The complainant has filed this private complaint
U/s.200 of Cr.P.C., against the accused for the offence
punishable U/s 138 of the Negotiable Instruments Act.
2. The factual matrix of the case are as follows:-
The complainant and the accused are well known
to each other for the past several years as the accused
is none other than the complainant’s son’s friend. In
this regard, the accused approached the complainant
for financial assistance in a sum of Rs.5,00,000/-
3
C.C.No.55202/2021
(Rupees Five lakhs only) to meet his domestic and
other legal necessities in the month of May 2020.
Considering the request and acquaintance, the
complainant has arranged and paid a sum of
Rs.4,50,000/- (Rupees Four lakhs fifty thousand only)
on 01.06.2020 by way of cash and the accused has
acknowledged the receipt of the said sum. At the time
of acknowledging the receipt of the said sum, the
accused has agreed and undertook to repay the above
said amount of Rs.4,50,000/- (Rupees Four lakhs fifty
thousand only) to the complainant within eight
months from the date of borrowal. Even after
completion of eight months from the date of
borrowal, the accused failed and neglected to repay
the said sum of Rs.4,50,000/- (Rupees four lakhs and
fifty thousand only) to the complainant. In this
regard, the complainant has made repeated requests
and demands, but the accused has failed and
neglected to repay the above said amount of
Rs.4,50,000/- to the complainant. Due to Covid-19,
the accused postponed the repayment of the above
C.C.No.55202/2021
said amount of Rs.4,50,000/- to the complainant.
Thereafter, the complainant has made repeated
requests and demands to repay the above said amount
to the complainant. Therefore, the accused has issued
in favour of the complainant in the month of June
2021 a postdated cheque bearing No.817577 for a sum
of Rs.4,50,000/- dated 14.07.2021, drawn on Axis
Bank Limited, Indiranagar branch, Bengaluru. At the
time of issuance of the above said cheque, the
accused has agreed and undertook to honour the
above said cheque without fail. Believing the words of
the accused, the complainant presented the said
cheque for encashment through his banker Indian
Bank, K.R. Puram branch, Bengaluru-560036, on
17.07.2021, but it came to be dishonored for the
reason “Funds insufficient” vide. bank endorsement
dated 21.07.2021. Therefore, the complainant got
issued legal notice to the accused on 04.08.2021
calling upon the accused to pay the cheque amount.
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