B Kumara vs Mallesha on 13 July, 2026

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    Bangalore District Court

    B Kumara vs Mallesha on 13 July, 2026

    KABC030505022024
    
    
    
    
                              Presented on : 11-09-2024
                              Registered on : 11-09-2024
                              Decided on    : 13-07-2026
                              Duration      : 1 years, 10 months, 2 days
    
     IN THE COURT OF THE XXIII ACJM, BENGALURU
                             -: Present :-
                     Smt.Asha K.S., B.A.L, L.L.B.,
                     XXIII ACJM, BENGALURU,
                        C.C. No.29458/2024
                 Dated this the 13th day of July, 2026.
    
    Complainant :-         Sri.B.Kumara
                           S/o.Byrappa,
                           Aged about 42 years,
                           R/at Chikkeluru Village,
                           Ramohalli Post,
                           Tavarekere Hobli,
                           Bengaluru-560074.
                        (By Sri.Ganapathi S.Shastri, Advocate)
                         -V/s -
    Accused:             Sri.Mallesha,
                         S/o.Chikkegowda,
                         Aged about 42 years,
                         Vinayakanagara Village,
                         Ramohalli Post, Kengeri Hobli,
                         Bengaluru South Taluk,
                         Bengaluru-560074.
    
                        (By Sri.S.Lakshminarayana., Advocate)
                                    2
    
                                                   C.C.No.29458/2024
    
    
    
    Offences complained of        U/s 138 of Negotiable Instruments Act.
    
    Plea of the Accused           Not Pleaded guilty.
    Final Order                   Accused is Convicted
    Date of Order                 13.07.2026.
                                                     Digitally signed
                                           ASHA      by ASHA K S
                                                     Date:
                                           KS        2026.07.14
                                                     11:03:05 +0530
    
                                          (Smt.Asha K.S,)
                                         XXIII ACJM, Bengaluru.
    
                          JUDGMENT
    

    The complainant has filed the present complaint under
    Section 200 of Cr.P.C. against the accused for the
    commission of an offense punishable under section 138 of
    Negotiable Instruments Act.

    2. The complainant and accused are known to each
    other. The accused had approached for a hand loan of Rs.6
    lakhs to meet the business and family necessities in the
    first week of November 2022. The complainant also agreed
    and paid said amount to the accused by way of cash on
    23.11.2022. The accused has assured to repay the said
    amount within twelve months from the date of receipt of the
    said amount.

    SPONSORED

    3. It is further submitted that, the accused has fails
    to keep up his promise and when complainant has
    demanded to repayment,the accused had issued cheque
    bearing No.000018, dated 08.07.2024 for Rs.6,00,000/-

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    C.C.No.29458/2024

    drawn on Kotak Mahindra Bank, Gandhi Bazar branch,
    Basavanagudi, Bengaluru. On presentation of said cheque
    by the complainant through his banker UCO Bank, Kengeri
    branch, Bengaluru same has been returned as “Drawers
    Signature Differs” on 10.07.2024.

    4. Thereafter the complainant has issued legal
    notice to the accused on 27.07.2024 and same has been
    served on 31.07.2024. Thereafter accused has not replied
    the notice nor paid the cheque amount.

    5. After filing of complaint, cognizance was taken.
    In pursuance of summons, accused appeared before the
    Court and he had enlarged on bail. Substance of accusation
    has been framed and contents of its read over to the
    accused. Accused pleaded not guilty and he claimed to be
    tried.

    6. In order to prove his case complainant has
    examined himself as PW.1 and got marked 07 documents
    at Ex.P.1 to 07 on behalf of the complainant. After closure
    of complainant evidence, accused has examined U/s.313 of
    Cr.PC and after granting time also not chosen to lead
    evidence.

    7. Thereafter arguments heard and perused the
    record.

    8. The following points arise for my determination: –

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    C.C.No.29458/2024

    1) Whether the complainant has
    made out all the ingredients of Sec.138 of
    Negotiable Instruments Act to prove the
    guilt of accused?

    2) What Order?

    09. On hearing the arguments and on perusal written
    arguments and the materials placed on record, my answers
    to: –

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

    REASONS

    10. It is the case of complainant is that the accused and
    complainant are known to each other and friends. The
    accused had borrowed amount of Rs.6,00,000/- for his
    commitments and to discharge said liability, accused had
    issued cheque. On presentation said cheque has been
    returned for the reasons “Drawers Signature Differs “. After
    issuance of notice also the accused has not issued reply
    notice. Thereafter, the complainant has filed this complaint.

    11. To attract Sec.138 of NI Act it is necessary to
    fulfill the ingredients of said provision. I have carefully
    perused the section 138 of of N.I.Act, it has three
    ingredients which are as follows:

    1. That there is a Legally enforceable debt,

    2. That the cheque was drawn from the account of
    bank for discharge in whole or any part of any
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    C.C.No.29458/2024

    debt or other liability which pre-supposes a
    legally enforceable debt.

