Accused : Sri.Jagadeesh.N S/o Late Narayanappa, Age 30 years, R/at.No.309, 10th Cross, Wilson Garden, Bengaluru 560 027. { By Sri.Subhas Advocate } 2 C.C.16046/2019 Offence complained : U/S. 138 of N.I. Act., Plea of accused : Pleaded not guilty Final Order : Accused is Convicted Date of Order : 14062022 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 averred in the complaint that, the accused and complainant are known to each other since long time. In the first week of March 2019, the accused requested the 3 C.C.16046/2019 complainant to advance hand loan of Rs.3,85,000/ in order to meet his personal necessities. On 06.03.2019, the complainant has advanced hand loan of Rs.3,85,000/ to the accused and at that time the accused has executed one loan agreement and has issued 4 post dated cheques bearing Nos.328620, 328621, 328622 and 328623 dated 30.05.2019 for Rs.1,00,000/ each and for one cheque for Rs.85,000/ drawn on Karnataka Bank Limited, Wilson Garden Branch, Bengaluru 560 027 in favour of the complainant and also agreed to repay the said loan amount within three months. So, in the month of May 2019, when the complainant had approached the accused for the repayment of the above said loan amount, at that time, the accused has instructed the complainant to present the above issued cheques, accordingly on 06.06.2019 he has produced 4 cheques through his banker for encashment. But, all the 4 cheques were returned unpaid due to "Funds Insufficient" in the 4 C.C.16046/2019 account of the drawer of the cheques as per banker's memos dated 07.06.2019. Thereafter, on 17.06.2019 demand notice was issued to the accused. The demand notice issued by RPAD has been duly served to the accused. Inspite 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 double of the cheques amount. 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 2528 in the case of Indian Bank Association and others V/s Union of India and others, the sworn statement of the 5 C.C.16046/2019 complainant has been recorded as PW.1 and got exhibited twelve documents at Ex.P.01 to 12. 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 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 fi