A.FRANCIS Vs. FUTURE CAPITAL HOLDINGS LTD
LAWS(KAR)-2022-6-789
HIGH COURT OF KARNATAKA
Decided on June 03,2022

A.FRANCIS Appellant
VERSUS
Future Capital Holdings Ltd Respondents

JUDGEMENT

- (1.)The present petitioner was accused in C.C.No.32144/2010, in the Court of the learned XV Addl.Chief Metropolitan Magistrate, Bengaluru City, (hereinafter for brevity referred to as the "trial Court"). By its judgment dtd. 24/8/2012, the trial Court convicted the accused for the offence punishable under Sec. 138 of Negotiable Instruments Act, 1881 (hereinafter for brevity referred to as 'N.I.Act') and was sentenced accordingly.
(2.)The summary of the case of the complainant in the trial Court was that the accused had availed a personal loan facility from the complainant, which is a registered Company under the Companies Act , 1956, and thereafter, towards the part repayment of the loan amount, he had issued two cheques in favour of the complainant, both drawn on ICICI Bank, Indira Nagar Branch, Bengaluru, both dtd. 13/2/2010, for a sum of Rs.25,000.00 and Rs.50,000.00 respectively. When the said cheques were presented by the complainant for their realisation through its Banker, both cheques came to be returned unpaid with the Banker's shara "insufficient funds". Thereafter, the complainant got issued a legal notice dtd. 15/4/2010 upon the accused under Registered Post Acknowledgement Due, calling upon the payment of the cheque amount. However, the said notice returned with the postal shara "intimation delivered" on 17/4/2010. Since the accused did not repay the loan amount, the complainant was constrained to institute a case against the accused in the trial Court for the offence punishable under Sec. 138 of N.I.Act.
(3.)Since the accused pleaded not guilty, charges were framed against the accused for the alleged offence.


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