    3. That the cheque so issued had been returned
    due to insufficiency of funds.

    12. Keeping in view the ingredients of Sec.138 of
    Negotiable Instruments Act. Now I proceed to reproduce the
    Sec.139 and 118(a) of N.I.Act here itself.

    13. Sec.139 of N.I.Act reads as follows “Presumes in
    favor of holder, it shall be presumed unless the contrary is
    proved, that the holder of cheque received the cheque, of the
    nature referred to in Sec.138, for the discharge, in whole or
    in part or any debt or other liability”.

    14. Sec.118(a) reads as follows “Presumption as to
    Negotiable Instrument Act until the contrary is proved, the
    following presumption shall be made (a) of consideration-
    that every negotiable instrument was made or drawn for
    consideration, and that every such instrument, when it has
    been accepted endorse, negotiate or transferred, was
    accepted, endorsed, negotiated or transferred for
    consideration”.

    15. Keeping in view of the ingredients and provision
    of Sec.139 and 118(a) of N.I.Act, now I proceed to discuss
    the documents in the case. I am of the opinion that I need
    not repeat the entire case of the complaint once again since
    I have already stated the same at the beginning of this
    judgment.

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    C.C.No.29458/2024

    16. To prove his case, the complainant has examined
    himself as PW-1 and produced 07 documents and same has
    been marked as Ex.P.1 to P.07. The cheque as per Ex.P.1
    and signature thereon as per Ex.P.1(a). Bank memo as per
    Ex.P.2. Legal Notice as per Ex.P.3. Postal Receipt as per
    Ex.P.4 . Document given by the Postal Dept as per Ex.P.5.
    Application U/s.65-B of Indian Evidence Act as per Ex.P.6
    and Reply as per Ex.P.7.

    17. In the cross-examination of PW-1, he has deposed
    that he is running chicken shop at Koluru, Kundapura and
    getting income of Rs.7 – 8 lakhs per year. He has not
    produced any document to show his income. He denied the
    suggestion that he is doing chit business and he only signed
    in the cheque and misused the same.

    18. The accused has denied the case of complainant
    and to prove his case he has not chosen to enter into
    witness box. The accused has chosen to cross-examine PW-
    1 to prove his defence and he has also issued reply notice.
    In the cross-examination of PW-1, except suggesting that
    the complainant has no source of income to lend such a
    huge amount, nothing has been elicited. In the reply notice
    accused has taken contention that there was a transaction
    between the complainant’s wife, complainant and accused
    and they are known to each other. As per accused, wife of
    complainant had borrowed loan from the accused many
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    C.C.No.29458/2024

    times and she is due of Rs.1 lakh to the accused. It is
    further contended that the complainant has stolen the
    cheque of accused and misused the same.

    19. Advocate for complainant has argued that
    complainant has proved his case and accused has fails to
    rebut the presumption. Till today accused has not lodged
    any complaint against the complainant. Advocate for
    accused has argued that there was no transaction between
    the parties and the complainant has not proved his case. As
    per complainant accused had borrowed amount of
    Rs.6,00,000/- and to discharge the same, the accused had
    issued Ex.P.1 cheque.

    20. The complainant has produced documents and
    same has been marked as Ex.P.1 to 7. Ex.P.1 cheque,
    Ex.P.2 memo, Ex.P.3 is a legal notice, Ex.P.4 Postal receipt.
    Track consignment as per Ex.P.5. Certificate U/s.65-B of
    Indian Evidence Act as per Ex.P.6 and Reply notice as per
    Ex.P.7. Admittedly cheque is belongs to accused and the
    accused has disputed the issuance of cheque and signature.
    Complaint has been filed within time. cheque is in the
    hands of the complainant. As per Sec.139 of N.I.Act
    “Presumes in favor of holder, it shall be presumed unless
    the contrary is proved, that the holder of cheque received
    the cheque, of the nature referred to in Sec.138, for the
    discharge, in whole or in part or any debt or other liability”.

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    C.C.No.29458/2024

    Here the question arise for consideration is whether the
    accused has rebutted the presumption or not and is there
    legally recoverable debt or liability. The accused has an
    option to rebut the presumption by way of eliciting truth
    from PW-1 in the cross-examination, by way of entering into
    witness box and he can utilize materials available on record.
    In this case the accused has not entered into witness box
    but cross-examined the PW-1.

    21. The burden is on the accused to prove that how
    his cheque had been to the hands of the complainant. The
    accused has explained that how his cheque had been to the
    hands of the complainant ie.., the complainant has stolen
    his cheque. If that is so, option available to the accused was
    to demand his cheque by issuing notice or by giving
    intimation to the bank for stop payment or by lodging
    complaint before the police station or court. Here no such
    efforts from the accused.

