Document Fragment View

Matching Fragments

Karnataka Bank Ltd., Srirampuram Branch, Bengaluru in favor of complainant. As per the instruction of the accused, complainant presented the said cheque for encashment through his banker, but the said cheque came to be dishonored and returned with shara "Cheque Destroyed". Hence the complainant has issued legal notice on 12.12.2022 through RPAD to the accused address and the same was served on 14.12.2022 to the Bengaluru local address. The accused has not paid the amount, and hence, the complainant has filed the present complaint before this Court.

5. I have heard the arguments of learned counsel for the complainant and perused the written arguments submitted by the learned accused counsel. Perused the entire records in this case.

6. The following points arise for my consideration:

1. Whether the complainant proves that, the accused has issued the cheque bearing No. 612652 dated 14.11.2022, for a sum of Rs.4,00,000/- drawn on M/s. Karnataka Bank Ltd., Srirampuram Branch, Bengaluru and the complainant presented the said cheque for encashment, but the said cheque returned on 28.11.2022 with an endorsements as "Cheque Destroyed" ?

9. According the complaint, accused borrowed in total Rs.4,00,000/- from him, but thereafter accused has not paid the amount. Hence the complainant demanded to return the amount and towards discharge of the liability, the accused issued a cheque bearing Nos.612652 and when complainant presented it for realization through his banker and the said cheque dishonored and returned with shara "Cheque Destroyed " on 28.11.2022, hence he issued the legal notice to the accused on 12.12.2022 through RPAD and the same was served. The accused has not paid the amount, hence the complaint.

27. The complainant produced the cheque marked as Ex.P4 which was issued in his favour and he is the holder in due course and the said cheque was dishonored for the reason Cheque destroyed and even after issuance of notice, the accused has not paid the cheque amount. Thereby he has committed an offence punishable under section 138 of N.I. Act. Accordingly, I answered the Point No.1 and 2 in the Affirmative.

POINT No.3:-

28. Hence, considering the facts and circumstance involved in the case, I am of the opinion that, the complainant is entitled for the compensation as per section 80 of the Negotiable Instrument Act. Accordingly, in the light of above detailed discussion, I proceed to pass the following: