M S Nandha Products Prooters Pvt Ltd vs Bank Of India on 6 May, 2026

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    Bangalore District Court

    M S Nandha Products Prooters Pvt Ltd vs Bank Of India on 6 May, 2026

                                    1           Crl.Appeal.No.1358/2015
    
    
    KABC010256182015
    
    
    
    
                IN THE COURT OF THE LXII ADDL.CITY CIVIL &
               SESSIONS JUDGE (CCH-63), BENGALURU.
    
                  DATED: THIS THE 06TH DAY OF MAY, 2026.
    
                                P R E S E N T:-
             Sri. Raghavendra S. Channabasappa, B.A., LL.B (Spl).,
                   LXII Additional City Civil & Sessions Judge,
                                 Bengaluru City.
    
                       CRIMINAL APPEAL No.1358/2015
    
    APPELLANT/         1)   M/s. Nandh Products
    ACCUSED:                Prooters Pvt. Ltd.,
                            Represented by its Director.
                            O/at. 299/5, 10th Main, 6th Cross,
                            I Block, Jayanagara,
                            Bengaluru - 560 011.
    
                       2)   Sri. K.N.Panduranga Setty,
                            S/o. Late. Narayana Setty,
                            Aged about 80 years,
                            R/at. 299/5, 10th Main, 6th Cross,
                            I Block, Jayanagara,
                            Bengaluru - 560 011.
    
                       3)   Sri. K.P.Srikanth,
                            S/o. K.N.Panduranga Setty,
                            Aged about 44 years,
                            R/at. 299/5, 10th Main, 6th Cross,
                            I Block, Jayanagara,
                            Bengaluru - 560 011.
    
                            (By Sri. R.Srinivas, Advocate)
                                                  2            Crl.Appeal.No.1358/2015
    
    
                                   -V/.s-
    RESPONDENT/                    Bank of India,
    COMPLAINANT                    Hanumanthanagara Branch,
                                   4th Cross, Hanumanthanagara,
                                   Bengaluru - 560 019.
    
                                   (By Sri. V.S.S.S, Advocate)
    
                                        *****
    
                                     JUDGMENT
    

    1. The appellants challenged the judgment and sentence passed

    by the learned Magistrate dated 08-10-2015 in

    SPONSORED

    C.C.No.3782/2003. Wherein the said learned Magistrate has

    convicted the appellants-accused no.2 and 3 for the offence

    punishable under Section 138 of N.I Act and sentenced them

    directing to pay fine of Rs.40,00,000/- and in default to pay the

    fine amount, they shall undergo simple imprisonment for 6

    months. Out of total fine amount a sum of Rs.38,00,000/-

    ordered to be paid to the complainant by way of

    compensation.

    2. For the sake of convenience, the parties are referred to as per

    their litigative status before the learned trial Court. The

    appellants are the accused no.1 to 3 and the respondent is
    3 Crl.Appeal.No.1358/2015

    the complainant as per their original ranks before the learned

    trial Court.

    3. The respondent-complainant filed the complaint against the

    appellants-accused no.1 to 3 before the learned trial Court for

    the offence punishable under Section 138 of N.I Act. Based

    on the said complaint, cognizance was taken, sworn

    statement of the complainant was recorded and the case was

    registered against the accused in C.C.No.3782/2003 for the

    offence punishable under Section 138 of N.I Act. Upon

    service of summons, the accused appeared through their

    counsel and plea of the accused was recorded and the

    accused pleaded not guilty.

    4. During the course of trial in order to prove the case of the

    complainant, the complainant has examined its authorized

    signatory as P.W-1 and got marked documents as per Ex.P-1

    to 20. Accused when examined under Section 313 of Cr.P.C

    denied all incriminating circumstances appearing in evidence

    against them. On the other hand, accused no.2 himself

    examined as D.W-1 and one more witness by name Sri.
    4 Crl.Appeal.No.1358/2015

    K.N.Jayaprakash has examined himself as D.W-2 and on their

    behalf no documents were got marked.

