This is a private complaint filed by the complainant
against the accused for the offence punishable under
Section 138 of Negotiable Instruments Act.
2. The brief facts of the complainant’s case is as
under:
The accused is the owner and in possession of ground
floor house premises consisting of 7 houses situated at
No.34, 1st cross, 42nd ward, BMP, Kavika Layout, Bengaluru.
During the life time of the complainant’s husband late
C.C.No.3518/2022
K.N.Revanna, the accused had entered into a lease
agreement dt: 05.09.2019 with late K.N.Revanna pertaining
to the ground floor which consists of 7 houses and leased
the said houses to late K.N.Revanna assuring to pay
Rs.60,000/-p.m by collecting the rents from the tenants.
The complainant’s husband late K.N.Revanna fell illness
and bed ridden and thereby, when the complainant
approached and requested the accused to pay the amount
as agreed under the agreement, the accused putting forth
her difficulties has agreed to pay the amount of
Rs.55 Lakhs and accordingly, an agreement dt: 08.02.2021
came to be entered under which the accused has issued
cheque bearing no. 516838, dt: 25.05.2021 for Rs.25 Lakhs,
cheque bearing No. 516839, dt: 25.09.2021 for Rs.25 Lakhs
and cheque bearing No.516840 dt: 25.04.2022 for Rs.5
Lakhs, all drawn at Hanumanthanagar Co-operative Bank
ltd., Hanumanthanagar, Bengaluru assuring that, on
presentation it would be honoured. In the mean time, the
C.C.No.3518/2022
complainant’s husband died on 24.05.2021. Believing the
assurance made by the accused, when the complainant
presented the second cheque bearing no.516839 on
25.09.2021 through her banker the State Bank of India,
Chandralayout branch, Bengaluru., the same came to be
dishonored for want of sufficient funds as per memo dt: