BEFORE THE XXIV ADDL.

CHIEF MEETROPOLITAN MAGISTRATE

AT BANGALORE

C. C. No: XXXX/2021

Between

M/S. xxxxxxxx Complainant

And

xxxxxxxxxx. Accused

ACCUSED FILED DISCHARGE APPLICATION U/S 258 OF Cr. P. C

The above named accused most respectfully submits as follows:

1. It is submitted that the above mentioned complainant has Filed the

complaint against the alleged accused that the accused have allegedly
committed an offence for the offences punishable u/s 200 of the
Cr.P.C. read with 138 of Negotiable Instrument Act.

2. The alleged offence against the accused is baseless and the accused is
innocent of the said offence.

3. The accused submits that he has not borrowed any money from the
complainant but the actual borrower is Mr. Lokesh G. The accused
further submits that the complainant has misused his cheque to filed
false case under the NI Act

4. The accused submits that the complainant and the borrower have
colluded by misusing the cheque of the accused. In this case the
complainant has not made the principle borrower and his wife co-
borrower the parties, only the guarantor; the accused in this case has
been made party with malicious intention to unlawfully extract
money from accused.

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5. It is submitted that to constitute an offence under section 138 of the
Negotiable Instrument Act, the cheque has to be issued to discharge
in whole or in part any debt, but in this case the accuse has not issued
any cheque against discharge of debts.

6. The accused further submits that the alleged legal notice dated 22-
02-2021, has been addressed to
“xxxxxxxxxxxxxx.,
Xxxxx International Pvt. Ltd.,
Bangalore FC’S, JP Nagar, Sahakar Nagar, Bengaluru”.

But the accused has no presence and access in this address, hence the
accused has not received the alleged legal notice. It is submitted that
the complainant and the borrower have colluded and deliberately
sent legal notice to above address where they knew the accused was
not available. This was done with malicious intention to ensure that
the accused is not aware of the happening till filing of this cheque
dishonour case against him. The following document were allegedly
sent to the above address by the complainant in order to keep the
accused unaware of the false case being filed against him
a) Legal Notice RPAD
b) Legal Notice Speed Post
c) PCR against the accused
d) Court Summons
e) In the complainant evidence in this case the same above address
has been mentioned.

7. The accused submits that, the court summons were sent to his
residential address No. xxx Srigandada Kavalu, Pillappan Katte,
Sunkadakatte, Bangalore – 560091 belatedly after the completion of
complainant evidence, though this residential address was there with
the complainant. This was done intentionally to get the accused
punished under NI Act for an offence which he has not committed. No
proceedings could be launched against accused on basis of such

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 defective notice, it clearly shows the fraudulent intention of the
complainant who has sent such defective notice to keep the accused
in the dark deliberately.

WHEREFORE, the accused most humbly prays that this Hon’ble Court
may kindly be pleased to discharge the accused from the alleged
offences alleged in C.C. No. xxxx/2021, in the interest of justice and
equity.

Place: Bangalore

Date: 10/03/2022 Advocate for Accused