Accused : Smt.Shirley Jennifer Gomes, W/o Mr.Allwin, Age 30 years, R/at.NEST, No.9, RStreet, Shanthinagar, Bengaluru 560 027. 2 C.C.18409/2019 Working at Krupanidhi PU College, No.5, Sarjapura Road, Kormangala, Bengaluru 560 034. { By Sri.Honnappa.S Advocate } Offence complained : U/S. 138 of N.I. Act., Plea of accused : Pleaded not guilty Final Order : Accused is Convicted Date of Order : 07012023 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.18409/2019 02. The factual matrix of the complaint is summarized as under; It is averred in the complaint that, the accused is a friend of complainant and well known to each other from past several years and had availed hand loan of Rs.2,00,000/ in the month of August 2018 for her sister marriage and has promised to repay the said amount within in four months. After expiry of the said period, accused did not keep up his promise. On consistent demands and requests made by the complainant, towards his discharge of his liability, the accused has issued post dated cheque bearing No.257177 dated 18.06.2019 for a sum of Rs.2,00,000/ drawn on Guardian Souhardha Sahakari Bank Niyamitha Bengaluru in favour of the complainant. The complainant has presented the said cheque for encashment through his banker i.e., Corporation Bank, Shanthinagar Branch, Bengaluru, but it returned unpaid with banker's endorsement dated 19.06.2019 as "Funds Insufficient". On 25.06.2019, 4 C.C.18409/2019 demand notice was issued to the accused and the said demand notice was duly served on accused as intimation delivered and not claimed on 25.06.2019 & 26.06.2019 to the both addresses of the accused. In spite 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 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 1983 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 seven documents at Ex.P.01 to 07. Having been made out 5 C.C.18409/2019 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. Simila