Badrappa vs S H Beeraiah on 9 July, 2026

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    Bangalore District Court

    Badrappa vs S H Beeraiah on 9 July, 2026

    KABC010141222025
    
    
    
    
        IN THE COURT OF THE LX ADDL.CITY CIVIL &
          SESSIONS JUDGE, BENGALURU (CCH-61)
    
                          :Present :
                Sri
                  Mallikarjuna Swamy H.S.,
                                   B.Sc., LL.B.,
          LX Addl. City Civil & Sessions Judge,
                       Bengaluru.
    
             Dated this the 9th day of July, 2026
    
                       CRL.A No.886/2025
    
    APPELLANT             : Badrappa,
                            S/o late Rachachari,
                            Aged about 45 years,
                            r/at No.4 and 5,
                            Amma Archid, Ground Floor,
                            1st Cross, Supraja Nagara
                            Chunchagatta Main Road,
                            Bengaluru - 560 062.
    
                               (By: Sri. S.S.V., Advocate)
    
                         Vs.
    RESPONDENT                 Sri S.H. Beeraiah,
                               S/o late Hotte Nanjegowda,
                               aged about 47 years,
                               r/at No.159/1, Tayappa
                               Lolappa Garden,
                               Basavaraju Layout,
                               Jaraganahalli, Sarakki,
                               Bengaluru - 560 078.
    
                               (By :   Sri. U.R., Advocate)
                                  2                Crl.A.No.886/2025
    
    
                                 JUDGMENT
    

    The appellant/accused has preferred this
    appeal under Section 374(3) of Cr.P.C. / 415(3)
    of BNSS, 2023 being aggrieved by the judgment of
    conviction and order of sentence passed in
    C.C.No.1272/2021 dated 07.05.2025 on the file of
    XII Addl.Small Causes Judge and ACJM, Bengaluru.

    2. For the purpose of convenience parties
    are referred to as per their rank before the
    trial court. Appellant was arraigned as accused
    and respondent was the complainant before the
    trial court. Complainant set the law into
    motion by lodging private complaint under
    section 200 of Cr.P.C., for the offence
    punishable u/s 138 of Negotiable Instruments Act
    against accused.

    SPONSORED

    3. The gist of the accusation in the
    complaint is that, complainant and accused are
    known to each other. Complainant is a civil
    contractor and also working as Foreman in
    Adarsha Developers. Accused approached
    complainant for financial assistance of
    Rs.6,00,000/- in the mid month of July 2020.
    complainant arranged the amount from his
    friends and relatives and paid amount of
    Rs.6,00,000/- by way of cash on various dates
    3 Crl.A.No.886/2025

    between 15.08.2020 to 20.10.2020. On demand
    for repayment, accused cheque bearing No.553739
    for Rs.6,00,000/- dated 04.11.2020 drawn on
    Canara Bank, Konanakunte Branch, Bengaluru in
    favour of the complainant. The complainant
    presented the said cheque for encashment through
    his banker Canara Bank, Sarakki Branch,
    Bengaluru and the same was dishonoured for the
    reason “Funds insufficient” vide Endorsement
    dated 07.11.2020. Thereafter, the complainant
    issued legal notice dated 24.11.2020 to the
    accused by calling upon him to pay the amount
    covered under the cheque within the stipulated
    period. The said notice was served to the
    accused on 25.11.2020. In spite of service of
    notice, accused failed to repay the amount
    covered under cheque, however issued untenable
    reply. Hence, complainant constrained to set the
    law into motion.

    4. On the basis of the said complaint, the
    learned ACJM took cognizance of the offence
    punishable under Section 138 of Negotiable
    Instruments Act and issued process against the
    accused. In response to the summons issued, the
    accused appeared before the court and he was
    enlarged on bail. The plea of the accused was
    recorded by explaining the substance of
    4 Crl.A.No.886/2025

    accusation leveled against accused, for which
    the accused pleaded not guilty and claimed to be
    tried.