    5. After hearing both the parties, the Court below convicted the

    accused no.2 and 3 for the offence punishable under Section

    138 of N.I Act and sentenced them as aforesaid. Being

    aggrieved by the said conviction and sentence of the learned

    trial Court, the appellants-accused have filed this criminal

    appeal by challenging the Judgment on the following:-

    GROUNDS

    (1) On technical ground the Bank has not been represented
    by appropriate person and regarding the P.W-1
    appearing on behalf of the Bank, no board resolution
    has been passed. On the basis of the recent decisions
    of the Hon’ble High Court and Hon’ble Supreme Court, it
    can be clearly seen that, P.W-1 did not had appropriate
    authority to represent the Bank before the learned trial
    Court.

    (2) The learned Magistrate has not followed the recent
    position of law, which clearly establishes that the
    signatory to the cheque has to be prosecuted and no
    other directors should be prosecuted. On the perusal of
    Ex.P.1 to 5-cheques it can be clearly seen that the
    5 Crl.Appeal.No.1358/2015

    signature found on those cheques are pertaining to the
    appellant no.2-accused no.2. Thus the learned trial
    Court has wrongly convicted the accused no.3-appellant
    no.3 in the aforesaid case.

    (3) On the perusal of the Ex.P.1 to 5-cheques, which can
    be clearly seen that, the cheques were in fact issued in
    favour of the accused no.1 and later the name of the
    complainant Bank has been inserted. This material
    alteration has not been considered by the learned trial
    Court.

    (4) The learned trial Court had not considered the
    admission made by P.W-1 that Ex.P.1 to 5-cheques
    were not given by the accused to discharge the liability.

    When P.W-1 has categorically admitted that the
    cheques were not issued to discharge the liability, this
    admission clearly corroborates the defence of the
    accused.

    (5) The learned trial Court has also failed to see that there
    was admission by P.W-1 that the accused no.2 had
    given the said cheques to accused no.1’s internal
    financial administration.

    (6) The learned trial Court has not appreciated the evidence
    of defence, for the reason that in order to attract Section
    138
    of N.I Act, it has to be made out by the complainant
    6 Crl.Appeal.No.1358/2015

    that the cheques should have been issued to discharge
    the liability. On the perusal of the cross-examination of
    P.W-1, it has been clearly established in the learned trial
    court that the cheques were not issued to discharge the
    liability.

    (7) The learned Magistrate has not followed the position of
    law laid down in cheque bounce cases as per the ruling
    of Hon’ble Supreme Court in Rangappa’s case. Hence,
    accused have not committed any offence under Section
    138
    of the N.I Act, 1881. Wherefore, the impugned
    Judgment passed by the learned trial Court, is liable to
    be set aside.

    6. After admitting of this criminal appeal, the notice was issued to

    the respondent. The respondent has appeared through its

    counsel. The learned trial Court records secured.

    7. Heard arguments from Amicus curiae. I have carefully

    perused the entire trial Court records pertaining to this case

    and the impugned Judgment.

    7 Crl.Appeal.No.1358/2015

    8. The following points arise for the consideration of the Court:

    1. Whether the appellants made-out grounds to allow the
    appeal and set-aside the order passed by the learned
    XVIII A.C.J.M and XX A.S.C.J, Bengaluru, in
    C.C.No.3782/2003 dated 08-10-2015?

