Accused : Smt.Hanumakka, W/o Muniraju, R/at.No.228, 4th "A" Cross, Maruthi Layout, (Near Anjeneya Temple), Chokkasandra, PhaseII, Peenya Industrial Area, Bengaluru 560 057. { By Sri.Venkataram Advocate } Offence complained : U/S. 138 of N.I. Act., 2 C.C.34514/2018 Plea of accused : Pleaded not guilty Final Order : Accused is Acquitted Date of Order : 05042022 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"). 02. The factual matrix of the complaint is summarized as under; It is averred in the complaint that, the complainant and accused are residing in the same locality since many years and they known to each other. On 14.02.2018, an amount of Rs.1,00,000/, on 08.03.2018 an amount of 3 C.C.34514/2018 Rs.1,00,000/ and on 17.04.2018 an amount of Rs.1,50,000/ in total amount of Rs.3,50,000/ has been borrowed by the accused from the complainant for the purpose of getting repair of her vehicle and has promised to repay the said amount within 3 months. After 3 months, when the complainant approached the accused for repayment of the loan amount, the accused has issued a cheque bearing No.561407 dated 01.10.2018 for a sum of Rs.3,50,000/ drawn on Vijaya Bank, Dasarahalli 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 31.10.2018 as "Funds Insufficient". On 31.10.2018 demand notice was issued to the accused . The demand notice issued by RPAD has been duly served on accused on 05.11.2018. 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 4 C.C.34514/2018 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 2528 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 nine documents at Ex.P.01 to 09. 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 5 C.C.34514/2018 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 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 statement of accused under section 313 of Code of Criminal Procedure has been recorded and read over to the accused, the incriminating material f