Accused : Smt.M.S.Brunda, W/o Lakshman H.R., Major, R/at. No.120, 3rd Cross, UAS Layout, Sanjayanagar, Bengaluru 560 094. 2 C.C.No.30987/2018 Also at: Smt.M.S.Brunda, W/o Lakshman H.R., R/ of Muthukur, Damodhar Nagar, Anugondanahalli Hobli, Bengaluru Rural District. { By Sri.V.R.Muralidhara Advocate } Offence complained : U/S. 138 of N.I. Act., Plea of accused : Pleaded not guilty Final Order : Accused is Convicted Date of Order : 13042022 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.No.30987/2018 02. The factual matrix of the complaint is summarized as under; It is averred in the complaint that, the brotherinlaw of accused (brother of husband of accused) was residing near by the house of complainant in the same locality and through her brotherinlaw, the accused became very close to the family of complainant and she used to visit the house of complainant whenever she had come the house of brother of her husband. During the year 2016, when the accused and her husband visited to the house of brother of her husband, they approached the complainant to lend a hand loan of Rs.20,00,000/ in order to clear her private loans and also to invest in the business of her husband and has assured to repay the said amount within six months. From February 2016 to December 2016, the complainant has advanced hand loan of Rs.17,00,000/ to the accused and her husband on different dates by way of cash and as well as cheque in presence of witnesses by name 4 C.C.No.30987/2018 Sri.R.Venkatesh, Sri.Yogesh H.V. and Sri. Anil M.R. It is further averred that, on 19.08.2018, the accused and her husband visited to the house of complainant and has issued a cheque of accused bearing No.989276 dated 21.08.2018 for a sum of Rs.9,00,000/ drawn on Canara Bank, Varthur Branch, Bengaluru in favour of the complainant and another cheque belonging to the husband of the accused for a sum of Rs.8,00,000/ drawn on Indian Overseas Bank, Yelahanka Branch, Bengaluru. On the request of the accused , the cheque issued by the accused was presented to the banker of complainant on 21.08.2018 for encashment, but it returned unpaid with banker's endorsement dated 24.08.2016 as "Funds Insufficient". On 22.09.2018, demand notice was issued to the accused by RPAD to both the addresses of the accused, which were duly served on accused on 25.09.2017 and 26.09.2018. Inspite of service of legal notice, the accused neither has paid the cheque amount nor has 5 C.C.No.30987/2018 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 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 1