The complainant filed the complaint under Section 223
Bharathiya Nagarik Suraksha Sanhita (BNSS) against the
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 a private limited company
incorporated under Companies Act. That on 26.01.2024, at the
request of accused and the her husband Gagan Kestur
Shivanand as a co-applicant, the complainant has sanctioned
personal loan to the accused to an extent of Rs.50,000/- vide
loan A/c No.100110600100066. That while availing said loan,
the accused and the co applicant agreed to repay the same in
24 monthly installments of Rs.5,208/- and also agreed to pay
C.C.No.37125/2024
varied rate of interest and other incidental charges to the
complainant. It is pleaded that both were irregular in making
the repayment and that the loan account was showing an
outstanding balance of Rs.61,133/- as on 06.05.2024. It is
stated that on regular follow up, the accused issued a cheque
bearing No.000001 dated 06.05.2024 for Rs.61,133/- drawn on
Kotak Mahindra Bank, Vidyaranyapura branch, Bangalore
towards payment of outstanding due amount. It is pleaded that
the complainant has presented said cheque through his banker
i.e. ICICI Bank, BTM 2 nd stage, Bengaluru and said cheque
returned dishonored on 07.05.2024 for the reason “Account
Closed”. Hence, the complainant got issued legal notice dated
30.05.2024 calling upon the accused to pay the amount
involved in the cheque. The notice sent to all the three
addresses returned with endorsements “Insufficient Address”.
