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9. POINT NO.1:- It is the definite case of the complainant that, towards the discharge of the hand loan of Rs.3,60,000/- the accused has issued disputed cheque in favour of the complainant and when the cheque was presented for encashment, same was dishonoued for the reason "Present in proper zone." Though the said fact was brought to the notice of the accused by issuing legal notice, but accused has failed to repay the cheque amount.

10. To substantiate the contention, the complainant got examined himself as PW1. In the examination in chief, the complainant has reiterated the averments made in the complaint. Ex.P1 is the cheque, Ex.P2 is the cheque return memo which indicates that cheque is returned for the reason "Present in proper zone." on 26-09-2019, Ex.P3 is the demand notice issued by the complainant to the accused through his Advocate calling upon the accused to make payment of the cheque amount, Ex.P4 & 5 are the postal receipts, Ex.P6 is the Postal Track Consignment, Ex.P7 is the un served RPAD postal cover, Ex.P8 is the On demand Promissory note with consideration receipt and Ex.P9 is the bank statement copy.

23. The observation made in the aforesaid ruling has no application to the case in hand and even if the observation made in the aforesaid ruling is applied to the case in hand then also the said observation favours the case of complainant instead the accused.

24. So far as the service of notice to the accused is concerned, the complainant has issued legal notice to the office address and residential address of the accused. He has produced office copy of the legal notice, two postal acknowledgments, track consignment report and unserved postal cover marked as Ex.P3 to Ex.P7. Ex.P7 is the unserved postal cover issued to the first address of the accused and same is returned with shara "Insufficient address not found". As per the track consignment report at Ex.P6, the legal notice issued to the accused to his second address is delivered.

27. Though the accused has denied the correctness of the first address mentioned in the legal notice and complaint, but he has not placed any document to prove as to what exactly is the correct address of the accused. The accused nowhere has denied the correctness of the second address. Though the accused in his evidence in chief has stated his address which is all together different from the two addresses mentioned in the legal notice and complaint but accused has not placed any document to prove that the address mentioned in his evidence in chief is his correct address. Had the accused produced his Aadhar card and other document to prove his address and had the address mentioned in the Aadhar card and other document different from the address mentioned in the legal notice, then there is some reason to believe that the address mentioned in the legal notice is the incorrect address of the accused. At the cost of repetition the notice issued to the accused to the second address is served as per track consignment report. Further in the bail bond executed by the accused before the court he has mentioned the address which is in consonance with the first address mentioned in the legal notice. When the accused has not produced any iota of document to prove that the address mentioned in the legal notice is wrong and incorrect address there is no reason to believe that the complainant has issued legal notice to the incorrect address of the accused.

:ANNEXTURE:

LIST OF WITNESSES EXAMINED ON BEHALF OF THE COMPLAINANT P.W.1 : Sri.S.J. Javaraiah P.W.2 : Sri. Rangahanumaiah Y.M. LIST OF DOCUMENTS MARKED ON BEHALF OF COMPLAINANT:

Ex.P1 : Original Cheque issued by accused Ex.P1(a) : Signature of the accused.

Ex.P2             :   Bank endorsement
Ex.P3             : Copy of legal notice
Ex.P4 & 5         : Two Postal receipts
Ex.P6             : Postal Track consignment
Ex.P7             : Postal cover
Ex.P8             : On Demand Promissory note with


                     consideration receipt
Ex.P8(a) &        : Signatures of the accused.
Ex.P8(b)
Ex.P8(c) & (d)       Signature of the
                     PW2/(Rangahanumaiah Y M) and
                     signature of the Ramakrishna
Ex.P9             : Copy of bank statement