    5. The complainant adduced evidence as PW.1
    and examined PW.2 to PW.4 and got marked
    Exs.P.1 to P.16 and closed his side. Thereafter
    the statement of the accused was recorded u/s
    313
    of Cr.P.C., wherein accused has denied the
    incriminating evidence adduced against him as
    false. Accused adduced evidence as DW.1 and got
    marked Ex.D.2 in support of his defence.
    Exs.P.17 to P.20 are marked through
    confrontation of DW.1. Ex.D.1 is marked through
    confrontation of PW.1.

    6. After hearing the arguments of both
    sides, the trial court convicted accused for the
    offence punishable under Section 138 of
    Negotiable Instruments Act and sentenced to pay
    fine of Rs.6,10,000/- with default sentence of
    one year simple imprisonment. Further the trial
    court acting u/s Section 357(1)(b) of Cr.P.C.
    ordered that out of fine amount, Rs.6,00,000/-
    to be paid to the complainant as compensation
    and remaining fine of Rs.10,000/- shall be
    defrayed to the state.

    5 Crl.A.No.886/2025

    7. Accused being aggrieved by the said
    judgment preferred this appeal on the following
    grounds;

    (i) The private complaint filed by
    respondent before the trial court are all false.
    The learned magistrate had not given opportunity
    to the appellant to prove his case.

    (ii) The trial court be pleased to taken the
    cognizance against the appellant. The
    appellant has not examined, the appellant
    wants to establish his defence in the trial
    court.

    (iii) The impugned judgment passed by
    the learned magistrate is totally perverse,
    illegal, unlawful and bad in law.

    (iv) The learned magistrate after conclusion
    of trial has proceeded and passed judgment
    against the appellant by invoking the power conferred under

    Section 255(2) of Cr.P.C., the accused is found guilty
    for the offence punishable under Section 138 of
    Negotiable Instruments Act of Negotiable
    Instruments Act.

    (v) Without perusing of cross-examination
    of PW.1 and written arguments of the accused the
    6 Crl.A.No.886/2025

    trial court has blindly passed one side
    judgment.

    (vi) The learned magistrate erred in placing
    much reliance upon the chief examination of PW.1
    when their evidence is totally unbelievable,
    unacceptable and throws great doubt upon their
    credibility and reasonability, though the
    evidence of DW.1 has partially taken, but the
    learned magistrate has not given sufficient
    opportunity to the appellant to prove his case.

    (vii) The complainant had not examined
    any independent witness to corroborate the claim
    of the complainant, which material facts not at
    all considered by the learned magistrate while
    passing the above said impugned judgment.

    (viii) The accused has settled entire
    amount to the respondent / complainant, the copy
    of receipts are herewith produce for the kind
    perusal of this court, there is no due to the
    complainant.

    (ix) under Section 56 of Negotiable
    Instruments Act has to be arised in the above
    said case, which was transaction between the
    complainant / respondent and the accused /
    7 Crl.A.No.886/2025

    appellant. The trial court has not passed the
    judgment upon the said provision.

    (x) The learned magistrate has committed a
    grave error in not exercising his judicial mind
    in appreciating the defence documents of the
    accused. Hence prayed to allow the appeal and to
    set aside the impugned judgment of conviction
    and sentence dated 07.05.2025 and to acquit the
    appellant.

    8. After admission of the appeal, court
    has issued notice to the respondent. The
    respondent has appeared before the court
    through his advocate. The trial court records
    have been secured.

    9. Heard both sides. In view of the
    contentions raised by the parties to the lis
    before the trial court and the evidence
    available on record following points would arise
    for my consideration:

    1) Whether complainant proves that
    issuance of cheque by the
    accused is towards legally
    enforceable debt?

    2) Whether accused rebutted the
    presumption available to the
    complainant under Section 139
    of Negotiable Instruments Act?

