This appeal is filed U/s.374(3)of Cr.P.C. by the
accused against the judgment of conviction dated:
06.01.2025 passed in C.C.No.36303/2022 by learned XII
ACJM, Bengaluru, for the offence under S.138 of
Negotiable Instruments Act [for short ‘N.I. Act’]
(2) The parties are referred to their rank before
the trial court.
(3) The case of the complainant is briefly stated
as follows:
The accused is the owner of the residential flat, Pent
House in R.R.Enclave situated at Vinayaka Layout,
Kodigehalli, Yelahanka, Bengaluru. The complainant is
residing in the said house under the lease agreement
dated 30.11.2019 executed by the accused. The lease
period was from 30.11.2019 to 30.11.2021. The
complainant has paid a sum of Rs 8,00,000/- towards the
Cri Appeal No.250/2025
lease amount to the accused. Out of the lease amount,
he has paid sum of Rs 7,50,000/- through RTGS and Rs
50,000/- by way of cash to the accused. After expiry of
the lease period, the complainant requested the accused
to repay the lease amount, but the accused has failed to
repay the said lease amount. Hence the complainant got
issued a legal notice dated 01.03.2021 demanding to
repay the lease amount. Despite the same, the accused
did not repay the lease amount. Hence the complainant
lodged a complaint against the accused on 22.06.2022
before the Yelahanka Police. After registration of the
case, the accused approached the complainant and
executed a letter of consent dated 29.06.2022 wherein
the accused agreed to repay the lease amount in two
installments and also issued two cheques bearing No.
001804 and 001805 for Rs 4,00,000/- each dated
29.09.2022 and 29.10.2022 respectively drawn on Union
Bank of India, R.T.Nagar Branch, Bengaluru, with a
assurance that the same will be honoured on its
presentation. Accordingly the complainant presented the
cheque No. 001804 for encashment, but for his surprise
the same got dishonoured for the reason “funds
Cri Appeal No.250/2025
insufficient” as per memo dated 30.09.2022. Thereafter
the complainant got issued demand notice dated
18.10.2022 calling upon accused to pay the cheque
amount within the stipulated period. Inspite of service of
demand notice, the accused did not paid the amount
covered under the cheque nor has given any reply.
