Accused : Shruthi, D/o Sri.Ravindra, Age 26 years, R/at.No.25, 20th Cross, 2 C.C.7046/2019 7th Main, Karagappa Garden, Sampangiramanagara, Bengaluru 560 027. { By Sri.Akash Kiran.S.V. Advocate } Offence complained : U/S. 138 of N.I. Act., Plea of accused : Pleaded not guilty Final Order : Accused is Acquitted Date of Order : 04012023 JUDGMENT The present complaint is filed under section 2(d) read with section 200 of code of criminal procedure against the accused seeking to punish her for the offence punishable under section 138 of the Negotiable Instruments Act ( in short referred as "N.I. Act"). 3 C.C.7046/2019 02. The factual matrix of the complaint is summarized as under; It is averred in the complaint that, the accused and complainant are well known to each other from past several years. On 20.12.2016, the accused has availed the hand loan of Rs.6,00,000/ from the complainant to meet her domestic requirements and the accused has promised to repay the said amount within six months. After expiry of the said period, accused did not keep up his promise. On consistent demands and requests made by the complainant, towards his discharge of his liability, the accused has issued following two cheques; 01. Cheque bearing No.540902 dated 06.02.2019 for a sum of Rs.02,00,000/ & 02. Cheque bearing No.540903 dated 06.02.2019 for a sum of Rs.04,00,000/. 4 C.C.7046/2019 Both the cheques were drawn on Punjab National Bank, Hudson Circle Branch, Bengaluru in favour of the complainant. The complainant has presented the said cheque for encashment through her banker, but it returned unpaid with banker's endorsements dated 07.02.2019 as "Funds Insufficient". The complainant got issued a two legal notices on 12.02.2019 calling upon the accused to repay the said sum within 15 days. The said notice sent by RPAD to the above mentioned address was duly served on the accused on 19.02.2019 as per the tracking report issued by the postal department. In spite of service of legal notice, the accused neither has paid the cheques amount nor has given any reply. On these grounds, it is sought to convict the accused for the offence punishable under section 138 of NI Act and grant compensation as per section 357 of Code of Criminal Procedure. 5 C.C.7046/2019 03. On presentation of complaint, this court has verified the averments of complaint along with records and thereby had taken cognizance for the offence punishable under section 138 of NI Act. Thereby, as per the verdict of the Hon'ble Apex court reported in AIR 2014 SC 1983 in the case of Indian Bank Association and others V/s Union of India and others, the sworn statement of the complainant has been recorded as PW.1 and got exhibited nine documents at Ex.P.01 to 09. Having been made out the primafacie case, the complaint has been registered in Register No. III and issued process against the accused. 04. In response to the summons, the accused put his appearance before the court through his counsel and filed bail application under section 436 of Code of Criminal Procedure, the accused has been enlarged on bail. The substance of accusation has been recorded and read over to the accused, he pleaded not guilty and intends to put 6 C.C.7046/2019 forth her defense. On filing application by the complainant under section 145(1) of NI Act, sworn statement of the complainant has been treated as examination in chief. Similarly, on filing application under secti