Accused : Sri.Gangadhara, S/o Jambuvaiah, 2 C.C.22586/2018 Age 36 years, R/at.No.Devihalli Village, Yelahanka Post, Belur Taluk, Hassan District. { By Sri.V.G.Manjunath Advocate } Offence complained : U/S. 138 of N.I. Act., Plea of accused : Pleaded not guilty Final Order : Accused is Acquitted Date of Order : 01022023 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.22586/2018 02. The factual matrix of the complaint is summarized as under; It is averred in the complaint that, the accused being well known and good friend of the complainant from past ten years. The accused had availed hand loan of Rs.12,00,000/ on various dates by way of cash from the complainant in order to meet his domestic problems and personal commitments i.e., on 15.06.2015 Rs.2,00,000/, on 24.06.2015 for Rs.5,00,000/ and on 02.07.2015 for Rs.5,00,000/ in total Rs.12,00,000/ only. The accused has promised to repay the said amount within in 33 months along with interest at the rate of 12 P.a,. 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.245222 dated 03.04.2018 for a sum of Rs.12,00,000/ drawn on M/s.Canara Bank, Yelahanka Branch, Hassan District 4 C.C.22586/2018 in favour of the complainant. The complainant has presented the said cheque for encashment through his banker i.e., M/s.Indian bank, SME Peenya Industrial Estate Branch, Bengaluru, but it returned unpaid with banker's endorsement dated 18.06.2018 as "Funds Insufficient". On 13.07.2018, demand notice was issued to the accused by RPAD, which was returned back with postal endorsement as "No such person" on 23.07.2018. The complainant further submits That apart , inspite of intimation given by the postal authority, the accused has deliberately with malafide intention has not claim the legal notice issued by the complainant and failed to pay the cheque amount to the complainant. 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. 5 C.C.22586/2018 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