N Somashekar vs Sujitha Patapati on 17 April, 2026

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    Bangalore District Court

    N Somashekar vs Sujitha Patapati on 17 April, 2026

    KABC020501502024
    
    
    
    
      IN THE COURT OF THE XXII ADDL. JUDGE, COURT OF
           SMALL CAUSES AND ADDL. CHIEF JUDICIAL
               MAGISTRATE, BENGALURU CITY
                       (SCCH-24)
        Presided Over by Smt. Roopashri, B.Com., LL.B.,
                         XXII ADDL., SCJ & ACJM,
                         MEMBER - MACT,
                         BENGALURU.
                 Dated: On this day of 17th day of April 2026
                            CC NO.12617/2024
    
        1.    Sl.No. of the Case   : 12617 of 2024.
    
        2.    The date of          :   11-06-2024
              commission of the
              offence
        3.    Name of the          : Sri N Somashekar
              Complainant            S/o Narayanappa,
                                     Aged about 43 years,
                                     Residing at No.226,
                                     Ganga Bhavani Colony,
                                     Kodigehalli,
                                     Bangalore -560 092.
    
                                       (By Sri.G K Varada Reddy,
                                       Advocate)
    
        4.    Name of the              Smt. Sujitha Patapati
              Accused                  S/o A K Raghu,
                                       Aged about 35 years,
     SCCH-24                        2             C.C.12617/2024
    
    
                                       R/at No.2, 8th main,
                                       IOB Bank Lane,
                                       Beside Bharadwaja Apartment,
                                       Balaji Layout,
                                       Kodigehalli,
                                       Bangalore -560 092.
    
                                       And also at:
                                       'Sahaja Pride' No.29/2,
                                        Door No.004. 6th cross,
                                       Badrappa Layout,
                                       Kodigehalli,
                                       Sahakaranagar Post,
                                       Bangalore -560 092.
    
                                        (By Sri T V M Advocate)
    
       5.     The offence complained       :    Under Section 138 of the
              of or proves                      Negotiable Instrument Act.
       6.     Plea of the accused and      :    Pleaded not guilty.
              his examination
       7.     Final Order                  :    Accused found guilty
       8.     Date of such order for       :    17-04-2026
              the following
    
                              JUDGMENT
    

    This complaint is filed under Sec. 200 of Cr. P. C. for
    the offence punishable under Section 138 of the
    Negotiable Instruments Act.

    SCCH-24 3 C.C.12617/2024

    SPONSORED

    2. It is the case of the complainant that:

    The accused is the owner of the property bearing Flat
    No.101, first floor with a plinth area of 1342 sq feet in the
    building known as “Sai Nilaya” along with 230 sq feet of
    undivided share constructed in the site Nos.21 and 22,
    (old BBMP katha No.582/21, new BBMP Katha
    No.31/33/21 measuring in total extent of 5600 sq feet
    along with undivided share in the land situated at
    Kodigehalli Village, Yelahanka Hobli, Bangalore North
    Taluk, Bangalore (hereinafter referred to as the schedule
    property). The accused agreeing to sell the schedule
    property for a consideration of Rs.45,00,000/- has
    executed registered sale agreement dated 15-04-2023. On
    the date of agreement itself part consideration of Rs.
    10,00,000/- was paid by the complainant agreeing to pay
    the balance consideration of Rs.35,00,000/- on or before
    the execution of registered Sale Deed. The accused from
    time to time on different dates had received balance
    consideration of Rs. 35,00,000/- to repay the loan of her
    husband so also of the accused, but has failed to execute
    the registered Sale Deed. As a security for sum of
    Rs.45,00,000/- received by her towards the sale
    consideration, she has issued two cheques of her husband
    SCCH-24 4 C.C.12617/2024

    as security. The accused had no intention to execute the
    registered Sale Deed in favour of the complainant. Hence,
    she agreed to refund the sale consideration of
    Rs.45,00,000/- and additional sum of Rs. 5,00,000/-
    towards breach of contract in all sum of Rs. 50,00,000/-.
    The accused by taking back the two cheques of her
    husband given as security, has issued two post dated
    cheque dated 15-01-2024 for Rs.25,00,000/- each
    towards the payment of consideration amount received by
    her and executed document styled as ” ಪರಸ್ಪರ ಒಡಂಬಡಿಕೆ ಪತ್ರ” on
    17-11-2023 it is under the said document she has issued
    the aforesaid two cheques for Rs. 25,00,000/- each and
    assured the complainant that she will return the amount
    within one week or 10 days from 17-11-2023 and in the
    event if she failed to pay the amount within the stipulated
    period then to present the cheques after the date
    mentioned in the cheque.

