The complainant has filed the complaint under Section
223 of Bharathiya Nagarika Suraksha Sanhita against the
C.C.No.15735/2025
accused for the offence punishable under Section 138
Negotiable Instruments Act.
2. The brief case of the complainant is as under:
That the complainant is working as a Data Entry Operator
in the Department of School Education, M. S. Building,
Bangalore and there is cordial relationship between accused
and the complainant. That in the 4 th week of July 2022, the
accused requested the complainant to lend Rs.2,00,000/- for
buying a site and other necessities. In view of cordial
relationship, the complainant transferred Rs.48,000/- and
Rs.46,000/- on 3rd August, 2022 and paid cash of
Rs.1,06,000/- in the 2nd week of August, 2022. The accused
assured to repay said amount within 6 months. Inspite of
assurance to pay the amount within 6 months, the accused
failed to repay the said amount. The complainant requested the
accused to repay said amount and when the complainant
approached the accused in the 1 st week of December, 2024,
towards repayment of due amount, the accused issued a cheque
bearing No.631722 dated 31.12.2024 for a sum of
Rs.2,00,000/- drawn on Karnataka State Co-op Apex Bank Ltd,
Vidhana Soudha Branch, Bengaluru and the complainant
presented said cheque for collection through her banker, i.e.
State Bank of India, MS Building branch, Bengaluru, and said
cheque returned dishonored on 08.01.2025 for the reason
C.C.No.15735/2025
“Funds Insufficient”. Hence, the complainant issued a legal
notice dated 21.01.2025 and said notice is duly served on
29.01.2025. Inspite of receipt of notice, the accused failed to
pay the claim amount to the complainant within the statutory
time. Therefore, the accused has committed the offence under
Section 138 of Negotiable Instruments Act. Therefore the
complainant has filed the complaint.
