PARVATHAMMA.M Vs. CHANDRAKALA.V.

JUDGEMENT

(1.) Respondent-accused was tried for the offence under Sec. 138 of Negotiable Instrument Act, 1881 (for short 'the NI Act'). by the XXII Addl. Chief Metropolitan Magistrate, Bengaluru City in CC No.5070/2015. The learned ACMM ('trial Court' for short) acquitted him of the charges levelled against him. Being aggrieved by the same, now the complainant is before this Court by preferring this appeal.

(2.) Accused-Smt.Chandrakala V. (respondent herein) approached the complainant in the first week of November 2012 and availed a hand loan of Rs.4,50,000.00 to meet her urgent commitments and family necessities. She assured to return the said amount within six months. After six months when complainant approached the accused, in discharge of the said loan amount, accused issued a duly filled cheque bearing No.539601 dtd. 29/8/2013 mentioning the consideration as Rs.4,50,000.00 drawn on Syndicate Bank, Dr.Ambedkar Institute of Technology, Nagarbhavi Road, Bengaluru 560 056 in the name of complainant. It was assured by the accused that on presentation of the said cheque, it will be honoured.

(3.) It is alleged that when the cheque was presented for encashment, it was dishonoured by the Banker with an endorsement 'Payment stopped by the Drawer' by issuing a memo dtd. 31/8/2013. Complainant got issued legal notice on 5/9/2013 calling upon the accused to pay the cheque amount. The legal notice so issued by RPAD was duly served on the accused on 6/9/2013. Despite service of notice, accused did not pay the amount or issued any reply to the said notice. Thus, it is alleged that accused has committed the offence under Sec. 138 of the NI Act. Accordingly, complainant filed a private complaint under Sec.200 of Cr.PC.