:
The complainant filed complaint Under Section 200
of Code of Criminal Procedure 1973 for the offence
punishable Under section 138 of Negotiable instrument
Act.
2. The factual matrix of complaint is as
under:-
The accused had borrowed a loan of Rs.5,00,000/
from the complainant a sum of Rs.5,00,000/- and agreed
to repay the same within 10 equal monthly installments
of Rs.50,000/- with interest at the rate of 16% p.a. for the
SCCH-5
said loan, accused has executed an ‘on demand
promissory note along with consideration receipt’ . As per
the agreed terms, the accused has paid only a sum of
Rs.1,09,250/- to the complainant. Inspite of several
approaches, requests and demands, the accused has
failed to pay the principal amount and agreed interest to
the complainant. Further contended that, complainant
got issue demand notice through RPAD to the accused
calling upon to pay the principal amount due and interest
amounting to Rs.3,90,750/-. To discharge her liability,
accused has issued a post dated cheque bearing
No.000025 dated 05.02.2024 for a sum of Rs.3,90,750/-
