procedure against the accused for the
dishonour of cheque at Ex.P.1 punishable under section
138 of the Negotiable Instruments Act ( in short referred as
“N.I. Act”).
02. The factual matrix of the averments of the complaint
are as under :
It is stated that, the Complainant and the accused
acquainted with each other and in order to get the medical
treatment of her husband the accused has borrowed a sum
of Rs.6 lakhs from the Complainant on 20.08.2018 in cash
and to repay the said amount the accused has issued
cheque bearing No. 037680 dated 24.12.2020 for Rs. 6
lakhs drawn on SBI, Dasanapura Branch, Bangalore . On
23.03.2021 the Complainant has presented the said
cheque with his banker for encashment, it has returned
unpaid due to “Funds insufficient” as per the return memo
dated 25.03.2021. Thereafter on 20.04.2021 the
Complainant got issued demand notice to accused through
his counsel by RPAD, which was served on the accused on
22.04.2021. In spite of service of demand notice the
accused has failed either to pay the cheque amount or to
give any reply notice. Accordingly, it is sought to convict
the accused by granting compensation under section 357 of
Code of Criminal Procedure.