    3. Even after the date mentioned in the cheque
    since the accused did not return the amount, as per the
    instruction of the accused, the complainant presented the
    cheque through his banker Karnataka Bank, Sahakar
    Nagar Branch, Bangalore. The said cheque was
    dishonoured for the reason ” Funds Insufficient” on
    14-02-2024.

    SCCH-24 5 C.C.12617/2024

    4. At the request of accused the complainant
    presented the cheque again through his banker Karnataka
    Bank, Sahakar Nagar Branch, Bangalore in the last week
    of March -2024. The said cheque was again dishonoured
    for the reason ” Funds Insufficient” on 25-03-2024.
    Thereafter the complainant issued legal notice on 24-04-
    2024 through RPAD. Though the notice was served to the
    accused but she returned it back as “unclaimed”.
    Accordingly, accused has committed an offence
    punishable under Sec.138 of N.I Act.

    5. After recording the sworn statement of the
    complainant and verifying the documents, cognizance was
    taken against the accused for the offence punishable
    under Sec. 138 of N.I. Act. The accused on receiving the
    summons appeared before this Court through her
    counsel, enlarged on bail and her plea was recorded. The
    accused pleaded not guilty and claims to be tried. Hence,
    the case was posted for arguments.

    6. The complainant got examined himself as PW.1
    and got marked documents as Exs.P1 to 13. During the
    cross-examination of DW.1, learned counsel for
    complainant has confronted documents and got them
    SCCH-24 6 C.C.12617/2024

    marked as Ex.P.14. Then, the case was posted for
    recording the statement of accused under Sec.313 Cr.P.C.
    In the statement U/s 313 Cr.P.C., the accused has denied
    all the incriminating evidence appearing against her and
    claimed to be tried.

    7. The accused got examined herself as DW.1 and
    got marked documents as Ex.D1 to Ex.D7. Hence, the
    case was posted for arguments.

    8. Heard the arguments and perused the records.

    9. The following points arise for my consideration:

    1. Whether the complainant proves that
    accused has committed offence
    punishable under Sec.138 of N.I. Act?

    2. What order?

    10. My findings on the above points are as under

    Point No.1: In the affirmative;

    Point No.2: As per final order
    for the following:

    -: R E A S O N S :-

    11. POINT NO.1:- It is the definite case of the
    complainant that, towards the discharge of legally
    recoverable debt, the accused has issued disputed
    SCCH-24 7 C.C.12617/2024

    cheques and when the cheques was presented for times,
    same was dishonoured for the reason “Funds
    Insufficient”. Though the said fact was brought to the
    notice of the accused by issuing legal notice, but accused
    has failed to repay the cheque amount.

    12. In order to substantiate the contention, the
    complainant got examined himself as Pw1 and got marked
    in all 14 documents as ExP1 to Ex.P14. If the documents
    produced by the complainant are perused, Ex.P1 and 2
    are the cheques which bears the signature alleged to be of
    accused. It is deposed by Pw1 that cheques in question
    was issued by the accused towards discharge of her legal
    liability. The cheques in question was presented by the
    complainant through his banker which was returned with
    memo as per ExP3 to Ex.P6 stating “Funds Insufficient”.
    Hence, he got issued legal notice to the accused through
    RPAD, which is produced at Ex.P.7. The postal receipts
    are marked at Ex.P.8 & Ex.P9. Unserved postal cover and
    notice inside the postal cover are marked as Ex.P10 and
    Ex.P11. Sale agreement dated 15-04-2024 is marked as
    Ex.P12. Contract Agreement dated 17-11-2023 is marked
    as Ex.P13. Absolute Sale Deed is marked as Ex.P14.

