01. The complainant has filed the present case against
the accused alleging commission of the offence punishable
under section 138 of Negotiable Instrument Act.
02. In brief case of the complainant is as follows:-
The complainant and her family members and the
accused and his family members are known to each other for
several years. The accused is doing the business of selling
eggs under the name and style S.V Eggs and Chicken center
at Pavagada and he is also doing the business of real estate.
Sri. P.A Ravindra reddy who is the husband of the
complainant is also doing the business of real estate and the
same is also know to the accused. There was financial
transaction between the accused and the husband of the
complainant for the last few years. In the first week of
January 2021 again the accused sought for financial
assistance with her husband. But as the husband of the
complainant had already given huge amount to the accused
in the past, he expressed his difficulty to further lend him
money. Inspite of the same the accused once again
approached the husband of the complainant along with his
wife and requested for loan by explaining his necessity of
money for his business and the complainant was also
present during that time. The accused and his wife started
requesting the complainant also to arrange for money.
Accordingly the complainant informed the accused and his
wife to meet her after two days. Accordingly the accused and
his wife came to the complainant along with their common
friend Sri. Narayanappa, after two days and again requested
the complainant for financial assistance and also assured
that they will repay the same within 6 months. By taking
into considerations of the relationship of the accused and his
wife with the Complainant and her family members the
complainant gave a sum of Rs.5,00,000/- to the accused on
13-01-2021 through RTGS and a sum of Rs.5,00,000/- by
way of cheque bearing No.133 on 02-02-2021 which is
transferred to the account of the accused from the bank
account of the complainant which is maintained at Bank of
Baroda. The accused in all received a sum of Rs.10,00,000/-
from the complainant and assured her that he will repay the
same within 6 months.
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