01. This case is registered U/sec.200 of
Cr.P.C based on the written complaint given by the
complainant against the accused for the offence
punishable under Section 138 of Negotiable
Instrument Act, 1881 (hereinafter called as NI Act
for the purpose of brevity).
02. The case of the complainant in brief is as
under : –
The complainant and accused are known to
each other. The accused in the 2 nd week of April,
2006 has approached the complainant and
borrowed hand loan of Rs.10,00,000/- for
liquidating her Bank debts and for other family
necessities. The accused has failed to pay the said
hand loan amount within one year as agreed by
her. Upon insistence, she has issued a cheque
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KABC030043832008
bearing number 157457 dated 16.07.2007 for sum
of Rs.6,00,000/- drawn on State Bank of Mysore,
Vijayanagar Branch, Bengaluru towards the part
payment of the hand loan. As per the instruction
of the accused, when the complainant has
presented the said cheque through her banker i.e.
Corporation Bank, Girinagar Branch, Bengaluru,
the same came to be dishonoured with an
endorsement as “Funds insufficient” on
19.07.2007. When the said fact brought to the
knowledge of the accused, she has requested the
complainant to re-present the cheque during the
first week of September 2007. Accordingly when
the complainant has re-presented the cheque,
again it came to be dishonoured on 06.09.2007 as
“Funds insufficient”. Once again the complainant
has brought to the knowledge of the accused
regarding the dishonour of the cheque. She again
CC.No.3744/2008
KABC030043832008
requested the complainant to re-present the
cheque during the first week of December 2007.