    SCCH-24 8 C.C.12617/2024

    13. The accused by leading her evidence has taken
    the defence that complainant was not known to her and
    that at the instance of her husband she had executed sale
    agreement in respect of the schedule property in favour of
    complainant for a consideration of Rs.10,00,000/-. Even
    though sale agreement was registered but the
    complainant did not pay the consideration amount of
    Rs.10,00,000/- but only paid sum of Rs.2,00,000/-.
    Hence she did not come forward to execute the registered
    Sale Deed in favour of the complainant. It is for the first
    time at the time of execution of sale agreement she had
    seen the complainant and thereafter she had seen the
    complainant only before the court. The accused further
    stated about the complaint lodged by her against the
    complainant before the Woman Commissioner and
    Jurisdictional PS. The accused has denied the MOU as
    per Ex.P13 entered between her and the complainant. The
    accused has denied the cheque in question issued by her
    and stated that they were constructing the house and she
    had given her ATM and cheque to the husband and it was
    with her husband. To meet the construction expenses, her
    husband used the ATM and cheque book of the accused.
    In the evidence the accused pleaded ignorance as to how
    the disputed cheque has reached the hands of the
    complainant.

    SCCH-24 9 C.C.12617/2024

    14. In order to substantiate the defence, the
    accused got examined herself as DW.1 and got marked
    document as Ex.D1 to Ex.D7.

    15. If the defence of the accused is perused,
    nowhere in the evidence of accused she has disputed the
    service of legal notice. If Ex.P7 to Ex.P11 are perused,
    legal notice as per Ex.P7 was issued through RPAD to the
    address of the accused. The legal notice was returned with
    shara “Unclaimed”. The accused nowhere has disputed
    the correctness of her address mentioned in the notice
    and postal cover. Further when legal notice issued
    through RPAD was returned with shara “Unclaimed”, as
    per Sec.27 of the General Clauses Act presumption shall
    be raised regarding due service of legal notice. In spite of
    service of legal notice the accused did not opt to give reply
    notice.

    16. The accused nowhere in her evidence has
    disputed the financial capacity of the complainant to part
    with sum of Rs.45,00,000/- towards the consideration
    amount of sale agreement. It is true that in the cross
    examination of PW.1 question was posed to the
    complainant regarding his avocation and question was
    SCCH-24 10 C.C.12617/2024

    posed that complainant has not produced his bank
    statement and Income Tax Return and denied the
    payment of consideration amount under Ex.P12. The
    PW.1 has deposed that he is running Cooking Section in
    Bar and Restaurant on partnership. The accused has not
    denied the avocation of the complainant. Further if the
    entire cross examination of PW.1 and the evidence of
    accused is perused, wherein she has bent upon stated
    that the complainant is having money lending business
    with her husband. If really complainant is not financially
    sound, he would not have lend money to any one. Hence,
    from the evidence of accused it can be gathered that the
    complainant is financially sound. When there is no
    specific question was posed to the PW.1 that he was not
    financially sound to part with sum of Rs.45,00,000/- and
    when it is nowhere the case of the accused that
    complainant is not financially sound, under such
    circumstances even if complainant has not produced any
    document in proof of his financial condition, the court
    cannot come to the conclusion that the complainant is
    financially unstable so as to give sum of Rs.45,00,000/-
    towards the sale consideration.

    17. It is the case of the complainant that he had
    given entire amount of Rs.45,00,000/- by way of cash on
    SCCH-24 11 C.C.12617/2024

    different dates. It is also deposed by complainant that he
    has not disclosed the alleged sale transaction and
    consideration amount of Rs.45,00,000/- given to the
    accused in his Income Tax Returns.

    18. The learned counsel for accused has
    vehemently submitted that there is prohibition to have
    cash transaction of the amount exceeding Rs.20,000/ and
    that one has to disclose the transaction in the Income Tax
    Returns. Hence, non disclosure of transaction of
    Rs.45,00,000/- in the Income Tax Returns, the contention
    taken by the complainant that he had given sum of
    Rs.45,00,000/- by way of cash cannot be accepted.

