Accused : 1. Smt. Padmashree.J. W/o Sri.Muralidhar, Major, Working as Assistant Manager, Corporation Bank, Race Cource Road, Khanija Bhavan, Bengaluru 560 001. 2 C.C.13928/2017 2. Sri.Muralidhar.S, S/o , Late Sampath, Major, Both are R/at: No.10/13, 3rd Cross, Kirloskar Colony, 3rd Stage, Basaveshwarnagar, Bengaluru 560 079. { By Sri. Uday Shankar Pandith Advocate } Offence complained : U/S. 138 of N.I. Act., Plea of accused : Pleaded not guilty Final Order : Accused No.1 & 2 are acquitted Date of Order : 29122021 3 C.C.13928/2017 JUDGMENT The complainant has filed this complaint under section 200 of Code of Criminal Procedure for the offence punishable under section 138 of NI Act. 02. The briefly stated facts of the complaint is, as under; It is stated that, accused No.1 was working as clerk in Corporation Bank, City Branch, Bengaluru and the complainant was also having SB account in the said bank during the year 2012 and she used to visit the said bank oftenly, due to this accused No.1 came in contact with the complainant. It is further averred that, the accused No.1 has also enquired about the profession and residence of the complainant and thereafter has introduced accused No.2 as her husband and thereafter, having acquainted to the complainant, both the accused used to meet the complainant several times and to attend various occasions 4 C.C.13928/2017 and functions. It is stated that, in the year 2015, the complainant purchased a residential house at No.127, 12 th Cross, 2nd Main Road, Chamarajapet Bengaluru after getting cancel of her fixed deposits from the corporation bank, City Branch, Bengaluru and the said house consisting ground floor 2 houses, 1st floor 1 house, 2nd floor 2 houses and 3rd floor 1 house, the complainant rented out all the houses except the first floor. The complainant has also invited the accused persons for her new house warming ceremony, which was performed on 17th & 18th of January 2015 and even after prior to that, the complainant has invited both the accused persons in the opening ceremony of her office and also the naming ceremony of her son. Since, the accused persons are closely acquainted with the complainant, both the accused were aware about the complainant getting rents and security deposits from the house and also acquainted about the complainant 5 C.C.13928/2017 depositing the said rent and income in the Corporation Bank, City Branch, Bengaluru. It is contended that, for the medical expenses and to perform death ceremony of father of accused No.1, both accused have taken Rs.2,50,000/ as hand loan from the complainant and similarly for the hospital expenses of accused No.2, accused No.1 had obtained Rs.3,00,000/ from the complainant and both have returned the above said hand loans. It is further contended that, accused No.2 has involved in criminal case of CC.No.334/2013, before JMFC Court, Magadi and also in MVC No.520/213 filed against accused No.2, both the cases were entrusted to the complainant and she got relief to the accused persons in both the cases by getting nominal fees. It is alleged that, in the month of April 2016, the accused have approached to her and requested for hand loan of Rs.30,00,000/ to clear the gold loan obtained from