Accused : Sri.N.Ramesh, S/o C.Narayanaswamy, R/at.No.20, 1st Main, N.S.Palya, Gundu Thopu, B.T.M. Layout, Bilekahalli, Bengaluru 560 076. { By Sri.B.S.Maruthi Reddy Advocate } Offence complained : U/S. 138 of N.I. Act., 2 C.C.3786/2018 Plea of accused : Pleaded not guilty Final Order : Accused is Acquitted Date of Order : 26042022 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 colleagues and have been working as a driver cum conductor in BMTC and also well known to each other since many years. Having the said friendship, in the 3 C.C.3786/2018 year 2012, on various occasions, the accused borrowed hand loan of Rs.8,00,000/ from the complainant in installments in order to meet out his family necessities and for construction of the house and further had assured to repay the loan amount soon after obtaining loan. It is further averred that, towards the discharge of the above said loan amount, in the month of November 2017, the accused has issued a cheque bearing No.571593 dated 15.11.2017 for a sum of Rs.8,00,000/ drawn on Karnataka Bank Ltd., Wilson Garden Branch, Bengaluru 560 027 in favour of the complainant. On the same day, the complainant has presented the said cheque for encashment through his banker on 16.11.2017, but it returned unpaid with banker's endorsement dated 17.11.2017 as "Funds Insufficient". On 13.12.2017, demand notice was issued to the accused by RPAD calling upon the accused to make the payment of the cheque amount, the notice has returned back to the complainant 4 C.C.3786/2018 with a postal shara "Not Claimed R/S" and the same is returned on 23.12.2017. It is contended that, the accused has issued disputed cheque in favour of the complainant for the discharge of the part of the debt owned by him, which amount is legally recoverable one. On this pleadings of the complaint, 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 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 5 C.C.3786/2018 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 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 permitt