    19. On the point of argument canvassed herein
    above by the learned counsel for accused, it is opt to refer
    here the judgment rendered by Hon’ble Supreme Court in
    Crl. Appeal No.175/2010 decided on 25-09-2025. The
    Hon’ble Supreme Court while deciding an Appeal against
    a Bombay High Court judgment observed that the Kerala
    High Court’s recent judgment in P.C. Hari Vs. Shine
    Varghese and Anr., delivered on 25-06-2025 was wrong. It
    is observed that “a violation of Section 269SS of the
    Income Tax Act, 1961, which restricts cash transactions
    above Rs.20,000/- does not render such transactions
    SCCH-24 12 C.C.12617/2024

    illegal, void or unenforceable. The Hon’ble Supreme Court
    observed that “the breach of Section 269SS merely
    attracts the statutory penalty prescribed u/Sec.271D and
    cannot by itself invalidate a debt for the purpose of
    proceedings u/Sec. 138 of the NI Act 1881. Holding that
    the presumptions under Sections 118 and 139 of the NI
    Act remain unaffected, the Hon’ble Supreme Court
    rejected the view taken in P.C.Hari that cash transactions
    above Rs.20,000/- are void and do not qualify as “legal
    enforceable debt”. Hence, non disclosure of alleged loan
    transaction in the Income Tax Returns does not affect the
    case of the complainant in proving the alleged loan
    transaction.

    20. Further the Hon’ble High Court of Karnataka in
    Crl. Appeal No. 143 of 2019 between Mahesh R Vs. B M
    Mahesh
    decided on 30-10-2024. In the said case, the
    Hon’ble First Appellate court by referring Sec. 269 of
    Income Tax Act held that the complainant could have lent
    more than Rs.20,000/- in cash which is barred under
    Income Tax Act. But the Hon’ble High Court has observed
    that ” there is no such provision in NI Act and the NI Act do
    not bar lending of such amount in cash. If at all the
    complainant has violated the provisions of Income Tax Act,
    it is for the Income Tax Department to take action and the
    SCCH-24 13 C.C.12617/2024

    accused could have complained to the said Department.
    But the same cannot be ground to seek acquittal”.

    21. Hence, non disclosure of transaction in the
    Income Tax Returns and having cash transaction of the
    amount above Rs.20,000/- would not be a ground to
    dismiss the complaint.

    22. It is not in dispute that the accused had
    executed registered agreement of Sale as per Ex.P12. As
    observed supra, the accused while admitting the
    execution of Ex.P12 has taken the contention that the sale
    price of the property was Rs.10,00,000/- and the
    complainant has not paid the consideration amount of
    Rs.10,00,000/- hence they did not execute the registered
    Sale Deed in favour of the complainant.

    23. It is true that the complainant has not
    produced any other document like receipt to prove that
    under the Ex.P12 consideration of Rs.10,00,000/- was
    passed to the accused. But if the admitted document at
    Ex.P12 is perused, at first it is a registered document.
    When execution of document is admitted by the accused
    she has to admit the contents of the document. If Ex.P12
    is read in whole, there is recital to the effect that the
    SCCH-24 14 C.C.12617/2024

    accused by agreeing to sell the schedule property in
    favour of the complainant for a consideration of
    Rs.45,00,000/- has received part consideration of
    Rs.10,00,000/- and agreed to execute the Sale Deed by
    receiving balance consideration of Rs.35,00,000/-. When
    there is a clear recital in the Ex.P12 regarding passing of
    part consideration of Rs.10,00,000/- and when accused
    admits her signature under such circumstances there is
    every reason to believe that accused had received sum of
    Rs.10,00,000/- under the Ex.P12. If she had not received
    Rs.10,00,000/- she would not have executed registered
    Sale Agreement as per Ex.P12. When Ex.P12 is an
    admitted document no more discussion would be required
    and further proof of Ex.P12 would also be not required.

    24. It is contended by the accused that at the say of
    her husband she has executed sale Agreement as per
    ExP.12. When accused has admitted that she is the owner
    of the schedule property and when she has executed the
    Ex.P12 she has to abide by the terms and condition of the
    agreement. At whose instance she has executed Ex.P12 is
    immaterial and it does not make any difference.
    Admittedly, the accused has not executed registered sale
    Deed in respect of the schedule property in favour of the
    complainant. According to the complainant, prior to the
    SCCH-24 15 C.C.12617/2024

    execution of Ex.P12 itself the accused had raised loan on
    the schedule property and had executed two sale
    documents in favour of third parties, hence there was no
    possibility of execution of Sale deed. When accused has
    executed Sale Agreement and it is proved through Ex.P12
    of the consideration amount of Rs.10,00,000/- received by
    the accused under such circumstances she is bound to
    repay the said amount.

