Accused : Sri.R.S.Malle Gowda, S/o Sidda Nanjappa, Age 62 years, R/at.No.66, 4th Main, 2nd Cross, Bhuvaneshwari Nagar, T.Dasarahalli, Bengaluru 560 057. { By Sri.Mohankumar.K.T. Advocate } 2 C.C.4914/2021 Offence complained : U/S. 138 of N.I. Act., Plea of accused : Pleaded not guilty Final Order : Accused is Convicted Date of Order : 15052023 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 thumbnail of the averments of the complaint are as under; It is alleged that, the complainant and accused are distant relatives and residing in the same locality. In the month of March 2019, the accused has borrowed hand loan of Rs.5,00,000/ from the complainant to meet out his 3 C.C.4914/2021 urgent necessities inconnection with running of his chit business and agreed to repay the same within 23 months together with interest at the rate of 2% per annum. After the agreeing period, when the complainant has approached the accused , the accused has issued a cheque bearing No.154403 dated 12.01.2021 for a sum of Rs.05,00,000/ drawn on Vijaya Bank, Peenya 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 as " Stop Payment" as per order dated 15.01.2021. Thereafter, on 20.01.2021, the complainant has issued demand notice to the accused by RPAD, but the same was not claimed by the accused and returned on 30.01.2021 as 'not claimed'. Thus, 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. 4 C.C.4914/2021 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 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 5 C.C.4914/2021 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 and read over to the accused, the incriminating material found in the trial of the case of the complainant. The accu