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2) What Order?

9. My findings on the above points are as under; 

                Point No.1     : In Negative,

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

                             REASONS

10. Point No.1: The complainant to substantiate her case has examined herself as CW.1 and reiterated the averments of the complaint in her chief examination. Further has produced original cheque bearing No.007145 dtd.31.07.2019 for Rs.7,50,000/- at Ex.P1. Ex.P2 is the bank endorsement dtd.01.08.2019 wherein the said cheque has been dishonored for the reason "payment stopped by drawer". Ex.P3 is the legal notice dtd.27.08.2019 to the accused demanding the cheque amount within 15 days of its receipt. Ex.P4 is the postal receipt showing dispatch of said legal notice to the accused on 30.08.2019. Ex.P5 is the postal acknowledgment showing service of notice to accused on 31.08.2019. Ex.P6 is the track consignment report taken out from the postal web-site wherein notice is shown to be served on 31.08.2019. In the cross-examination, the suggestion that cheques have been issued by the accused under police coercion as security towards the lease amount to be paid to the complainant by his brother-Suresh Kumar has been denied. Also has denied the suggestions that the accused has no acquaintance with the complainant; no loan has been lent to the accused; no legal notice is served on the accused and the complainant has no financial capacity to lend loan.

(Emphasis supplied by me)

30. In the case on hand, even though the accused has disputed the correctness of his address and has produced some documents showing his different address, it is not forthcoming as to on what basis he has appeared before this court in the present matter even if the address shown in the complaint is not correct. The complainant has clearly shown that after dishonour of the cheque, statutory notice at Ex.P3 has been issued on 27.08.2019 as could be ascertained from the postal receipt at Ex.P4 and the same is shown to be delivered on 31.08.2019 as could be ascertained from track consignment report of postal department produced at Ex.P6. When the accused has appeared before the court and contested the matter, due service of legal notice shall be inferred. Therefore, the contention of the accused that notice has not been served upon him cannot be appreciated.

(Dictated to the stenographer, transcribed thereof, computerized and print out taken by him is verified, corrected and then pronounced by me in open court on this the 14 th day of November, 2022) (OONKAR MURTHY K.M) XIV ADDL. C.M.M.,BENGALURU ANNEXURE List of witnesses examined by complainant:

CW.1 : Smt. Rebecca Dhanasingh List of documents marked by complainant: 

Ex.P1          : Cheque
Ex.P1(a)       : Signature of the accused
Ex.P2          : Bank endorsement
Ex.P3          : Legal Notice
Ex.P4          : Postal receipt
Ex.P5          : Postal acknowledgment
Ex.P6          : Track consignment report