Accused : Sri.Kapil Dev Age 45 years, R/at.No.197, H.M.T.Laayout, Nelagadranahalli Main Road, Church Opposite, proprietor Kapil Ply woods. { By Sri.C.S.Satyanarayana Advocate } 2 C.C.5009/2019 Offence complained : U/S. 138 of N.I. Act., Plea of accused : Pleaded not guilty Final Order : Accused is Acquitted Date of Order : 03032022 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 factual matrix of the complaint is summarized as under; It is alleged in the complaint that, the accused being friend of complainant since for the last five years, as requested him to advance hand loan of Rs.6,00,000/ to 3 C.C.5009/2019 meet his urgent necessities. On 25.01.2016, the complainant has paid Rs.6,00,000/ to the accused by way of cheque bearing No.687361 drawn on Karnataka State CoOp. Apex Bank Ltd., T.Dasarahalli Bengaluru and on the request of the accused, the said cheque has been credited to the account of one "SRI.UTSAVAMBA HARD WARE" bearing account No.013905300010658 Dhanalakshmi Bank, Peenya branch, Bengaluru by RTGS. At that time, the accused had promised to repay the said amount within three years. Later, the time has been extended for repayment on the request of the accused. In order to discharge the above hand loan amount, the accused has issued a cheque bearing No.000173 dated 13.12.2018 for a sum of Rs.6,00,000/ drawn on Bank of Baroda, Peenya Industrial Branch, Bengaluru 560 058 in favour of the complainant. The complainant has presented the said cheque for encashment through his banker on 13.12.2018, but the said cheque dishonored and unpaid 4 C.C.5009/2019 with banker's endorsement dated 14.12.2018 as "Funds Insufficient". On 07.01.2019, the complainant got issued demand notice was issued to the accused by RPAD. The demand notice issued by RPAD has been duly served on accused on 11.01.2019. Inspite 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 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 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 seven documents at Ex.P.01 to 07. Having 5 C.C.5009/2019 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 court 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. 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. At the same time, the substance of accusation has been recorded and read over