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18.03.2013 on the date of execution of lease date and inspite of repeated request and demand made by the complainant, the accused did not hand over the possession of the lease agreement property and nor repaid the lease agreement amount and thereafter he has issued cheque bearing No.31294, dated: 25.04.2013 for Rs.6,50,000/- drawn on Karnataka Bank. When the complainant has presented the said cheque for encashment through his banker, but the said cheque was returned with an endorsement as "Outdated".

2. What order ?

7. My answer to the above points are; 

           Point No.1        :       In the Affirmative





              Point No.2        :         As per final order for the
                                          following;

                            REASONS
8.   POINT No.1 :          In this complaint, the complainant

specifically pleaded that, the complainant is an Ex-service man, he was serving about 16 years in Indian Army and he took voluntary retirement and after he was wanted to settle at Bengaluru along with his old age mother. He was looking for a residence for rent. Thereafter the complainant has approached for occupying his residence for rental basis through real estate agent. The accused is the owner and in possession of the 1st Floor in property bearing SyNo.61, 9th Cross, R.C. Agrahara, Chamrajpet, Bangalore-560 018, consisting of two bedroom, one kitchen, one bathroom and toilet also was looking for prospective tenants to lease the aforesaid property and as per the lease agreement to occupy the property of the accused both of them were negotiated as per the terms of lease agreement which has been executed by the accused in favour of the complainant on 18.03.2013, lease agreement of period of three years, as per the negotiation talks which was for Rs.6,50,000/- and accordingly, the complainant had paid by way of issuance of three cheques, bearing No.962282 for Rs.5,40,000/-, cheque bearing No.00914 for Rs.50,000/- and another cheque bearing No.009915 for Rs.50,000/- and Rs.10,000/- by way cash, total amount of Rs.6,50,000/-, but the accused for the best reasons known to him, has got made the lease agreement as if the complainant has paid an amount of Rs.8,50,000/- towards security deposit. Accordingly, the accused has received lease amount of Rs.6,50,000/- from the complainant as per the endorsement made in the lease deed in presence of the witnesses and balance amount of Rs.2,00,000/- is to be given by the complainant to the accused after hand over the possession of the lease property in favour of the complainant, such being facts, the accused has failed to vacate the possession and hand over the lease out property even after receipt of the lease amount of Rs.6,50,000/-, he was hand over the possession of the lease property within one month. Inspite of that, he was not hand over the said property for his resident as agreed in the lease agreement and he has also not repaid the lease amount which has been paid by the complainant to the accused as per the terms and condition dated: 18.03.2013 on the date of execution of lease date and inspite of repeated request and demand made by the complainant, the accused did not hand over the possession of the lease agreement property and nor repaid the lease agreement amount and thereafter he has issued cheque bearing No.31294, dated: 25.04.2013 for Rs.6,50,000/- drawn on Karnataka Bank. When the complainant has presented the said cheque for encashment through his banker, but the said cheque was returned with an endorsement as "Outdated". Thereafter, the complainant has been informed to the said fact to the accused and accordingly the accused had issued cheque bearing No.416056, dated:04.09.2014 for Rs.3,00,000/- and another cheque bearing No.416057, dated:04.09.2014 for Rs.3,50,000/- both cheques drawn on Andhra Bank. When the complainant has presented the said cheques for encashment through his banker, but the said cheques were dishonounred with an endorsement as "Insufficient Funds". Thereafter, the complainant has been informed to the said fact to the accused, but the accused has not responded the same, then the complainant has issued legal notice on 16.10.2014 though his counsel by the RPAD, the said notice was duly served, calling upon to repay the lease agreement amount within 15 days from the date of receipt of the legal notice. Despite of service of the legal notice neither he had repaid the lease amount and nor reply the same. Thereafter, the complainant had constrained to file a complaint against the accused for the offence punishable Under Section 138 of N.Act., which is well within time.

12. It is crystal clear that, on perusal of the evidence of the complainant and also he was an ex-service man, he was having sufficient source of income for taking property mentioned in Ex.P1 for on lease from the accused by paying lease amount of Rs.6,50,000/- on the date of lease deed and the said fact has been not disputed by the accused during the course of cross of PW-1. Though the with an malafide intention in the lease deed Ex.P1 it has been mentioned that, he has lease out of the property to the complainant for Rs.8,50,000/-, to disprove the contents of Ex.P1 and version of the PW-1 he has not at all put any question during the course of cross-examination of PW-1, stating that, he has agreed to let-out the said property to the complainant for Rs.6,50,000/- and he has let-out of Rs.8,50,000/- he has not disputed in respect that, he has not at all received the lease amount by way of cheques and by way of cash as deposed by the complainant and averred in the complaint. Since, inspite of lapse period as agreed by the accused under Ex.P1 that, he will vacate the property and allot the possession of the said property to the complainant for occupation, but he failed to comply the terms and conditions of the Ex.P1, thereby the complainant repeated request to repay the lease amount, which has been paid by the complainant as per Ex.P1 by way of cheque and cash on 18.03.2013 and thereafter the accused has issued cheque bearing No.31294, dated:25.04.2013 drawn on Karnataka Bank, the complainant has presented the said cheque for encashment though his banker, but the said cheque was dishonoured with an endorsement as "outdated" and thereafter the accused issued cheque bearing No.416056, dated:04.09.2014 for Rs.3,00,000/- and cheque bearing No.416057, dated: