Accused : Sri.R.S.Malle Gowda, S/o Sidda Nanjappa, Age 62 years, R/at.No.66, 4th Main, 2nd Cross, Bhuvaneshwari Nagar, T.Dasarahalli, Bengaluru 560 057. { By Sri.Mohankumar.K.T. Advocate } 2 C.C.30854/2021 Offence complained : U/S. 138 of N.I. Act., Plea of accused : Pleaded not guilty Final Order : Accused is Convicted Date of Order : 15052023 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 him for the offence punishable under section 138 of the Negotiable Instruments Act ( in short referred as "N.I. Act"). 02. The thumbnail of the averments of the complaint are as under; It is stated that, the complainant and accused are well known to each other from past ten years. In order to meet out his domestic and other financial commitments, the accused has borrowed hand loan of Rs.1,00,000/ 3 C.C.30854/2021 dated 12.07.2018, Rs.50,000/ on 16.08.2018, Rs.50,000/ on 10.11.2018 and Rs.1,00,000/ on 20.01.2019 in all an amount of Rs.3,00,000/ was received by the accused from the complainant with a promise to repay the same within one year. After expiry of the said period, the accused has issued a cheque bearing No.115728 dated 30.11.2020 for a sum of Rs.03,00,000/ drawn on Vijaya Bank, Peenya Branch, Bengaluru in favour of the complainant. The complainant has presented the said cheque for encashment through his banker, but it returned unpaid with banker's endorsement dated as "Payment Stopped" on 11.02.2021. Thereafter, on 03.03.2021, the complainant has issued demand notice to the accused by RPAD. The demand notice issued by RPAD has been duly served upon the accused. In spite of service of legal notice, the accused neither has paid the cheque 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 4 C.C.30854/2021 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 five documents at Ex.P.01 to 05. 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 5 C.C.30854/2021 to the accused, he pleaded not guilty and intends to put forth his 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,