Accused : Smt.Baby Shankaran, W/o.Sri.V.N.Shankaran Nambodari, R/at.No.25, 20th Cross, 7th Main, Karagappa Garden, 2 C.C.10225/2019 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.10225/2019 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. During the first week of December 2016, the accused has approached the complainant and availed hand loan of Rs.2,00,000/ agreeing to repay the same within six months. In order to repay the said loan amount, the accused has issued a Cheque bearing No.847612 dated 21.02.2019 for Rs.2,00,000/ drawn on Panjab National Bank, Hudson Circle Branch, Bengaluru. On the assurance of the accused , the complainant has presented both the cheque through her banker, but it returned unpaid. The said cheque returned on 22.02.2019 with banker's endorsement as "Funds Insufficient". Thereafter, on 02.03.2019, the complainant has issued demand notice by RPAD through her counsel, but the said notice returned as "not claimed" on 14.03.2019 and till today the accused has not paid amount covered under the 4 C.C.10225/2019 cheques. 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. 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 six documents at Ex.P.01 to 06. 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 her appearance before the court through her counsel and filed 5 C.C.10225/2019 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, she pleaded not guilty and intends to put 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 section 145(2) of NI Act, the accused has been permitted to cross examine PW.1. On completion of the trial of the complainant's side, the accused deliberately avoided to appear before the court to cause obstructions to the proceedings. Therefore, in view of guidelines in the case of Indian Bank Association and others V/s Union of India and others, and as per the judgment of Kent HC in Crl.RP. No.437/2010 dated 28.06.2012, the proceedings