This is a private complaint filed U/Sec.200 of Cr.P.C.
against the accused for the alleged offence punishable
U/Sec.138 of Negotiable Instrument Act.
2. The brief facts of the case of the complainant is
that:
The complainant and accused are good friends and
accused is a distant relative through the mother of the
complainant and have good acquaintance since several years.
During the month of June 2020, accused has approached the
complainant and requested him to lend handloan for his
urgent needs. In view of the good relationship between the
family of the complainant and the accused, the complainant,
as well as his wife had agreed to grant financial assistance of
Rs.10,00,000/-. Out of which, the complainant paid
Rs.4,85,000/- through RTGS and Rs.15,000/- through NEFT
on 30.09.2020 to the accused. At the time of taking the loan,
accused had promise that he would repay the same within a
period of six months. After completion of six months, accused
failed to repay the amount to the complainant and after
repeated requests and demands made by the complainant and
his wife, towards the discharge of the liability, the accused
issued a cheque bearing No.450280 dated 06.09.2021 for a
sum of Rs.5,00,000/-, drawn on State Bank of India, Kudur
Branch, Bengaluru. As per the instruction of the accused,
complainant has presented the said cheque for encashment
through his banker Axis Bank, J.P.Nagar Branch, Bengaluru,
but the said cheque came to be dishonored and returned with
shara “Payment stopped by the drawer”. Hence he has issued
legal notice on 13.10.2021 through RPAD to the accused
address and the same was served. The accused has not paid
the amount, and hence, the complainant has filed the present
complaint before this Court.