The complainant has filed the complaint under Section 223
Bharathiya Nagarik Suraksha Sanhita (BNSS) against the
accused for the offence punishable under Section 138
Negotiable Instruments Act.
2. The brief case of the complainant is as under:
That the complainant is a company incorporated under
companies Act and engaged in the business of providing
systems (laptops, desktops and other required peripherals) on
rental basis and also selling and servicing of computers and its
components and required accessories to their customers.
Accused No.2 is a client of the complainant company
purchasing and obtaining the accessories on rental basis. That
accused No.2 being the Director and authorized representative
of accused No.1 and also the Director of M/s Aproact Facility
Management Services Pvt. Ltd, placed rental order vide order
No.LT-20044 (in the letter head of M/s Aproact Facility
Management Services Pvt. Ltd.,) and obtained desktops/ laptops
and other components on rental basis from the complainant for
C.C.No.37939/2024
the business of accused No.1. Accordingly, the accused No.2
made some payment and the accused was due to pay a sum of
Rs.5,13,300/- in respect of two invoices i.e. Invoice No. LT/23-
24/19310 dated 22.06.2023 for Rs.2,56,650/- and Invoice No.
LT/23-24/20575 dated 21.07.2023 for Rs.2,56,650/-. It is
stated that towards discharge of liability, the accused No.2
being the Director of accused no. 1 has issued a cheque bearing
No.000044 dated 16.08.2024 drawn on ICICI Bank ltd, HSR
Layout, Bangalore for a sum of Rs.5,13,300/-. It is pleaded
that the complainant has presented said cheque through its
banker i.e. ICICI Bank, Koramangala branch, Bengaluru and
said cheque returned dishonored on 16.08.2024 for the reason
“Funds Insufficient”. Hence, the complainant got issued legal
notice dated 10.09.2024 calling upon the accused to pay the
amount involved in the cheque. The notice was duly served on
the accused on 13.09.2024. Inspite of service of notice, the
accused failed to pay the claim amount to the complainant
within the statutory time. Therefore, the accused has committed
the offence under Section 138 of Negotiable Instruments Act.
