Manjunath B L vs Srikanth on 19 May, 2026

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    Bangalore District Court

    Manjunath B L vs Srikanth on 19 May, 2026

    KABC030432082023
    
    
    
    
        IN THE COURT OF THE XIII ADDITIONAL CHIEF
          JUDICIAL MAGISTRATE, BENGALURU CITY
                         :: PRESENT ::
    
                SMT. PAVITHRA. R, B.A.L, L.L.B.,
                  XIII ACJM, Bengaluru City.
    
                       C.C.NO. 24412/2023
    
              Dated this the 19th day of May, 2026
    
    COMPLAINANT:        Sri. Manjunth. B.L,
                        S/o Sri. Lakshmanappa,
                        Aged about 38 years,
                        R/a. No.104, 7th Cross Road,
                        JKW Layout, Laggere,
                        Bengaluru - 560 058.
    
                        [By Mathru Law Firm, Advocates]
    
                          V/S
    ACCUSED:            Sri. Srikanth,
                        S/o P. Sudhakar,
                        Aged about 40 years,
                        R/a. No.42/20, 1st Main,
                        2nd Cross, Near Shettar Shop,
                        Muneshwaranagar,
                        Padmanabha Nagar,
                        Bengaluru - 560 070.
    
                        [By Sri. Anil M. Rathod, Advocate]
                              -2-            C.C.No. 24412/2023
    
    
    Offence complained of      :    U/s. 138 of N.I. Act.,
    
    Plea of accused            :    Pleaded not guilty
    
    Final order                :    Accused is convicted
    
    Date of order              :    19.05.2026
    
                             JUDGMENT
    

    This is a private complaint filed by the complainant

    under Sec.200 of Cr.P.C, r/w Sec.138 of Negotiable

    SPONSORED

    Instrument Act, 1881 (in short referred to as N.I. Act).

    The brief facts of the case are as under :

    2. It is the case of the complainant that, in the

    month of December 2018 the accused was in dire need of

    financial assistance of Rs.3,00,000/- for his business and

    he approached the complainant. The complainant with

    hardship arranged the said money and paid to the accused

    on 24.12.2018 by entering into a loan agreement in

    presence of the witnesses. The accused agreed to repay the

    said amount within four years from the receipt of payment

    and agreed to pay nominal interest of Rs.50,000/- every

    -3- C.C.No. 24412/2023

    year. After the expiry of four years, the accused neither

    paid the principal amount nor Rs.50,000/- interest and not

    attended the call of the complainant and avoided the

    complainant but somehow the complainant met the accused

    in his home, finally accused issued a cheque bearing

    No.449091 dated 22.11.2022 drawn on Canara Bank,

    Banashankari II stage branch, Bengaluru for amount of

    Rs.5,00,000/- in favour of the complainant for discharge of

    accused legal debt i.e. principal amount Rs.3,00,000/- and

    interest amount Rs.50,000/- per year for four years totally

    Rs.2,00,000/-. Further, the accused assured that he will

    maintain sufficient balance in his account and the cheque

    would be honored on its presentation. Upon instruction of

    the accused, the complainant presented the said cheque for

    encashment through his Banker Indian Bank, Peenya

    Industrial Estate Branch, Bengaluru, but the said cheque

    was returned dishonored with reasons ‘Funds Insufficient’

    with an endorsement dated 23.11.2022. Thereafter, the

    complainant got issued legal notice to the accused on

    -4- C.C.No. 24412/2023

    14.12.2022 and the said notice was duly served on the

    accused. In spite of issuance of notice the accused failed to

    pay the cheque amount to the complainant and thus

    committed the offence punishable u/s.138 of Negotiable

    Instrument Act. Hence, this complaint.

    3. On filing of this complaint, this court recorded

    the sworn statement of the complainant and took

    cognizance of the offence and issued summons to the

    accused. Accused appeared before the Court through his

    counsel and was enlarged on bail and substance of

    accusation was read over to accused and he pleaded not

    guilty having defense to make. Hence, the matter was

    posted for recording of statement U/Sec.313 of Cr.P.C.

    Since there was incriminating evidence against the accused,

    the statement as required under Sec.313 of Cr.P.C was

    recorded and the matter was posted for cross-examination

    of PW1. In spite of sufficient opportunity the accused has

    failed to cross examine the PW.1, lead defense evidence and

    remained absent. Hence cross-examination of PW1 and

    -5- C.C.No. 24412/2023

    defense evidence was taken as NIL as per order dated

    11.02.2026 and 13.03.2026 respectively.