    2. What order?

    9. The findings of the Court on the aforesaid points are as under:-

    Point No.1 : In the Negative,

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

    REASONS

    10. POINT NO.1:- The case of the complainant is that, the

    accused no.2 to 6 are the Directors of accused no.1-Company

    and carrying on business of Bullion trading. The accused

    no.2 to 6 have opened Current account bearing no: C.D.305

    in the name of accused no.1-Company with the complainant

    Bank during first week of March, 2000. At the request of

    accused no.1-Company through its Directors, the accused

    no.2 to 6 herein, the complainant Bank was purchasing

    cheques by allowing temporary overdraft in the said current

    account. Accused no.2 to 6 being Directors have executed
    8 Crl.Appeal.No.1358/2015

    necessary documents on 19-04-2001 to secure the repayment

    of over drawings in the said C.D account and they have

    personally guaranteed for the repayment of over drawings in

    the said current account of first accused company in addition

    to creation of equitable mortgage on the immovable properties

    owner by some of the Directors. The total dues of

    Rs.2,80,84,061/- as on 31-12-2002 plus uncharged interest

    from 21-12-2001, the accused no.2 has issued five cheque

    bearing no.037566, 037567, 037568, 037569 and 037570

    dated 31-12-2002 for Rs.5,00,000/- each drawn in the name

    of the accused no.1-Company in favour of Sree Charan Co-

    operative Bank Ltd., complainant Bank has partial payment of

    dues in the said current account on account of T.O.D allowed

    owing to purchase of cheques by complainant. On

    presentation of the cheque on 05-01-2003, it was returned by

    the Bankers of the accused with an endorsement “Exceeds

    Arrangements” vide return memo dated 06-01-2003. The

    legal notice was issued on 16-01-2003 and demanded

    payment of the cheques amount from the accused through

    R.P.A.D and U.C.P. The legal notice was issued within 30
    9 Crl.Appeal.No.1358/2015

    days from the date of intimation of dishonour of cheque.

    Inspite of service of notice the accused neither paid the

    amount covered under the cheques nor any reply. Therefore,

    accused committed the offence under Section 138 of the N.I

    Act. Hence, this complaint.

    11. The learned counsel for the respondent has argued that, the

    Judgment passed by the learned trial Court in

    C.C.No.3782/2003, dated 08-10-2015 is hold and good and

    not committed any error, after perused the Ex.P-1 to 20 i.e., 5

    cheques, 5 endorsements of the Bank, copy of the legal

    notice, 4 postal acknowledgments, U.C.P, account extract of

    accused, reply to notice from accused no.1, letter from

    accused no.6 and complaint and also observed all the

    evidence of the respondent-complainant and passed the

    Judgment against the appellants-accused and therefore, the

    appeal filed by the appellants, is devoid on merits and liable to

    be dismissed.

    12. Learned counsel for the appellants, has argued that, the

    learned trial Court arrived at the wrong conclusion in respect
    10 Crl.Appeal.No.1358/2015

    of the transaction between the complainant and accused.

    There are contradictions in the evidence of P.W-1. Further

    contended that, the learned Magistrate has completely

    ignored the principles of criminal jurisprudence. That the

    burden of proof lies on the respondent and the benefit lies in

    favour of the appellant. Further argued that, the learned trial

    Court failed to consider the evidence given by the P.W-1

    during the course of cross-examination and fail to note Ex.P-1

    to 5 were not given by the accused to discharge the liability.

    Hence, the appreciation made by the learned Magistrate, is

    needs interference.

    13. Perused entire order sheets, complaint filed under Section

    200 of Cr.P.C, for the offence punishable under Section 138 of

    N.I Act, examination-in-chief affidavit of the complainant, plea

    of accusation, contents of exhibited documents as per Ex.P-1

    to 20. There is no procedural defect of any nature while

    conducting trial relating to private complaint registered for the

    offence punishable under Section 138 of N.I Act.
    11 Crl.Appeal.No.1358/2015

    14. So far as appreciation of evidence is concerned, complainant

    has examined its authorized signatory as P.W-1. P.W-1 has

    been subsequently cross-examined by the counsel of

    accused. P.W-1 has reiterated averments of complaint in his

    examination-in-chief. Ex.P-1 to 5 are the cheques bearing

    no.037566, 037567, 037568, 037569 and 037570 dated 31-

    12-2002 for Rs.5,00,000/- each, Ex.P-1(a) to 5(a) are the

    signature of the accused no.2 on Ex.P-1 to 5 respectively,

    Ex.P-6 to 10 are the 5 endorsements of the Bank, Ex.P-11 is

    the office copy of the legal notice dated 16-01-2003, Ex.P-12

    to 15 are the 4 postal acknowledgments, Ex.P-16 is the U.C.P,

    Ex.P-17 is the account extract of accused, Ex.P-18 is the

    reply to notice from accused no.1, Ex.P-19 is the letter from

    accused no.6 dated 27-01-2003 and Ex.P-20 is the main

    complaint (P.C.R No.3339/2003). The appellants have

    deposed that, Ex.P.1 to 5-cheques were not given by the

    accused to discharge the liability. They further deposed that,

    they have repaid entire loan amount and does not owe any

    outstanding loan amount to the complainant. But, no

    evidence to show that the accused paid entire amount to the
    12 Crl.Appeal.No.1358/2015

    complainant. Hence, the contention of the accused does not

    reliable.

    15. The accused no.2 to 6 are the Directors of accused no.1-

    Company and carrying on business of Bullion trading. The

    accused no.2 to 6 have opened Current account bearing no:

    C.D.305 in the name of accused no.1-Company with the

    complainant Bank during first week of March, 2000. At the

    request of accused no.1-Company through its Directors, the

    accused no.2 to 6 herein, the complainant Bank was

    purchasing cheques by allowing temporary overdraft in the

    said current account. Accused no.2 to 6 being Directors have

    executed necessary documents on 19-04-2001 to secure the

    repayment of over drawings in the said C.D account and they

    have personally guaranteed for the repayment of over

    drawings in the said current account of first accused company

    in addition to creation of equitable mortgage on the

    immovable properties owner by some of the Directors. The

    total dues of Rs.2,80,84,061/- as on 31-12-2002 plus

    uncharged interest from 21-12-2001, the accused no.2 has
    13 Crl.Appeal.No.1358/2015

    issued five cheque bearing no.037566, 037567, 037568,

    037569 and 037570 dated 31-12-2002 for Rs.5,00,000/- each

    drawn in the name of the accused no.1-Company in favour of

    Sree Charan Co-operative Bank Ltd., complainant Bank has

    partial payment of dues in the said current account on account

    of T.O.D allowed owing to purchase of cheques by

    complainant. On presentation of the cheque on 05-01-2003, it

    was returned by the Bankers of the accused with an

    endorsement “Exceeds Arrangements” vide return memo

    dated 06-01-2003. The legal notice was issued on 16-01-

    2003 and demanded payment of the cheques amount from

    the accused through R.P.A.D and U.C.P. The legal notice was

    issued within 30 days from the date of intimation of dishonour

    of cheque. For which the complainant got issued legal notice

    calling upon payment.

    16. Despite notice, the accused did not make payment of

    cheques’ amount and thereby, committed an offence

    punishable under Section 138 of N.I Act. However, the

    accused have not repaid the cheques’ amount. Accordingly,
    14 Crl.Appeal.No.1358/2015

    the accused have committed an offence punishable under

    Section 138 of N.I Act. Thereafter, burden shifts on the

    accused as per presumptions under Section 118 & 139 of N.I

    Act in the form of reverse onus on the accused to rebut

    presumptions.

    17. To rebut the statutory presumption which could be drawn in

    favour of the complainant and also to prove the probable

    defense to the touch stone of preponderance of probabilities,

    the accused no.2 entered into the witness box and adduced

    his evidence as D.W-1 and one more witness by name

    Sri. K.N.Jayaprakash has examined himself as D.W-2, but, on

    their behalf no documents were got marked. The learned

    prosecuting counsel has cross-examined D.W-1 and 2 at

    length and has not established entire repayment of borrowed

    amount to the complainant.