    8 Crl.A.No.886/2025

    3) Whether the judgment of
    conviction and sentence passed
    in C.C. No.1272/2021 dated
    07.05.2025 rendered by the XII
    Addl. Judge, Court of Small
    Causes and ACJM, Bengaluru
    calls for interference by this
    court?

    4) What order?

    10. My answer to the above points are as
    under:

    Point No.1: In the Affirmative;
    Point No.2: In the Negative;
    Point No.3: Partly in the Affirmative;
    Point No.4: As per final order,
    for the following:

    REASONS

    11. Point Nos.1 and 2:- It is the case of
    the complainant that, complainant and accused
    are known to each other. Complainant is a
    civil contractor and also working as Foreman in
    Adarsha Developers. Accused approached
    complainant for financial assistance of
    Rs.6,00,000/- in the mid month of July 2020.

    complainant arranged the amount from his
    friends and relatives and paid amount of
    Rs.6,00,000/- by way of cash on various dates
    between 15.08.2020 to 20.10.2020. On demand
    9 Crl.A.No.886/2025

    for repayment, accused cheque bearing No.553739
    for Rs.6,00,000/- dated 04.11.2020 drawn on
    Canara Bank, Konanakunte Branch, Bengaluru in
    favour of the complainant. The complainant
    presented the said cheque for encashment through
    his banker Canara Bank, Sarakki Branch,
    Bengaluru and the same was dishonoured for the
    reason “Funds insufficient” vide Endorsement
    dated 07.11.2020. Thereafter, the complainant
    issued legal notice dated 24.11.2020 to the
    accused by calling upon him to pay the amount
    covered under the cheque within the stipulated
    period. The said notice was served to the
    accused on 25.11.2020. In spite of service of
    notice, accused failed to repay the amount
    covered under cheque, however issued untenable
    reply.

    12. The said averment has been reiterated
    by the complainant in his evidence. PW.2 to
    PW.4 are examined by the complainant to
    substantiate his case. Ex.P.1 is the cheque
    Exs.P.2 and P.3 are pay-in-slips, Ex.P.4 is the
    Bank Endorsement, Ex.P.5 is the office copy of
    the Legal Notice, Exs.P.6 and P.7 are the
    returned postal envelops, Ex.P.8 to P.10 are
    postal receipts, Ex.P.11 is the reply issued by
    accused, Ex.P.12 is the complaint lodged by the
    10 Crl.A.No.886/2025

    complainant, Ex.P.13 is the postal
    acknowledgment, Ex.P.14 is the account statement
    of complainant maintained in Canara Bank,
    Ex.P.15 is the account statement of complainant
    maintained in Kotak Mahindra Bank, Ex.P.16 is
    the Bank account statement of Yathish M.,
    maintained in State Bank of India, Exs.P.17 to
    P.19 are photographs and Ex.P.20 is the Election
    Voter Identity card of the accused.

    13. Before adverting to contentious issues
    this court examined whether complainant complied
    Section 138(a) to (c) of Negotiable Instruments
    Act
    . As such this court examined matters to be
    established by the complainant for availing
    statutory presumptions. Section 138 (a) to (c)
    provides that cheque has to be presented within
    a period of three months from the date on which
    it is drawn or within the period of its validity
    whichever is earlier and notice has to be issued
    making the demand for payment within 30 days of
    receipt of information by him from the bank
    regarding dishonour of cheque and if drawer of
    the cheque fails to make payment within 15 days
    from the receipt of the said notice, the
    complainant can set the law into motion. As
    such this court proceed to examine whether
    complainant complied mandatory provisions of
    11 Crl.A.No.886/2025

    Section 138(a) to (c) before instituting the
    complaint before the leaned Magistrate.

