Accused : Smt.Gayathri, W/o Sri.Govinda Reddy, Major, R/at.No.SB134, Vijaya Enclave, BTM 4th Stage, Vijaya Bank Colony, Bengaluru 560 076. 2 C.C.27813/2018 Also residing at, Nallasandram Village, Thally Kothanoor Post, Denkanikottai Taluk, Krishnagiri Ditrict(T.N.). { By Sri.Madhusudhana Reddy Advocate } Offence complained : U/S. 138 of N.I. Act., Plea of accused : Pleaded not guilty Final Order : Accused is Convicted Date of Order : 01062022 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.27813/2018 02. The factual matrix of the complaint is summarized as under; It is alleged in the complaint that, the accused being known person to the complainant, she has borrowed a sum of Rs.3,00,000/ from the complainant in the second week of January 2018 for her family necessities and has agreed to repay the same. But, the accused has failed to repay the borrowed amount and in the 2 nd week of July 2018 towards discharge of her legal liability, the accused has issued a cheque bearing No.584790 dated 16.07.2018 for a sum of Rs.3,00,000/ drawn on Indian Bank, Thally, Krishnagiri Branch, Tamilnadu in favour of the complainant. On 16.07.2018, the complainant has presented the said cheque for encashment through his banker M/s HDFC Bank Ltd, Richmond Road Branch, Bengaluru, but it returned unpaid with banker's endorsement dated 17.07.2018 as "Drawer Signature Differs". Therefore, on 09.08.2018, the demand notice has been issued to the accused by RPAD. The demand notice 4 C.C.27813/2018 issued by RPAD has been duly served on the earlier address of the accused on 10.08.2018 are the Postal Track Consignment report. But the notice issued to the address of Tamilnadu returned on 21.08.2018 with a shara " not found several beats hence return to sender". Inspite 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 2528 in the case of Indian Bank Association and others V/s Union of India and others, the sworn statement of the 5 C.C.27813/2018 complainant has been recorded as PW.1 and got exhibited eleven documents at Ex.P.01 to 11. Ex.P.11 is got marked on confrontation with DW.1. 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 her defense. On filing