The appellant/accused has preferred this appeal
under Section 415(3) of BNSS, 2023 being aggrieved by
the judgment of conviction and order of sentence
passed in C.C.No.3268/2023 dated 01.04.2025 on the
file of XII Addl. SCJ and ACJM, 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, complainant’s father by name Byregowda was
working in the accused’s Farm. The accused without any
proper safety measures made the complainant’s father to
climb the coconut tree, while doing so the complainant’s
father fell down and suffered grievous injury and was taken
to hospital at Kanakapura, after first aid, injured was
referred to higher center for treatment, but on the way the
father of complainant succumbed to injuries. The accused
requested the complainant not to raise any complaint and
agreed to pay the compensation of Rs.6,50,000/-.
Pursuant to that, the accused issued three cheques
bearing Nos.011527, 011528 and 011529 dated
06.02.2023 for Rs.2,00,000/-, Rs.2,00,000/- and
Rs.2,50,000/- respectively drawn on IDBI Bank,
Kanakapura Branch. The complainant presented the
said cheques with his banker viz., Karnataka Bank
Ltd., Kumaraswamy Layout Branch, Bengaluru on
06.02.2023. They came to be dishonoured with an
endorsement “In Active” dated 07.02.2023. Thereafter,
the complainant issued legal notice dated 23.02.2023
to the accused by calling upon him to pay the amount
covered under the cheques within the stipulated
period. Notice duly served to accused , accused
instead of compliance, issued untenable reply. Hence,
complainant constrained to set the law into motion.