    14. Ex.P.1 cheque was drawn on 04.11.2020.
    Cheque was presented for encashment and the said
    cheque was returned with an endorsement “Funds
    Insufficient” as per Ex.P.4 dated 07.11.2020.
    Legal notice Ex.P.5 was issued through
    registered post on 23.11.2020 and served to the
    accused.

    15. The cheque/Ex.P.1 was presented within
    three months. Notice was issued within
    prescribed period and the complaint was filed
    within 45 days after receipt of legal notice by
    the accused. As such complainant complied
    Section 138(a) to (c) of Negotiable Instruments
    Act
    .

    16. The Hon’ble Supreme Court in its
    decision reported in (2009) 2 SCC 513 – Kumar
    Exports v/s Sharma Carpets and another
    decision
    of the Hon’ble Supreme Court reported in AIR
    2019 SC 1983 – Basalingappa v/s Mudibasappa
    held that presumption under Section 118 and 139
    of N.I.Act are rebuttable presumptions. It is
    further held that rebuttal does not require
    proof beyond reasonable doubt. Something
    probable has to be brought on record. The
    12 Crl.A.No.886/2025

    Hon’ble Supreme Court clearly held that a
    probable defence needs to be raised which must
    meet the standard of ‘preponderance of
    probability’, and not mere possibility.

    17. The defence of the accused is that,
    accused had financial transaction with one
    Ningegowda. Complainant being stranger to the
    accused misused the cheque secured by
    Ningegowda as a security from the accused and
    filed this false case for unlawful gain at the
    behest of Ningegowda. Accused reiterated the
    same in his evidence. In his cross-examination
    accused admitted contents of the photographs
    marked at Exs.P.17 to P.19 in which accused and
    complainant were present and deposed that, he
    knows complainant through Ningegowda. Ex.P.17
    is the old photograph taken during college days
    of the accused and complainant. As such the
    contention of the accused that, complainant is
    a stranger is factually untenable.

    18. Accused in his reply contended that, he
    had issued three cheques to Ningegowda and one
    of the cheque is misused by the complainant.
    Accused in his evidence deposed that, he handed
    over four blank cheques to Ningegowda. Further,
    13 Crl.A.No.886/2025

    accused has not mentioned details of the cheques
    handed over to Ningegowda in the reply. Nothing
    relevant has been elicited in the cross-
    examination of the complainant to disbelieve
    the transaction. PW.2 to PW.4 are examined by
    the complainant to prove how he arranged money.
    As such, accused failed to probabalize his
    defence.

    19. The Hon’ble Supreme Court in its
    decision reported in (2019) 10 SCC 287 – Uttam
    Ram Vs. Devinder Singh Hudan & another
    , held
    that, once cheque is proved to be issued, it
    carries statutory presumption of consideration.
    Then onus is on person issuing the cheque to
    disprove presumption. There is a clear and
    cogent evidence available that cheque belongs to
    the accused which bears his signature. When such
    being the case it is incumbent upon the accused
    to give explanation under what circumstances he
    parted with the possession of Ex.P.1.
    Explanation offered by the accused with regard
    to possession of cheques belong to him in the
    hands of the complainant is improbable.

    20. The statute mandates that once the
    signature of accused on the cheque is
    established then the ‘reverse onus’ clause
    14 Crl.A.No.886/2025

    become operative. In such a situation the
    obligation shifts upon the accused to discharge
    the presumption imposed upon.

    21. The Hon’ble Supreme Court in its
    decision reported in (2019) 4 SCC 197 – Bir
    Singh v/s Mukesh Kumar
    held 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
    N.I.Act, in the absence of any cogent evidence
    to show that cheque was not issued in discharge
    of debt.

    22. The defence raised by the accused in the
    considered opinion of this court not inspire
    confidence or meet the standard of
    ‘preponderance of probability’. In the absence
    of any other relevant evidence to disprove or to
    rebut the presumption available to the
    complainant, the accused in the opinion of this
    court has not discharged his onus in proving his
    contention. As such the point No.1 taken up for
    consideration is held in affirmative and point
    No.2 taken up for consideration is held in
    Negative.