    25. It is the contention taken by the complainant
    that after the execution of Sale Agreement, from time to
    time he had paid balance consideration amount of
    Rs.35,00,000/- and when the accused failed to execute
    the Sale Deed, she come forward to refund the amount
    with penalty of Rs.5,00,000/- and by entering into MOU
    as per Ex.P13 dated 17-11-2023 issued the disputed
    cheque for Rs.25,00,000/- each agreeing to pay the
    consideration amount received by her within the
    stipulated period. As accused failed to keep up the
    promise by not refunding the amount, the complainant
    presented the cheques.

    26. The accused has denied the MOU as per Ex.P13
    entered between her and the complainant. She even has
    denied her signature in the Ex.P13. If Ex.P13 is carefully
    SCCH-24 16 C.C.12617/2024

    perused, the husband of the accused has signed the
    Ex.P13 as witness. The accused nowhere has denied the
    signature of her husband in the Ex.P13. If the disputed
    signature of the accused in the Ex.P13 is compared with
    the admitted signature in the Ex.P12, cheque and other
    documents, it tallies with each other and there is no
    dissimilarities of any nature in the disputed and admitted
    signature of the accused.

    27. PW.1 in his evidence has stated that the shara in
    the Ex.P13 is in the handwriting of his brother and that
    the said shara was written in the Ex.P13 as per the
    dictation given by the husband of accused. According to
    the PW.1, at the time of execution of Ex.P13, the brother
    of the complainant and brother in law of the accused were
    present but they are not the signatories to the Ex.P13.

    28. The Learned counsel for accused has
    vehemently submitted that when shara in the Ex.P13 is in
    the handwriting of the brother of complainant, the
    complainant ought to have examined his brother as
    witness and that Ex.P13 was executed behind the back of
    accused without bringing to her knowledge. But there is
    no reason to accept the said version of the accused for the
    SCCH-24 17 C.C.12617/2024

    reason that as observed supra, this court has come to the
    conclusion by comparing the signature in the Ex.P13 with
    the signature of accused in the admitted document that
    Ex.P13 bears the signature of the accused. Accused is
    B Tech graduate. Hence, it can be said that accused is
    well qualified lady. Further accused had executed many
    number of Sale Deeds in favour of several persons of
    which Ex.P14 is the one. It means, accused has business
    knowledge Ex.P12 and Ex.P13 are not the only documents
    executed by the accused. She has executed several
    documents in favour several persons in respect of the
    property owned by her. Hence, the court can very well rely
    upon the Ex.P13. If Ex.P13 is perused, in the Ex.P13
    there is reference about the Sale Agreement dated 15-04-
    2023 (Ex.P12) and also about sum of Rs.10,00,000/-
    received by the accused as part consideration amount.
    There is further recitals in the Ex.P13 about the balance
    amount of Rs.35,00,000/- received by the accused from
    time to time for repayment of loan borrowed by her and
    her husband. In the Ex.P13 there is mention about the
    disputed cheque with cheque numbers, date and the
    cheque amount. The complainant has categorically
    contended that on the date of execution of Ex.P13, the
    accused by agreeing to repay sum of Rs.50,00,000/-
    towards non performance of her part of contract has
    SCCH-24 18 C.C.12617/2024

    issued disputed cheques for Rs.25,00,000/- each dated
    15-01-2024. Hence, it can be said that by agreeing to
    refund the consideration amount of Rs.45,00,000/- and
    Rs.5,00,000/- towards non fulfillment of contract, the
    accused has issued the disputed cheques on 17-11-2023
    dated 15-01-2024.

