Appellants have filed this appeal U/s.374(3) of Code
of Criminal Procedure assailing the judgment of
conviction and order of sentence passed in
C.C.No.8362/2021 dated 30/09/2022 on the file of 12th
Addl. SCJ and ACMM, (SCCH-8) Bengaluru.
2. Rank of the parties is referred to as per their
ranks assigned before the trial court.
3. The facts of the case leading to this appeal
may be summarized as under;
The respondent is complainant before the trial
court, he has filed a private complaint U/s.200 of Code of
Criminal Procedure alleging the offence committed by
Crl.Appeal No.1287/2022
the accused No.1 and 2 for the offence punishable
U/s.138 of Negotiable Instrument Act (herein after
referred as N.I.Act). According to the complainant,
accused No.2 is the proprietor of accused No.1
establishment, accused No.2 is involved in the business
of installation and maintenance of elevators, as such
accused No.2 approached the complainant during the
month of January 2020 assuring to undertake the job of
installation of elevator in his building, as such,
complainant accepted the offer and in that connection
an agreement was entered into on 28/01/2020 for
installation of elevator for a total sum of Rs.7 lakhs,
towards said work complainant paid an advance amount
of Rs.4,70,000/- in favour of accused No.2 during the
month of February 2020 and it was agreed to pay
remaining balance amount after completion of work by
accused No.2, thereafter accused No.2 did not keep up
Crl.Appeal No.1287/2022
his promise and did not take any steps to install the
elevator in the building of complainant, inspite of several
requests and demands made by the respondent,
accused No.2 did not show any inclination of elevator,
during the month of October 2020, accused No.2
expressed his inability to complete the work and agreed
to return the advance amount of Rs.4,70,000/- to the
complainant, as such accused No.2 issued four cheques
bearing No.116801 dated 28/01/2021, 116803 dated
29/03/2021, 116804 dated 09/04/2021 and 116805 dated
26/02/2021 drawn on Canara Bank, Hebbal branch in
favour of complainant for a sum of Rs.1 lakhs each and
further agreed to pay the balance amount of Rs.70,000/-
by way of cash, upon presentation of cheque bearing
No.116801 dated 28/01/2021 through his banker, same
was returned with an endorsement funds insufficient, as
per the instructions of accused No.2, complainant
Crl.Appeal No.1287/2022
presented the cheque bearing No.116803 dated
29/03/2021, 116804 dated 09/04/2021 and 116805 dated
26/02/2021 drawn on Canara bank, Hebbal branch,
Bengaluru through his banker State Bank of India,
Gayathrinagar branch, Bengaluru on 15/04/2021 for
encashment, however, said cheques for sum of Rs.1
lakh each were returned with an endorsements dated
17/04/2021 as funds insufficient, accused No.2 had also
issued cheque for a sum of Rs.3 lakhs towards
discharge of civil liability for having received
Rs.4,70,000/-, which has not been repaid to the
complainant, accused No.2 has deliberately maintained
insufficient funds in his account so as to defraud the
complainant, as such complainant got issued legal notice
dated 26/04/2021 to accused No.1 and 2 through RPAD,
which was duly served on 29/04/2021, despite the
same, accused neither paid the amount covered in the
Crl.Appeal No.1287/2022
cheques nor replied. Thus by complying the ingredients
of Section 138 of N.I.Act, a complaint under Sec.200 of
Cr.P.C. is filed. The trial court took cognizance and after
going through the materials found the prima facie case
against accused for an offence punishable U/s.138 of
Negotiable Instrument Act, registered criminal case and
issued summons.