    15 Crl.A.No.886/2025

    WITH REGARD TO SENTENCE:

    23. Point No.3: On careful examination of
    the sentence the learned magistrate sentenced
    the accused to pay fine of Rs.6,10,000/- with
    default sentence of simple imprisonment of one
    year and also ordered to pay compensation of
    Rs.6,00,000/- under Section 357(1)(b) of Cr.P.C.

    24. It is settled position that in view of
    the provisions contained in Section 4(2) of the
    Cr.P.C., the provisions of that code would apply
    even for regulating the inquiries and trials of
    offences under special statutes like the
    Negotiable Instruments Act, so long as there are
    no specific provisions in the special enactment
    covering the situation at hand.

    25. Section 30 of Cr.P.C. provides for
    Sentence of imprisonment in default of fine;

    1) The Court of a Magistrate may award such
    term of imprisonment in default of payment
    of fine as is authorised by law; Provided
    that the term–

    1. is not in excess of the powers of the
    Magistrate under section 29;

    2. shall not, where imprisonment has been
    awarded as part of the substantive
    16 Crl.A.No.886/2025

    sentence, exceed one-fourth of the term
    of imprisonment which the Magistrate is
    competent to inflict as punishment for
    the offence otherwise than as
    imprisonment in default of payment of
    the fine.

    2) The imprisonment awarded under this section
    may be in addition to a substantive sentence
    of imprisonment for the maximum term
    awardable by the Magistrate under section

    29.

    26. Section 25 of the General Clauses Act
    deals with recovery of fines and stipulates as
    follows :-

    Sections 63 to 70 of Indian Penal Code and
    the provisions of Code of Criminal Procedure
    for the time being in force in relation to
    the issue and execution warrants for the
    levy of fines shall apply to all fines
    imposed under any act, regulation, rule or
    bylaw unless the Act, regulation, rule or
    bylaw contains an express provisions to the
    contrary.”

    27. The words ‘authorized by law’, appearing
    in section 30(1) of Cr.P.C., 1973 mean
    authorized by all provisions of law taken
    17 Crl.A.No.886/2025

    together and these provisions are to be found in
    sections 63 to 70 of Indian Penal code, which by
    the mandate of section 25 of General Clauses Act
    are made applicable to all fines imposed under
    the authority of any act, unless such act
    contain an express provision to the contrary.

    28. Section 65 of IPC provides that term
    for which the court directs offender to be
    imprisoned in default of payment of a fine
    shall not exceed 1/4th of the term of
    imprisonment which is the maximum fixed for the
    offence, if the offence be punishable with
    imprisonment as well as fine. Section 138 of
    Negotiable Instruments Act, provides maximum
    punishment upto two years and double the amount
    of fine or both.

    29. At the first blush, it may appear from
    the wordings of clause-(b) of the proviso to
    sub-section(1) of section 30 of Cr.P.C. that the
    limitation therein not to exceed one fourth of
    the maximum term of imprisonment, may applicable
    only in cases, wherein imprisonment and fine
    could have been awarded, but where actually
    substantive prison sentence alone is actually
    imposed. But the provisions in section 65 of IPC
    mandate that term, for which court directs the
    18 Crl.A.No.886/2025

    offender to be imprisoned in default of payment
    of fine shall not exceed one fourth of the term
    of imprisonment, which is maximum fixed for the
    offence, if the offence be punishable with
    imprisonment as well as fine.

    30. Section 65 of IPC applies to all cases,
    where the offence is punishable with
    imprisonment as well as fine, i.e., cases where
    fine and imprisonment can be awarded and also
    those where the punishment may be either fine or
    imprisonment, but not both and the only cases
    that does not apply are those dealt with in
    section 67 of the IPC where fine only can be
    awarded. When both these provisions are
    harmoniously effectuated, the result is that the
    default clause cannot exceed the one fourth of
    the imprisonment term, which is maximum fixed
    for the offence, would come into play. This is
    irrespective as to whether, the sentence
    actually awarded is only fine, even in cases
    where both prison term and fine could have been
    awarded.

