B. PARIJATHA Vs. T. B. RUDRASWAMY

JUDGEMENT

(1.) Being aggrieved by dismissal of the complaint filed by her under Sec. 200 Cr.P.C, alleging offence punishable under Sec. 138 of N.I.Act, complainant has filed this appeal under Sec. 378(4) of Cr.P.C against the accused.

(2.) For the sake of convenience the parties are referred to by their rank before the trial Court.

(3.) It is the case of the complainant that accused is her relative i.e., her sister's husband. For his legal necessity i.e., to repay the loan incurred by him for purchase of the house, during July 2008 accused requested the complainant to advance hand loan of Rs.3.5 lakhs. Agreeing for the same, on 16/8/2008, complainant advanced a sum of Rs.3.5 lakhs to the accused. In this regard accused issued a post dated cheque No.664404 by specifying the date 12/1/2010. Along with it, he also handed over the original sale deed of the house, which he had purchased. Accused received the said amount in the presence of witnesses and agreed to repay the same with interest at 18% p.a. Though for 5-6 months, he paid interest regularly, subsequently he defaulted. 3.1. When questioned by the complainant, he gave evasive reply. However, subsequently he directed complainant to get the money by presenting the cheque. When complainant presented the cheque for encashment, it was returned dishonored on the ground of insufficiency of funds. Intimating the same, complainant got issued a legal notice. Though the legal notice is duly served on the accused, he has failed to pay the amount due under the cheque. He has also not sent any reply to the legal notice. Without any alternative, complainant has chosen to file the complaint.