Accused : Sri.D.H.Indrani, W/o Girish, Age 47 years, R/at.No.119/69, Sri Rama Nilaya, 1st Floor, 6th Cross, Sampangi Rama Nagar, 2 C.C.3820/2021 Bengaluru 560 027. { By Smt.Nagaveni.G.H. Advocate } Offence complained : U/S. 138 of N.I. Act., Plea of accused : Pleaded not guilty Final Order : Accused is Convicted Date of Order : 17022023 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"). 3 C.C.3820/2021 02. The alleged facts in the complaint are summarized as under; It is averred in the complaint that, the accused is the sisterinlaw i.e., younger brother's wife of complainant and for her family necessity, the accused has borrowed hand loan of Rs.2,00,000/ from the complainant through cheque bearing No.79194 dated 30.04.2018 with a promise to repay the said amount within two years. Subsequently, in the month of May 2020, when the complainant has requested the accused for the payment of hand loan, she again had sought six months more time for the repayment of the same. Even after lapse of six months, when the complainant demanded the accused, at that time the accused has issued a cheque bearing No.429973 dated 08.12.2020 for Rs.2,00,000/ drawn on State Bank of Mysore ( merged in the State Bank of India), Sampangirama Nagar Branch, Bengaluru. When the complainant has presented the said cheque for encashment 4 C.C.3820/2021 through his banker, but it returned unpaid with banker's endorsement dated 15.12.2020 as "Funds Insufficient". On 19.12.2020, demand notice was issued to the accused by register post as well as speed post and the same was duly received by the accused and gave evasive reply on 02.01.2021, but did not pay the cheque amount. On these grounds, it is sought to convict the accused and to grant necessary compensation out of the fine amount as per section 357 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 ten documents at Ex.P.01 to 10. Having been made out the 5 C.C.3820/2021 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 her appearance before the court through her 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, she pleaded not guilty. 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 a