Accused : Smt.R.Mamatha, W/o Sri.Ganeshmurthy, Age 51 years, R/at.No.433, 60 Feet Road, Gruhalakshmi Layout, Near New Manjula Public School, 2 C.C.7419/2021 Nagasandra Post, Bengaluru 560 073. { By Sri.M.C.Mallikarjuna Swamy & others Advocate } Offence complained : U/S. 138 of N.I. Act., Plea of accused : Pleaded not guilty Final Order : Accused is acquitted Date of Order : 13042023 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.7419/2021 02. The thumbnail of the averments of the complaint are as under; It is averred in the complaint that, the complainant and accused are known to each other. The accused had approached the complainant for financial assistance to perform her daughter's marriage and also to meet out domestic needs on 03.03.2020 and accordingly on 23.03.2020, the accused has borrowed hand loan of Rs.4,75,000/ by way of cash from the complainant promising to repay the same within six 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 a cheque bearing No.949188 dated 15.12.2020 for a sum of Rs.04,75,000/ drawn on Vijaya Bank, Dasarahalli Branch, Bengaluru in favour of the complainant. The complainant has presented the said cheque for encashment through his banker, but it returned 4 C.C.7419/2021 unpaid with banker's endorsement dated 31.12.2020 as "05. Kindly Contact drawer/Drawee Bank and please present again ". When this information was intimated to the accused, on her request the said cheque was presented with his banker on 11.01.2021, but again it returned unpaid with the smae banker's endorsement dated 12.01.2021 as "05. Kindly Contact drawer/Drawee Bank and please present again". On 25.01.2021, demand notice was issued to the accused by RPAD. The demand notice issued by RPAD has been duly served on accused on 29.01.2021 and the accused has issued untenable reply to the said legal notice. Accordingly, it is sought to punish the accused with imprisonment and also to impose fine twice of the cheque amount. 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 5 C.C.7419/2021 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 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 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 and intends to put forth his defense. On filing application by the complainant under section 145(1) of NI Act, s