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 and a Non Banking
Financial Institution and registered with RBI providing personal
loans, and doing other non banking transactions. That on
C.C.No.37123/2024
26.01.2024, at the request of accused being the loan applicant
and his wife Akshitha Hanumanthapura Shivanna as a Co
applicant, the complainant has sanctioned personal loan to the
accused to an extent of Rs.2,00,000/- vide loan A/c
No.100110300100065. That while availing said loan, the
accused and the co applicant agreed to repay the same in 24
monthly installments of Rs.20,000/- and also agreed to pay
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.2,06,771- as on 06.05.2024. It is
stated that on regular follow up, the accused issued a cheque
bearing No.936011 dated 06.05.2024 for Rs.2,06,771/- drawn
on Karnataka Bank, Sanjaynagar 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 2nd stage, Bengaluru and said cheque returned
dishonored on 07.05.2024 for the reason “Funds Insufficient “.
