(1.) Petitioner is the accused in I.C.C. No. 680 of 2001 of the Court of S.D.J.M., Bhubaneswar and the opposite party No. 2 is the complainant in that case. Petitioner filed the aforesaid complaint alleging the offence punishable under S. 138 of the Negotiable Instruments Act, 1881 (in short, 'the Act').
(2.) It reveals from certified copy of the complaint that the complainant has alleged that accused took a friendly loan of Rupees 11,68,000/- from the complainant on 8-8-2001. In that respect accused executed a money receipt and agreement on 8-8-2001. The accused had issued a post-dated cheque drawn in favour of the State Bank of India, Puri Branch. The complainant deposited the same with his Banker, i.e., Union Bank of India, Balukhanda Branch, Puri-2. That cheque bounced with the remarks of 'insufficient balance' and such intimation was sent to the complainant on 17-10-2001. Soon thereafter the complainant made contact with the accused in presence of two witnesses and the accused expressing financial hardship assured the complainant to make arrangement of funds. Complainant waited for two days but the accused did not turn up nor repaid the loan amount. Thereafter, complainant issued statutory notice under S. 138 of the Act, but it was received back with the endorsement that "no such addressee (at the address)." Such notices were returned on 3-11-2001 from the State Bank of India, Main Branch and on 15-11-2001 from the residence of the accused at Puri. Thereafter, complainant instituted the complaint on 27-11-2001.
(3.) In course of his examination under S. 200 of the Code of Criminal Procedure, 1973 (in short 'the Code') (otherwise known as initial statement) the complainant stated that he advanced the loan on 8-8-2001, accused executed an agreement to repay the loan within one month and in that respect accused had also issued a post-dated cheque for the self-same amount for collection in case of his default to repay the amount by the due date. Accused failed to repay by the stipulated period and, therefore, complainant deposited the cheque with his banker for encashment but the cheque bounced due to insufficient fund. Complainant has further stated in his statement that when he contacted with accused, the latter avoided to repay and, therefore, on 1-11-2001 he sent a notice to the accused demanding for repayment and such letter was issued by speed post. That notice returned undelivered with endorsement of the postal authority as "absent" and "no such addressee in S.B.I. Main Branch."