    18. I relied placed below mentioned Authority and it is settled

    principle of law as held by House of Lords in Vickers Sons

    and Maxim Ltd., Vs. Evans (1910) AC 444 as quoted with

    approval by the Hon’ble Apex Court in Jamma Masjid,
    15 Crl.Appeal.No.1358/2015

    Mercara Vs Kodimaniandra Deviah and Others AIR 1962 SC

    847 and reiterated in Shiv Shakti Co-operative Housing

    Society vs Swaraj Developers, AIR 2003 SC 2434 and in

    catena of decisions that the court cannot read anything into a

    statutory provision which is plain and unambiguous.

    19. On bare perusal of the object of the N.I. Act, it shows that the

    main object of the Chapter introducing dishonour of cheque

    on account of insufficiency of funds as penal offence in the

    Act is to enhance the acceptability of cheque. In order to

    attract the ingredients of Section 138 of N.I Act, the

    complainant needs to prove that the cheque drawn by a

    drawer of the cheque on an account maintained by him issued

    to the payee in discharge of any debt or other liability, cheque

    is presented to Bank within three months of the date of

    cheque and returned by the drawer bank as unpaid,

    complainant has made a demand for the payment of the said

    amount of money by giving a notice in writing within 30 days

    of receipt of information of dishonour by the Bank, and the

    drawer of such cheque has not made the payment of the said
    16 Crl.Appeal.No.1358/2015

    amount of money to the payee within fifteen days of the

    receipt of the said notice, then such person shall be deemed

    to have committed an offence and shall, without prejudice to

    any other provisions of the Act, be punished with

    imprisonment for a term which may be extended to two years,

    or with fine which may extend to twice the amount of the

    cheque, or with both.

    20. It is well settled principle of criminal jurisprudence that, a

    criminal trial proceeds on the presumption of innocence of the

    accused. An accused is presumed to be innocent unless

    proved guilty. It is the complainant to prove the guilt of the

    accused beyond reasonable doubt. However, in respect of

    offence under Section 138 of the Act, although there is a

    reverse onus clause contained in Sections 118 and 139 of the

    Act, the initial burden is on the complainant.

    21. It is also a settled proposition of law that the standard of proof

    which is required from the accused to rebut the statutory

    presumption under Section 118 read with Section 139 of the

    Act, is preponderance of probabilities. The accused are not
    17 Crl.Appeal.No.1358/2015

    required to prove their case beyond reasonable doubt. This

    onus on the accused can be discharged from the materials

    available on record and from the circumstantial evidences or

    even by admissions in the cross-examination of complainant

    and his witnesses.

    22. I relied view expressed by the Apex Court in K. Bhaskaran Vs.

    Sankaran Vaidhyan Balan reported in AIR 1999 SC 3762, the

    Apex Court held that once the signature in the cheque is

    admitted to be that of the accused, the presumption

    envisaged in Section 118 of the N.I Act can legally be drawn

    to infer that the cheque was made or drawn for consideration

    on the date which the cheque bears.

    23. I relied view expressed by the Apex Court in Rangappa Vs. Sri

    Mohan reported in AIR 2010 SC 1898, a three Judges’ bench

    of the Supreme Court held that that once issuance of a

    cheque and signature thereon are admitted, presumption of a

    legally enforceable debt in favour of the holder of the cheque

    arises. It is for the accused to rebut the said presumption,

    though accused need not adduce his own evidence and can
    18 Crl.Appeal.No.1358/2015

    rely upon the material submitted by the complainant.

    However, mere statement of the accused may not be

    sufficient to rebut the said presumption. A post-dated cheque

    is a well recognized mode of payment.

    24. I relied view expressed by the Apex Court in K.S. Ranganatha

    Vs. Vittal Shetty reported in 2021 SCC OnLine SC 1191, a

    three judges’ bench of the Supreme Court held that once the

    cheque is admitted to be that of the accused, the presumption

    envisaged in Section 118 of the Act can legally be inferred

    that the cheque was made or drawn for consideration on the

    date which the cheque bears. Section 139 of the Act enjoins

    on the Court to presume that the holder of the cheque

    received it for the discharge of any debt or liability. It is further

    held that the position of law makes it crystal clear that when a

    cheque is drawn out and is relied upon by the drawee, it will

    raise a presumption that it is drawn towards a consideration

    which is a legally recoverable amount; such presumption of

    course, is rebuttable by proving to the contrary. The onus is

    on the accused to raise a probable defence and the standard
    19 Crl.Appeal.No.1358/2015

    of proof for rebutting the presumption is on preponderance of

    probabilities.

