“The present complaint pertains to the fact that in the year 2005, the accused requested the complainant to lend him some money so that he may start some business on which the complainant lend the money from time to time on interest @ 15% p.a. In November, 2005, on the request of the accused, the complainant opened a joint account with the wife of the accused by depositing Rs.3,00,000/- in cash and the complainant kept on paying the accused as per his requirement either in cash or through cheque. Further in 2007, the account was settled between the complainant and the accused where Rs.13,50,000/- was owed by the accused towards the complainant in lieu of which the accused issued two post dated cheques of Rs.10,00,000/- and Rs.3,50,000/- dated 10.3.2008 and 10.1.2009 respectively with the rider that if the accused would pay Rs.15,000/- per month then the cheque dated 10.3.2008 will not be presented on the due date, however, if the accused failed to honour the same, the cheque would be presented for encashment, however, the accused failed to make the payment per month on which the complainant presented the cheque amounting to Rs.10,00,000/- bearing no.669663 for encashment, however, the same was returned unpaid vide return memo dated 30.8.2008 on which legal notice dated 18.9.2008 has been served upon the accused asking to repay the cheque amount, however, the accused failed to repay the same within the stipulated period of time. Hence, this complaint.”
