The appellant / accused has filed appeal under section
374(3) of Code of Criminal Procedure challenging the judgment
dated 30/12/2021 passed in C.C.No.24285/2019 on the file of
XVI ACMM, Bangalore.
2. The appellant is the accused and respondent is the
complainant before the trial Court. For the sake of convenience
the parties are referred to by their ranks before the trial Court.
3. The brief facts of the complainant’s case is that accused
along with her husband Chiranjeevi were engaged in flower
decoration business and are his family friends since 12 years. On
the basis of said acquaintance husband of accused approached
him during the month of May 2018 seeking for financial help of
Rs.6,00,000/- for the purpose of business investment and he lent
a sum of Rs.6,00,000/- to the accused by way of cash and she
along with her husband acknowledged the same and agreed to pay
interest at 2% per month and to return the same within 8 to 10
months. The accused failed to pay the interest. When the
complainant demanded for repayment of the amount, towards
discharge of the amount accused issued a cheque bearing
No.368311 dated 19/06/2019 for Rs.3,00,000/- drawn on Canara
Bank, South End Circle Branch, Bengaluru. When the cheque
was presented by the complainant for encashment through his
Crl.A.No.202/2022
banker Canara Bank, Banashankari 2nd Stage branch, Bangalore
same came to be dishonoured with shara ‘funds insufficient’ on
19/06/2019. The complainant issued legal notice dated
15/07/2019 calling upon the accused to pay the cheque amount.
Inspite of said legal notice appellant has not repaid the loan
amount. Therefore, the complainant has filed the private
complaint before the learned Magistrate.
