Accused : Sri.Lokanath B.R. S/o Late B.M.Ramanna, Age 59 years, R/at.No.19, BMR Mansion, 2 C.C.99/2018 2nd Cross, Raja Ram Mohan Extension, Bengaluru 560 027. { By Sri.K.V.Vinay Shreyas Advocate } Offence complained : U/S. 138 of N.I. Act., Plea of accused : Pleaded not guilty Final Order : Accused is Convicted Date of Order : 06012023 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"). 3 C.C.99/2018 02. The factual matrix of the complaint is summarized as under; It is averred in the complaint that, the accused is the owner of the premises No.19, BMR mansion, 2nd Cross Raja Ram Mohan Roy Extn, Bengaluru. The complainant was in need of rented accommodation for his family and came to know that a portion of accused house was available for letting out and thereby the complainant and his son have approached the accused to let out the said portion of 2 BHK in 2nd floor, two bed rooms, one hall, one kitchen for rent basis. In the first week of October 2016, the accused has agreed to let out the said premises on monthly rent basis and demanded advance amount of Rs.5,00,000/ and further stated that, one tenant is in occupation of the said premises and he vacate the said premises in few days and immediately thereon the said portion will be handed over to the complainant. It is further told to the complainant that, the accused required advance amount payable to the 4 C.C.99/2018 earlier tenant for refund of advance amount, therefore on 13.10.2016, the complainant has paid a sum of Rs.5,00,000/ to the accused by way of RTGS and thereafter an agreement of rent has been entered between them on 17.10.2016. The accused has acknowledged the receipt of said amount of Rs.5,00,000/ under the agreement. Thereafter, the accused again requested the complainant to pay the amount of Rs.1,20,000/ for the repayment of advance amount to the earlier tenant and get the premises vacated and hand over the same to the complainant, on the request of accused, the complainant has paid Rs.1,20,000/ by way of cash on 26.10.2016 and the accused has acknowledged in this regard. Thus, the complainant has paid a sum of Rs.6,20,000/ to the accused who has assured to handed over the premises in rent in a couple of days. It is further alleged that, despite of several request made, the accused has failed to let out the said premises on rent to the complainant. Therefore, the 5 C.C.99/2018 complainant has demanded to the accused for the refund of the payment by the complainant. On the demand of the complainant, the accused has issued a cheque bearing No.729728 dated 04.10.2017 for a sum of Rs.6,20,000/ drawn on Canara Bank, Shanthinagar 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 07.10.2017 as "Funds Insufficient". On 03.11.2017, the complainant had issued demand notice to the accused by RPAD, the same has returned with shara "intimation delivered Unclaimed" hence returned to sender. 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