    25. I relied view expressed by the Apex Court in M/s. Kalemani

    Tax Vs. Balan (Crl.A.No.123/2021) (LL 2021 P.75) decided on

    10.02.2021, a three judges’ bench of the Supreme Court of

    India has observed that, even a blank cheque leaf, voluntarily

    signed and handed over by the accused, which is towards

    some payment, would attract presumption under Section 139

    of the Negotiable Instruments Act, in the absence of any

    cogent evidence to show that the cheque was not issued in

    discharge of a debt.

    26. I relied view expressed by the Apex Court in M/s. Ashok

    Transport Agency V/s. Awadhesh Kumar and Another,

    reported in 1998(5) Sec.567, Court has observed as under;

    “A partnership firm differs from a proprietary concern
    owned by an individual. A partnership is governed by
    the provisions of the Indian Partnership Act, 1932.
    Though a partnership is not a juristic person but Order
    XXX Rule 1 CPC
    enables the partners of a
    partnership firm to sue or to be sued in the name of
    the firm. A proprietary concern is only the business
    20 Crl.Appeal.No.1358/2015

    name in which the proprietor of the business carries
    on the business. A suit by or against a proprietary
    concern is by or against the proprietor of the business.
    In the event of the death of the proprietor of a
    proprietary concern, it is the legal representatives of
    the proprietor who alone can sue or be sued in
    respect of the dealings of the proprietary business.
    The provisions of Rule 10 of Order XXX which make
    applicable the provisions of Order XXX to a
    proprietary concern, enable the proprietor of a
    proprietary business to be sued in the business
    names of his proprietary concern. The real party who
    is being sued is the proprietor of the said business.
    The said provision does not have the effect of
    converting the proprietary business into a partnership
    firm. The provisions of Rule 4 of Order XXX have no
    application to such suit as by virtue of Order XXX Rule
    10 the other provisions of Order XXX are applicable to
    a suit against the proprietor of proprietary business
    “insofar as the nature of such case permits”. This
    means that only those provisions of Order XXX can be
    made applicable to proprietary concern which can be
    so made applicable keeping in view the nature of the
    case”

    In view of the nature of the case, the same has been

    reiterated in Raghu Lakshminarayanan V/s. Fine Tubes, 2007

    (5) SCC 103.

    27. Further, Hon’ble High Court of Karnataka in H.N.Nagaraj Vs.

    Suresh Lal Hiral Lal, reported in 2022 LIVELAW (Karnataka)
    21 Crl.Appeal.No.1358/2015

    400, it is observed that in a proceeding under Sec.138 of N.I.

    Act, the arraying of a proprietor as an accused or a proprietary

    concern represented by the proprietor would be sufficient for

    compliance u/Sec.138 of N.I. Act. The proprietor and the

    proprietary concern are not required to be separately arrayed

    as party accused.

    28. Applying the above said principles to the present case and

    before considering the point whether accused succeeded to

    rebut presumptions and to establish their defence to the

    extent of probabilities, it is just and necessary to accumulate

    undisputed facts in this case.

    29. It is not in dispute that bounced cheques belongs to the Bank

    account of the accused. It is also not in dispute that,

    signatures appearing on the bounced cheques, are the

    signature of the accused is differ. It is also not in dispute that,

    the cheques presented by the complainant came to be

    dishonoured by the banker of the accused for the reason

    stated in the dishonour memo.

