Appellant has filed this appeal u/s 374(3) of Code of
Criminal Procedure assailing the judgment of conviction
and order of sentence passed in C.C.No.3995/2018
dated 19/03/2022 on the file of VI Addl. Judge, Court of
Small Causes and ACMM, Bengaluru.
2. Rank of the parties is referred to as per their
ranks assigned before the trial court.
3. The facts of the case leading to this appeal
may be summarized as under;
3
Crl. Appeal No.458/2022
The respondent herein is the complainant before
the trial court, she has filed a private complaint under
Section 200 of Cr.P.C, alleging the offence committed by
the accused punishable under Section 138 of
Negotiable Instrument Act (herein after referred as N.I.
Act). According to the complainant, herself and accused
are residents of same locality and known to each other
for more than 10 years, accused approached the
complainant for an hand loan of Rs.3,50,000/- with an
assurance to repay the same by the end of June 2017,
as such considering the request, complainant paid
Rs.1,00,000/- on 03/04/2017, Rs.1,00,000/- on
14/04/2017 and Rs.1,50,000/- on 25/04/2017
respectively, thereafter the accused failed to repay the
loan amount to the complainant within the agreed period
of time, as such complainant demanded the accused to
repay her loan amount, thereafter accused towards
Crl. Appeal No.458/2022
discharge of the said loan issued a cheque bearing
No.083160 dated 14/06/2018 for a sum of Rs.3,50,000/-
drawn on Axis Bank Ltd., Malleshwaram branch,
Bengaluru, the same was presented through her banker
as per the instruction of the accused, the same was
dishonored and returned with an endorsement of
‘account closed’ vide memo dated 18/06/2018, as such
the complainant issued a legal notice demanded for
payment of loan amount on 16/07/2018, the same was
duly served on the accused, on the other hand the
accused neither chosen to give any reply nor repaid the
amount covered under the cheque, therefore after due
compliance of ingredients of Section 138 of Negotiable
Instrument Act filed a private complaint against the
accused. The trial court took cognizance and after going
through the materials, found prima facie case against
accused for the offences punishable under Section 138
Crl. Appeal No.458/2022
of Negotiable Instrument Act, registered criminal case
and issued summons.