    29. If the cross examination of PW.1 is perused, the
    accused has tried to prove before the court that the
    disputed cheque belongs to her was issued by her
    husband as security for the money transaction which he
    had with the complainant. During the cross examination
    of PW.1, suggestion was posed that the accused had not
    agreed to sell the schedule property for a consideration of
    Rs.45,00,000/- and that accused had not issued disputed
    cheque and that it is the husband of the accused who has
    sold the schedule property in favour of the complainant
    and since some dispute was arisen between the
    complainant and the husband of accused on money
    transaction, by taking advantage of the same, the
    complainant has misused the cheques of the accused
    which was given by her husband as security. The PW.1
    has denied the said suggestion. It is relevant to state here
    that the accused at one breath has admitted the Sale
    Agreement as per Ex.P12 executed by her and at another
    SCCH-24 19 C.C.12617/2024

    breath states that her husband has sold the property in
    favour of the complainant. Hence, the accused is not
    definate about her own case. If the evidence of the
    accused and the line of cross examination done to the
    PW.1 is read in whole, the accused has tried to prove that
    her husband has misused her cheques which was in his
    possession and given the said cheques to the complainant
    as security without bringing to the knowledge of the
    accused. If that being the case, on dishonour of the
    cheques the accused could have taken legal action against
    her husband. But till this date she has not taken any legal
    action against her husband by lodging the complaint. It is
    nowhere the case of the accused that her relationship with
    her husband is strained. Till this date they are residing
    together under common roof. If really her cheque was
    misused by her husband, she would not have keep quite
    for all these years.

    30. So for as the complaint lodged by the accused
    against the complainant as per Ex.D2 and Ex.D3 is
    concerned, they are dated 27-08-2024 ie., much
    subsequent to the present complaint filed by the
    complainant. If really, her cheque was misused by her
    husband and it was in turn misused by the complainant
    and if really the accused has not executed Ex.P13 she
    SCCH-24 20 C.C.12617/2024

    could have stated the said fact in the complaint lodged by
    her under Ex.D2 and Ex.D3. But there is no whisper in
    the Ex.D2 and Ex.D3 regarding the same. In the said
    complaint the accused has stated about the financial
    transaction which her husband had with the complainant
    and stated that on the issue of transaction, the
    complainant and his henchman came to her house and
    created nuisance.

    31. So far as the bank statement as per Ex.D4 to
    Ex.D6 produced by the accused is concerned, Ex.D4 is
    relating to the account of her husband. Ex.D5 is relating
    to the accused of A K Venkatesh the brother in law of the
    accused (brother of A K Raghu) and Ex.D6 is relating to
    the account of A K Raghu. It is not made known by the
    accused as to how the Ex.D4 to Ex.D6 helps her to prove
    defence and how the said documents relate to the
    disputed transaction held between her and the
    complainant. If Ex.D4 and Ex.D6 are perused, we can
    gather the money transaction held between the
    complainant and A K Raghu as some amount was
    transferred from time to time from the account of
    complainant to the account of A K Raghu and some
    amount was transferred from the account of A K Raghu to
    the account of complainant. But the transaction between
    SCCH-24 21 C.C.12617/2024

    the complainant and A K Raghu has nothing to do with
    the sale transaction with the accused.

    32. The Learned counsel for accused has much
    argued by relying upon the evidence of PW.1 that when
    PW.1 has no direct acquaintance with the accused how
    could he give sum of Rs.45,00,000/- to the accused by
    way of consideration.

    33. It is true that PW.1 in his evidence has stated
    that he had no direct acquittance with the accused but
    her husband was known to the accused. Even the
    accused in her evidence has stated that she came to know
    of the complainant for the first time when Sale Agreement
    as per Ex.P12 was entered into. From the evidence of
    PW.1 and DW.1 it can be gathered that the complainant
    and the husband of accused are known to each other
    since several years. It appears that through A K Raghu
    (husband of accused) the complainant came to know of
    the accused for the first time while execution of Sale
    Agreement as per Ex.P12. When it is the line of evidence
    of accused that she was introduced to the complainant by
    her husband while execution of Sale Agreement, the very
    evidence given by the PW.1 that he has no direct
    SCCH-24 22 C.C.12617/2024

    acquaintance with the accused does not effect the case of
    the complainant.