    22 Crl.Appeal.No.1358/2015

    30. To consider whether accused succeeded to rebut the

    presumption and established defence to the extent of

    probabilities, the accused no.2 has adduced evidence and

    marked one document as Ex.D-1 i.e., Bank statement of

    accused, on his behalf and has failed to establish his defence

    that he repaid entire borrowed amount. It is evident from the

    decision of Hon’ble Supreme Court in Ashok Transport

    Agency and Hon’ble High Court in H.N.Nagaraj case, as

    discussed supra, proprietorship is not a separate legal entity

    like a Company, Partnership Firm or Association. Proprietary

    business name need not be arrayed as party. Therefore, the

    learned trial Court has rightly held that the accused have not

    rebutted the presumption arising U/Sec.139 of N.I Act.

    31. In addition to that accused have not produced documents to

    show that, accused filed complaint before jurisdictional Police

    against complainant for misuse of their cheques. Appellants-

    accused did not produce any documents to establish the fact

    that they have repaid the cheques’ amount to the

    complainant. Evidence of D.W-1 and D.W-2 are oral
    23 Crl.Appeal.No.1358/2015

    evidence, which did not rebut the documentary evidence and

    documentary evidence is prevail. On the other hand, the oral

    and documentary evidence adduced by the complainant, it is

    proved that the accused issued the cheques for legally

    recoverable debt.

    32. This Court has compared reasons assigned by the learned

    trial Court in the impugned judgment of conviction as

    discussed above with the allegations made in the

    memorandum of appeal. No grounds are made out in the

    memorandum of appeal to interfere with the Impugned

    judgment of conviction. The learned trial Court has rightly

    passed the judgment and order of conviction.

    33. So far as quantum of punishment is concerned, sentenced

    accused no.2 and 3 to pay fine of Rs.40,00,000/- and in

    default to pay the fine amount, he shall undergo simple

    imprisonment for 6 months. Out of total fine amount a sum of

    Rs.38,00,000/- ordered to be paid to the complainant by way

    of compensation. But, no order in respect of remaining

    amount of Rs.2,00,000/-. Therefore, for the proper
    24 Crl.Appeal.No.1358/2015

    adjudication of the appeal, the Appellate Court liable to modify

    by directing the accused no.2 and 3 shall pay Rs.1,90,000/-

    along with Rs.38,00,000/- to the complainant as a

    compensation and remaining amount of Rs.10,000/- has to be

    defrayed to the state for expenses incurred in the prosecution.

    Fine amount imposed is within the purview of Section 138 of

    N.I Act. Appellants failed to show that sentence imposed is

    exorbitant. Accused-appellants failed to show that quantum of

    fine imposed is excessive. There is no merit in the appeal.

    Order under appeal is sustainable in law. Hence, interference

    of this Court is not necessary. Accordingly, Point No.1 is

    answered in the ‘Negative’.

    34. POINT NO.2:- For the foregoing the reason I proceed to pass

    the following:-

    ORDER

    This Criminal Appeal filed by the appellants-
    accused under Section 374(3)(a) of Cr.P.C, is hereby
    dismissed.

    Consequently, the Order passed by the XVIII
    A.C.J.M and XX A.S.C.J, Bengaluru, in
    C.C.No.3782/2003, dated: 08-10-2015, is hereby
    25 Crl.Appeal.No.1358/2015

    confirmed by way of small modification regarding to the
    compensation amount.

    Accused no.2 and 3 shall pay Rs.1,90,000/-
    along with Rs.38,00,000/- to the complainant as a
    compensation out of total fine amount of
    Rs.40,00,000/- and remaining amount of Rs.10,000/-
    has to be defrayed to the state for expenses incurred in
    the prosecution.

    Office is hereby directed to send the certified
    copy of this Judgment to the learned trial Court along
    with T.C.R.

    No order as to cost.

    (Dictated to the Steno Gr-III directly on computer, typed by him and corrected,
    signed and then pronounced by me in the open court on this the 06 th day of May, 2026.)

    (Raghavendra S. Channabasappa)
    LXII Addl. City Civil & Sessions Judge,
    (CCH-63), Bengaluru.



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