Accused : Sri.Srinivas, S/o Gopal, Age 39 years, R/at Nanjundeshwaranilaya, 2nd Cross, Salapuradamma Layout, 2 C.C.8367/2019 Sunkadakatte, Bengaluru 560 091. { By Sri.Yogendra.H Advocate } Offence complained : U/S. 138 of N.I. Act., Plea of accused : Pleaded not guilty Final Order : Accused is Convicted Date of Order : 03032023 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"). 3 C.C.8367/2019 02. The facts which leads to present complaint are under; It is averred in the complaint that, the accused and the complainant are friends and well known to each other from past several years. In view of the said relationship, in the month of February 2014, the accused had requested the complainant to lend a sum of Rs.10,00,000/ for the development of his business and also for personal need and commitments and agreed to repay the same within one year along with interest at the rate of 1.5% per month. The complainant had lent the aforesaid money to the accused in two dates i.e., Rs.3,50,000/ on 17.02.2014 and Rs.6,50,000/ on 12.05.2014 by way of cash as such, the complainant had money with him out of the sale consideration of his two properties. In order to repay the hand loan of Rs.10,00,000/ to the complainant, the accused has issued a cheque bearing No.000035 dated 28.01.2019 for a sum of Rs.10,00,000/, drawn on 4 C.C.8367/2019 HDFC Bank, Basaweswarnagar 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 01.02.2019 as "Funds Insufficient". On 27.02.2019, demand notice was issued to the accused by RPAD, which was not served on the accused and the same was returned with shara 'insufficient address' on 07.03.2019. Thus, the cause of action to prosecute the accused a accrued against the accused. Accordingly, it is sought to convict the accused and passed the suitable order. 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 5 C.C.8367/2019 of India and others, the sworn statement of the complainant has been recorded as PW.1 and got exhibited eight documents at Ex.P.01 to 08. 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 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