    34. When Ex.P12 is admitted by the accused and
    when complainant has proved the Ex.P13 and when
    accused nowhere has disputed her signature in the
    cheques, under such circumstances the complainant is
    entitled for benefit of presumption u/Sec. 118 and 139 of
    NI Act regarding issuance of cheque towards the discharge
    of legally enforceable debt. Hence, burden is upon the
    accused to rebut the presumption with cogent evidence
    with preponderance of probabilities. But the accused has
    failed to probablize the defence and thereby failed to rebut
    the presumption.

    35. In the light of the discussion made herein
    above, this court is of the considered opinion that
    complainant has proved that accused has committed the
    offence punishable under Section 138 of Negotiable
    Instruments Act. Accordingly, I answered Point No.1 in
    the Affirmative.

    36. POINT No.2 :- The Negotiable Instruments Act
    is a Special Enactment, and the provisions of the Act
    prevail over the general provisions contained in the Code
    SCCH-24 23 C.C.12617/2024

    of Criminal Procedure. Therefore, keeping the relevant
    provisions of the Act in mind the sentence is to be
    passed. In the light of the reasons on the Point No.1,
    I proceed to pass the following;

    
    
                                ORDER
               Acting under Sec. 278(2) of BNSS the
          accused       is   found    guilty   of    the   offence
    

    punishable under section 138 read with
    section 142 of NI Act.

    Consequently, accused is sentenced to pay
    fine of Rs.55,00,000/- (Rupees Fifty Five
    Lakhs Only), out of which Rs.50,00,000/-

    shall be paid as compensation to the
    complainant under Sec.396 of BNSS and
    Rs.5,000/- shall be payable to the State.

    In the event of default in payment within a
    period of two months, the accused shall be
    convicted to simple imprisonment for a period
    of 6 months.

    It is made clear that in view of Sec.430 of
    BNSS, even if the accused under goes the
    SCCH-24 24 C.C.12617/2024

    default sentence imposed above, he is not
    absolved of liability to pay the fine amount.

    The bail bond of accused and that of surety
    stands canceled.

    Office to furnish the copy of this judgment
    free of cost to the accused.

    (Dictated to the stenographer directly on computer, corrected and
    then pronounced by me in open court, on this the 17th day of April
    2026.)

    (ROOPASHRI)
    XXII Addl.SCJ & ACJM
    Bengaluru.

    :ANNEXTURE:

    LIST OF WITNESSES EXAMINED ON BEHALF THE COMPLAINANT
    P.W.1 : N Somashekar

    LIST OF DOCUMENTS MARKED ON BEHALF COMPLAINANT:

    Ex.P.1 & 2           :   Original Cheques
    Ex.P.1(a) & 2(a)     :   Signatures of the accused.
    Ex.P.3 to 6          :   Endorsements.
    Ex.P.7               :   Copy of legal notice.
    Ex.P.8 & 9           :   Two Postal Receipts
    Ex.P.10              :   Unserved Postal Cover
    Ex.P.11              :   Notice inside the postal cover
    Ex.P.12              :   Sale agreement dt 15-04-2024
     SCCH-24                   25            C.C.12617/2024
    
    
    Ex.P13           : Contract Agreement dated 17-11-2023
    Ex.P14           : Absolute sale deed
    
    

    LIST OF WITNESSES EXAMINED BY THE ACCUSED
    DW.1 : Sujitha Patapathi

    LIST OF DOCUMENTS MARKED ON BEHALF OF ACCUSED:

    Ex.D1       : - Acknowledgment
    Ex.D2 & 3   : - Complaints
    Ex.D4       : - Bank     Statement     pertaining  to
                    account         No.920010060783330
                    pertaining to the account of the
                    husband of accused
    Ex.D5       : - Online copy of the Canara Bank
                    statement for the period from 01-04-
                    2020 to 31-03-2023
    Ex.D6       : - Online copy of the State Bank of
                    India for the period from 02-08-2022
                    to 31-03-2024
    Ex.D7       : - Certificate u/Sec. 65 B of Evidence
                    Act.
    
    
    
                                   XXII Addl. SCJ & ACJM
                                        Bengaluru.
    
    
                                                  Digitally
                                                  signed by
                                                  ROOPASHRI
                                        ROOPASHRI Date:
                                                  2026.04.17
                                                  15:44:51
                                                  +0530
     



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