Accused : Sri.Aruna, W/o Sri.Mahesh Gowda, Age 38 years, No.142, 1st Floor, "Aikya", C/o Pavithra P.G.Rajiv, Next to Sri Sai Residency, Near Sri Sai Automotives Bosch Car Service, 2 C.C.21851/2019 Ward No.195, 2nd Main Road, Suncity Layout, Konanakunte, J.P.Nagar 7th Phase, Bengaluru 560 078. { By Sri.Madhav.D Advocate } Offence complained : U/S. 138 of N.I. Act., Plea of accused : Pleaded not guilty Final Order : Accused is Convicted Date of Order : 05012024 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.21851/2019 02. The facts which leads to present complaint are under; It is pleaded that, the complainant and accused are acquainted with each other for the past three years. The accused was used to borrow money from the complainant oftenly for her financial needs and return the same. On the eve of this relationship, during second week of August 2018, the accused had requested the complainant to advance her a sum of Rs.6,00,000/ to meet out her financial commitments and had assured to repay the same within four months. Since, the complainant had sufficient money with him as he had receive the same by mortgaging his residential house at Chikkamagaluru Town, he had advanced a sum of Rs.6,00,000/ to the accused on 26.08.2018 by way of cash in a Restaurant near Metro Station, Jayanagar, Bengaluru in presence of one Sri.V.Lokesh Murthy, Smt.Shobha and Gagan.C.S. While availing the said amount, the accused had under taken to 4 C.C.21851/2019 repay the said amount within four months together with interest at the rate of 12% per annum. It is further pleaded that, in order to repay the availed hand loan partly, the accused has paid Rs.1,50,000/ vide cheque bearing No.672171 and thereafter to pay remaining amount of Rs.4,50,000/, the accused has issued three cheques of Rs.1,50,000/ each bearing Nos.672172, 672173 and 672174 all dated 30.05.2019 drawn on Axis Bank Limited, Basaveshwar Nagar Branch, Bengaluru in favour of the complainant and requested to present the said cheques by the endorsement of June 2019. Accordingly, when the complainant has presented all these three cheques with his banker for encashment, they are returned unpaid due to "Funds Insufficient" as per banker's memo dated on 31.05.2019. Immediately, when the complainant has contacted the accused and informed about the dishonour. On the request of the accused, again the complainant has represented all the three cheques for encashment with his 5 C.C.21851/2019 banker on 15.07.2019, even all the cheques were returned unpaid due to "Funds Insufficient" as per banker's memo dated on 16.07.2019. Thereafter, on 07.08.2019 a demand notice was got issued to the accused by RPAD and also by courier service. But, the RPAD returned as unserved dated 08.08.2019 with a shara as "addressee is left", but the track consignment reports reveals that, " not delivered, addressee cannot be located" dated 10.08.2019. The accused has avoided the service the service of legal notice in co