KIRAN KUMAR K. G. Vs. CHANDRASHEKAR N.

JUDGEMENT

(1.) Heard the learned counsel appearing for the appellant.

(2.) The appellant herein filed a complaint against the respondent-accused, alleging an offence punishable under Section 138 of Negotiable Instruments Act (N.I. Act for short) stating that to meet the urgent family needs and financial commitments, the complainant paid a sum of Rs.1,50,000/- (Rupees one lakh fifty thousand only) to the respondent-accused with an assurance by him that the amount will be repaid within four months. In the first week of March 2015 when the complainant approached the accused for repayment of the said loan amount, the accused issued a cheque on 09.03.2015 bearing No. 346072 drawn on Tamil Nadu Merchantile Bank Limited, Bengaluru. When the said cheque was presented to the bank on 17.03.2015 for encashment, the same was dishonored with bank endorsement ' insufficient funds' . The accused also failed to repay the amount within 15 days from the date of receipt of legal notice issued by the complainant. Therefore, the accused has committed an offence punishable under Section 138 of Negotiable Instruments Act.

(3.) The complaint was filed before the Trial Court on 27.04.2015. In response to the summons issued, the respondent-accused appeared before the Trial Court and he was released on bail on 25.07.2015. Subsequently the accused remained absent and NBW was issued. The learned Magistrate by an order dated 06.10.2016 dismissed the complaint as there was no representation on behalf of the complainant and steps were also not taken by him. Aggrieved by the said order, the complainant preferred a Criminal Revision Petition No.56/2017 before the Sessions Court. The said Revision Petition also came to be dismissed for non prosecution on 15.11.2018.