    4. Heard the counsel for complainant. Arguments of

    accused is taken as not addressed. Perused the averments

    made in complaint, oral and documentary evidence of the

    complainant and after hearing arguments, the points that

    arises for determination are:-

    1) Whether the complainant has proved that, he
    lent a sum of Rs.3,00,000/- to the accused
    as hand loan. To discharge the said liability
    and interest accused issued Ex.P.1 cheque
    amounting to Rs. 5,00,000/- in favour of the
    complainant and the same was dishonored.

    Even after issuance of notice, the accused
    has failed to pay the cheque amount and
    thereby he is guilty of the offence punishable
    under Sec.138 of N.I. Act?

    2) What order?

    5. Findings to the above points are as under:-

    Point No.1 : In the Affirmative
    Point No.2: As per final order for the
    following:

                                -6-              C.C.No. 24412/2023
    
    
                                  REASONS
    
           6.    Point   No.1:-    According    to   the   complaint
    
    

    averments of the complainant, in the month of December

    2018 the accused was in dire need of financial assistance of

    Rs.3,00,000/- for his business and he approached the

    complainant. The complainant with hardship arranged the

    said money and paid to the accused on 24.12.2018 by

    entering into a loan agreement in presence of the witnesses.

    The accused agreed to repay the said amount within four

    years from the receipt of payment and agreed to pay

    nominal interest of Rs.50,000/- every year. After the expiry

    of four years, the accused neither paid the principal amount

    nor Rs.50,000/- interest and not attended the call of the

    complainant and avoided the complainant but somehow

    the complainant met the accused in his home, finally

    accused issued Ex.P.1 cheque to the complainant. On

    presentation of the said cheque, the same came to be

    returned dishonored for the reasons “Funds Insufficient”

    with an endorsement Ex.P.2 on 23.11.2022. The

    -7- C.C.No. 24412/2023

    complainant got issued a legal notice as per Ex.P.3 to the

    accused on 14.12.2022 through his counsel and said notice

    was duly served on the accused. Hence, the complainant

    has filed this present complaint.

    7. In order to prove the complainant’s case he got

    examined as PW1 by filing an affidavit and got marked 6

    documents at the time of his chief examination as follows…

    (i) Ex.P.1 is the cheque of State Bank of India
    bearing No.449091 dated 22.11.2022 for sum of
    Rs.5,00,000/- alleged to have been issued by the
    accused. Signature of the accused is marked
    through complainant as Ex.P1(a).

    (ii) Ex.P2 is the Bank Endorsement dated
    23.11.2022 issued by Indian Bank, stating that
    ‘Funds Insufficient’.

    (iii) Ex.P3 is the legal notice dated 14.12.2022
    issued by the complainant through his advocate
    to the accused demanding the payment of cheque
    amount.

    (iv) Ex.P.4 is the postal receipt.

    (v) Ex.P.5 is the track consignment report.

    (ix) Ex.P.6 is the certificate u/s.65B of the Indian
    Evidence Act, 1872.

                                   -8-                C.C.No. 24412/2023
    
    
            8.   In   the    chief-examination       of    P.W.1,     he    has
    
    

    reiterated entire averments of the complaint and supported

    his version. The accused has neither cross examined the

    PW.1 nor taken any defense to disbelieve the complainant’s

    case.

    9. From the overall evaluation of oral and

    documentary evidence of the complainant it is not in

    dispute that the accused has issued cheque in favour of the

    complainant. It is also not in dispute that the Ex.P.1

    belongs to the accused and it was issued by the accused in

    favour of the complainant subsequent to payment of hand

    loan amount. These points are sufficient to raise

    presumption available under Sec.118 and 139 of N.I. Act.

    That the accused has not taken any defense either denying

    his signature or issuance of cheque.

    10. Since the cheque belongs to the accused account

    and also for the reason that the same was personally issued

    -9- C.C.No. 24412/2023

    to the complainant by the accused, the complainant is

    benefited to raise presumption under Sec.118 and 139 of

    N.I. Act. Thus until and unless the contrary is proved it is

    presumed that the cheque Ex.P.1 is issued for the purpose

    of legal liability.

    11. Now the burden shifts on the accused to rebut

    the presumption under Sec.118 and 139 of N.I Act from the

    defense points either by giving a standard proof or by

    establishing the same under the principles of

    preponderance of probabilities. As discussed above, the

    accused has failed to take any defense in this case either by

    cross examining the PW.1 or by leading defense evidence.

