This is a private complaint filed by the complainant
against the accused for the offence punishable under
Section 138 of Negotiable Instruments Act.
2. The brief facts of the complainant’s case is as
under:
It is contended that, the accused being well acquainted
with the complainant has borrowed hand loan of
Rs.4,50,000/- on 20.06.2019 for the purpose of performing
the marriage of his son assuring that, he would return back
the amount within four months. After the lapse of four
months, ie., on 21.10.2019 the accused issued the post
dated cheque bearing No.355535, dt;28.10.2019, for
Rs.4,50,000/- drawn on SBI, Shivajinagar Branch,
Bangalore-01, assuring that, on its presentation, it would be
honored. Believing the representation, when the
C.C.No. 2210/2020
complainant presented the cheque through his banker ie.,
Canara Bank, Hegganahalli cross branch, it dishonored with
shara as “Exceeds Arrangement” dt:31.10.2019. Thereby,
the complainant got issued the demand notice
dt:08.11.2019 through RPAD, which served on the accused.
Despite which he has not chosen to comply it, which has
given cause of action to file the present complaint.