    31. On careful examination, the sentence
    passed in this case by the learned magistrate is
    not in accordance with law. As such this court
    19 Crl.A.No.886/2025

    proceed to examine the powers of the appellate
    court with regard to modification of sentence.

    Section 386(b)(iii) and proviso to Sec.386
    provides that;

    386. Power of the Appellate Court. After
    perusing such record and hearing the
    appellant or his pleader, if he appears, and
    the Public Prosecutor if he appears, and in
    case of an appeal under section 377 or
    section 378, the accused, if he appears, the
    Appellate Court may, if it considers that
    there is no sufficient ground for
    interfering, dismiss the appeal, or may-

    (a) xxxxx

    (b) xxxxx
    (I) xxxxx
    (ii )xxxxx

    (iii) with or without altering the finding,
    alter the nature or the extent, or the
    nature and extent, of the sentence, but not
    so as to enhance the Same;

    Provided further that appellate court shall
    not inflict greater punishment for the
    offence which in its opinion the accused has
    committed than might have been inflicted for
    that offence by the court passing the order
    or sentence under appeal.

    32. On careful examination of the above
    stated provision, the appellate court can alter
    the sentence, the only rider is that appellate
    court is not empowered to enhance the same and
    20 Crl.A.No.886/2025

    not to inflict greater punishment than the one
    might have been inflicted by the trial judge.

    33. Taking into consideration of the afore
    mentioned finding, this court proceed to modify
    the sentence as follows:

    Accused is sentenced to pay fine of
    Rs.6,10,000/- and out of which
    complainant is entitled for
    compensation of Rs.6,00,000/- as
    provided u/s 357(1)(b) of Cr.P.C. The
    remaining amount of Rs.10,000/- is
    ordered to be defrayed to the State. In
    default to payment of fine, the accused
    shall undergo simple imprisonment for
    six months.

    34. It is made clear that serving default
    sentence by the accused will not absolve the
    accused from paying the fine amount. As such
    the point No.3 taken up for consideration is
    held partly in the affirmative.

    35. Point No.4:- For the foregoing reasons
    on point Nos.1 to 3, I proceed to pass the
    following:

    21 Crl.A.No.886/2025

    O R D E R

    The Criminal Appeal filed
    by the appellant/accused u/s 374(3)

    (a) of Cr.P.C./ 415(3) of BNSS,
    2023 is hereby allowed in part.

    The judgment of conviction
    passed in C.C.No.1272/2021 dated
    07.05.2025 on the file of XII
    Addl.Judge, Court of Small Causes
    and ACJM, Bengaluru is hereby
    confirmed.

    Sentence is modified as below:

    Accused is sentenced to pay
    fine of Rs.6,10,000/-, out of which
    Rs.6,00,000/- has to be paid as
    compensation to the complainant as
    provided under Section 357(1)(b) of
    Cr.P.C. Remaining amount of
    Rs.10,000/- is ordered to be
    defrayed to the State. In default
    to payment of fine, the accused
    shall undergo simple imprisonment
    for six months.

    22 Crl.A.No.886/2025

    It is made clear that serving
    default sentence by the accused
    will not absolve the accused from
    paying the fine amount.

              Send    back        the    trial     court
           records     along with copy of this
           judgment for further action.
    
    

    (Dictated to the Stenographer Grade-1 / Sr. Sheristedar
    directly on computer, typed by her, corrected by me and
    then pronounced in the open court on this the 9 th day of
    JUly, 2026)

    (MALLIKARJUNA SWAMY H.S.)
    LX Addl. City Civil & Sessions
    Judge, Bengaluru.



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