    12. It is settled position of law that after raising

    presumption under Sec.118 and 139 of N.I Act, the burden

    shifts on the accused to rebut the said presumption by

    establishing his defense under the principles of

    preponderance of probabilities in the present case. There is

    – 10 – C.C.No. 24412/2023

    no cogent evidence by the accused, mere denying the

    complainant’s case in a statement recorded under section

    313 of Cr.P.C does not weakens the complainant’s case and

    the same is insufficient to rebut the presumption. The said

    aspect is discussed in detail in a decision rendered by

    Hon’ble High court of Karnataka in “Sripad Vs. Ramadas M.

    Shet, in Cri. Appl. No. 2689/2009 as hereunder:

    “Mere a distorted version or mere
    taking up the plea or the defence that he
    is not liable to pay any amount or he
    discharged the amount are not sufficient
    to put back the burden on to the
    complainant.”

    13. Thus, the above ratio is aptly applicable to the

    facts of the case. The accused has failed to establish his

    defense points by means of tendering related witnesses and

    documentary proof as discussed supra. Thus for all these

    reasons this court finds that the accused to make payment

    towards hand loan amount issued the Ex.P1 cheque to the

    – 11 – C.C.No. 24412/2023

    complainant without having sufficient funds intentionally

    and failed to repay the cheque amount after service of notice

    since the said cheque was dishonored. That the accused

    have utterly failed to establish preponderance of

    probabilities in establishing its defence and further failed to

    rebut the initial presumption under section 118 and 139 of

    N.I. Act. Therefore, in the light of above discussion, the

    Court answer point No.1 in the Affirmative.

    14. Point No.2:- In view of the reasons stated and

    discussed above the complainant has proved the guilt of the

    accused punishable under Sec.138 of N.I. Act. It is

    necessary to note that the said offence is of Civil wrong.

    Hence it is just and necessary to award sentence of fine

    instead of sentence of imprisonment. Transaction between

    the parties is of the December 2018. Considering the age of

    transaction, complaint and time vested by the complainant

    in this litigation the complainant should be compensated

    appropriately. However, the accused has already agreed and

    issued cheque for interest amount along with principal

    – 12 – C.C.No. 24412/2023

    which is more than the minimum interest rate prescribed as

    per RBI guidelines, hence imposing interest on the cheque

    amount will become burdensome on the accused. The

    complainant has agreed to receive the interest amount more

    than the prescribed rate as per RBI guidelines without

    having any money lending license and thus he is not

    entitled to further interest. Under these circumstances if

    the cheque amount is granted as compensation, then same

    would serve the purpose of the complaint. Hence,

    considering all these aspects this court proceed to pass the

    following:-

    ORDER

    Acting under Section Sec.255(2) of
    Cr.P.C accused is hereby convicted for the
    offence punishable under Sec.138 of N.I Act
    and sentenced to pay a fine of Rs.5,05,000/-
    (Rupees Five Lakh Five Thousand Only), in
    default of payment of fine amount, accused
    shall undergo simple imprisonment for 6
    months.

    Further, acting under Sec.357(1)(b) of
    Cr.P.C it is ordered that Rs.5,00,000/-

    – 13 – C.C.No. 24412/2023

    (Rupees Five Lakh Only), shall be paid to the
    complainant as a compensation, remaining
    fine amount of Rs.5,000/- (Rupees Five
    Thousand Only) to the State for the
    expenses incurred in the prosecution.

    The bail bond of the accused stands
    canceled after expiry of the appeal period.

    (Dictated to the Stenographer directly on computer, revised,
    corrected, signed and then pronounced in the open court on this the 19 th
    day of May, 2026)

    (PAVITHRA R.)
    XIII ACJM, BENGALURU CITY

    ANNEXURE

    LIST OF WITNESSES EXAMINED FOR COMPLAINANT:

    PW.1 Sri. Manjunath. B.L.

    LIST OF WITNESSES EXAMINED FOR ACCUSED:

    – NIL –

    LIST OF DOCUMENTS MARKED FOR COMPLAINANT:

    Ex.P.1               :    Original Cheque
    Ex.P.1(a)            :    Signature of the accused
    Ex.P.2               :    Bank endorsement
    Ex.P.3               :    Copy of Legal Notice
                       - 14 -              C.C.No. 24412/2023
    
    
    Ex.P.4     :   Postal receipt
    Ex.P.5     :   Track consignment report
    Ex.P.6     :   Certificate u/s.65B of the Indian
                   Evidence Act
    
    
    

    LIST OF DOCUMENTS MARKED FOR ACCUSED:

    – NIL –

    Digitally
    signed by
    PAVITHRA R
    PAVITHRA
    Date:

                                  R        2026.05.20
                                           15:28:17
                                           +0530
    
    
                         XIII ACJM, BENGALURU CITY.
     



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