JUDGEMENT
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(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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