Accused : Rajesh.M, S/o Late.H.V.Munishamaiah, Age 36 years, R/at Vinayakanagara, 2 C.C.25210/2019 Hesaragatta Hobli, Bengaluru North Taluk. { By Sri.T.S.Venkatesh Advocate } Offence complained : U/S. 138 of N.I. Act., Plea of accused : Pleaded not guilty Final Order : Accused is Convicted Date of Order : 10022023 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.25210/2019 02. The facts which leads to present complaint are as under; It is stated that, the complainant and accused are friends and known to each other for the past several years. On 12.06.2018, the accused has borrowed hand loan of Rs.2,02,425/ from the complainant in order to meet out his financial crises and domestic problems and has promised to repay the said amount within six months. In order to repay the said hand loan amount, the accused has issued post dated cheque bearing No.105021 dated 16.09.2019 for a sum of Rs.2,02,425/ drawn on Axis Bank, Nelamangala Branch, Bengaluru in favour of the complainant. On 16.09.2019, when the complainant has presented the said cheque for encashment with his banker, it returned unpaid due to "Funds Insufficient" in the account of the drawer of the cheque as per banker's memo dated 19.09.2019. Thereafter, on 30.09.2019 the complainant has issued legal notice to the accused by 4 C.C.25210/2019 RPAD, the said notice has been refused by the accused and it returned back to the complainant on 01.10.2019. Thus, the accused has neither has paid the cheque amount not has given any reply. On these assertions, it is sought to convict the accused for the offence punishable under section 138 of NI Act and impose the maximum find and thereby to order for the payment of compensation under 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 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 5 C.C.25210/2019 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 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 accused has denied the same in toto