The appellant/accused has preferred this appeal
under Section 374(3) of Cr.P.C. being aggrieved by the
judgment of conviction and order of sentence passed in
C.C.No.2742/2019 dated 19.01.2024 on the file of XIX
Addl. CMM, Bengaluru.
2. For the purpose of convenience parties are
referred to as per their rank before the trial court.
Appellant was arraigned as accused and respondent
was the complainant before the trial court.
Complainant set the law into motion by lodging private
complaint under section 200 of Cr.P.C., for the offence
punishable u/s 138 of Negotiable Instruments Act
against accused.
3. The gist of the accusation in the complaint is
that, the complainant and accused are known to each
other for several years. In the 1 st week of August, 2017
the accused approached the complainant for financial
assistance of Rs.5,00,000/- as hand loan for his
business and domestic needs with a promise to repay
within seven months. On 10.08.2017 the complainant
advanced Rs.5,00,000/-. The accused towards
discharge of debt issued two cheques bearing
No.265653 dated 23.04.2018 and No.265654 dated
28.05.2018 for Rs.2,50,000/- each drawn on State
Bank of India, Nandini Layout Branch, Bengaluru.
When the complainant had presented the cheques for
encashment through his banker i.e., State Bank of
India, Mahalakshmi Layout Branch, Bengaluru, but
they were returned unpaid with bank endorsement ”
