The present complaint is filed under section 2(d) read
with section 200 of code of criminal procedure against the
accused seeking to punish him for the offense punishable
under section 138 of the Negotiable Instruments Act ( in
short referred as “N.I. Act”).
02. The alleged facts in the complaint are summarized
as under;
It is stated that, the Complainant is the owner of the
TLC Mandi situated at No.56, New Kalasipalya Market,
Bengaluru. The accused has been carrying the vegetable
business for the past 25 years. The accused has known to
he Complainant . From 2021 to May 2022 the accused
had supplying the carrot to the Complainant by receiving
advance amount of Rs.8 lakhs. In the month of May 2022
the accused had stopped supplying carrot to the
Complainant. The accused assured the Complainant to
C.C. No.41604/ 2024
supply carrot to the Complainant until and unless the
accused clear the debt of Rs.8,00,000/- and at that time
the accused had given four cheques bearing No.472249,
472250, 472251 and 472252 to the Complainant for
Rs.8,00,000/- all the cheque were drawn on Indian Bank,
M. Palada Branch, Tamil Nadu and also executed MOU to
the Complainant. Thereafter the accused failed to supply
carrot to the Complainant as agreed. In the 1 st week of
October the Complainant approached the accused
personally and requested to repay the advance amount of
Rs.8,00,000/- by that time the accused instructed the
Complainant to present the cheques for encashment on
10.10.2022. Accordingly, the Complainant presented the
said two cheques bearing No.472249 and 472250 for
encashment on 10.10.2022 through his banker, the said
cheques were returned unpaid with endorsement “Funds
insufficient” on 12.10.2022. Thereafter on 17.10.2022,
demand notice was issued to the accused by way of RPAD.
The said notice was duly served to the accused on
C.C. No.41604/ 2024
27.10.2022. In spite of service of notice the accused has
not paid the cheque amount. On these grounds, it is
sought to convict the accused for the offence punishable
under section 138 of NI Act and grant compensation as per
section 357 of Code of Criminal Procedure.
