SUKANYA Vs. PAPAIAH

JUDGEMENT

(1.) The present appellant was the complainant in the Court of the learned XXII Additional Chief Metropolitan Magistrate and XXIV Additional Small Causes Judge, Bengaluru City (hereinafter for brevity referred to as "Trial Court"), in C.C.No.14102/2007, which case was filed against the present respondent arraigning him as accused, under Section 200 of Code of Criminal Procedure, 1973 (hereinafter for brevity referred to as " Cr.P.C ."), for the offence punishable under Section 138 of Negotiable Instruments Act, 1881 (hereinafter for brevity referred to as "N.I.Act").

(2.) The summary of the case of the complainant in the Trial Court is that, she was a tenant under the accused in his residential property situate at Deepanjalinagara, Bengaluru - 560 056. In that regard, an understanding between them was entered into under which the accused had received a sum of Rs.45,000/- as an advance amount towards the lease amount which was refundable on the lessee (complainant) vacating the premises. After the complainant vacated the premises, the accused returned the lease amount of Rs.45,000/- vide Cheque bearing No.469856 dated 12-12-2006 drawn on Canara Bank, Byatarayanapura Branch, Bengaluru. The complainant presented the said cheque on 04-04-2007 for its realisation through her banker. But the said cheque came to be dishonoured with the banker's shara 'funds insufficient'.

(3.) The respondent who was the accused in the Trial Court appeared and contested the matter.