    22. As discussed above in the reply notice the accused
    has contended that the wife of complainant had borrowed
    amount from the accused and she is due of Rs.1 lakh.
    Except saying this no material has been placed before the
    court. No witness has been examined to prove that there
    was a transaction between the accused and wife of
    complainant. The another contention of accused is that the
    complainant has stolen his cheque. As discussed above no
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    C.C.No.29458/2024

    complaint lodged against the complainant for alleged act of
    theft or alleged misuse of cheque. There is no explanation
    from the accused that what prevented him from taking steps
    against the complainant.

    23. As per Ex.P.3 notice has been issued on
    27.07.2024 and same has been served to the accused. The
    accused might have received the message from bank also
    with regard to dishonour of cheque. In such circumstances
    the only option available to the accused is to take steps
    against the complainant, but till today no such complaint
    against the complainant. There is no explanation from the
    accused for his silence. It is not an act of prudent man. As
    per accused wife of complainant is due of Rs.1 lakh, in such
    circumstances accused has to take steps against the wife of
    complainant also but there is no efforts from accused side.

    24. Advocate for accused has contended while cross-
    examining PW-1 that the complainant only filled and signed
    the cheque, hence it is not valid. During the cross-
    examination of PW-1, he denied that aspect. Here the
    question is whether complainant can fill the cheque or not.
    In the authority in Sunita Dubey (Smt.) Vs. Hukum Singh
    Ahirwar
    . In that Hon’ble Apex Court held that blank cheque
    can be filled up by holder thereof. Which will be valid
    instrument in eye of law. The complainant has right to get
    benefit U/s.20 of Act. As per Section 20 of N.I.Act inchoate
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    C.C.No.29458/2024

    instruments are also valid and legally enforceable. In the
    case of a signed blank cheque, the drawer gives authority to
    the drawee to fill up the a great liability. Hence accused
    cannot contend that the cheque is not valid.

    25. The accused has denied his signature also in the
    cheque. Ex.P.2 bank endorsement also shows that drawers
    signature differs. Thereafter also the accused has not
    chosen to sent the document for handwriting expert. More
    particularly accused has not chosen to enter into witness
    box and not given an opportunity to the complainant for
    cross-examination. If really accused has not issued cheque
    in favour of the complainant, then there was no hurdle for
    him to enter into witness box and depose the same.

    26. As per accused, the complainant has misused his
    cheque. If really the complainant has misused the cheque of
    accused, then he has an option to proceed against the
    complainant before appropriate authority or forum. This
    case has been filed in the year 2024 and now it is 2026 but
    till today no such effort from accused side. The accused has
    further contended that the wife of complainant has
    borrowed amount from him and she is due but not given
    any supportive documents and not explained that why he is
    silent, if his contention is genuine. There is no answer from
    accused side.

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    C.C.No.29458/2024

    27. Advocate for accused has contended that, the
    complainant has no financial capacity to lend such a huge
    amount. In the evidence the complainant has clearly
    deposed that he is running chicken shop and getting income
    of Rs.7 to 8 lakhs per annum. It shows that the complainant
    has capacity to pay said amount. Moreover the amount
    involved in this case is Rs.6 lakhs only. As stated above the
    complainant is doing chicken business and getting income.
    All these aspects show that the complainant has financial
    capacity to lend amount.

    28. As discussed above, the advocate for accused has
    cross-examined the PW-1 but nothing has been elicited to
    prove the defence of the accused. Except suggesting with
    regard to financial capacity of the complainant nothing has
    been suggested. As discussed above the accused has not
    placed any documents to show that what steps he has taken
    for alleged misuse of his cheque. The accused has issued
    reply notice on 29.08.2024 and till today he has not taken
    any steps against the complainant. He has not chosen to
    enter into witness box also. Hence adverse inference has to
    be drawn against the accused.

    29. In this case the accused has not exercised
    options available to him. Though he has alleged that
    complainant has misused his cheque but no complaint
    lodged against him. All these aspects clearly shows that
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    C.C.No.29458/2024

    there was a transaction between the parties and accused
    has issued cheque to discharge his liability but only to
    escape from his liability, he has denied the case of
    complainant and taken different versions but fails to prove
    his contention.

    30. As per Section 114 of Indian Evidence Act court
    may presume that bill of exchange was accepted for good
    consideration. Issuance of cheque is proved. Hence
    presumption can be drawn. Therefore, it probabalizes that
    the transactions alleged in the complaint is genuine.

    31. The accused person has fails to prove his
    defence. The reason or explanation given by the accused
    with regard to how his cheque had been to the hands of the
    complainant is not at all acceptable one. Hence there is no
    reasons to disbelieve the case of complainant. Hence
    presumption can be drawn in favour of complainant.

    32. Advocate for accused has produced authority
    reported in Crl. Appeal No.2402/2014 K.Subramani
    Vs.Damodhar Naidu. In that Hon’ble Apex Court held that
    complaint must prove his source of income to avail
    presumption. In the case on hand also the accused has
    taken contention regarding financial capacity. But the
    complainant has deposed that he is running chicken shop
    and getting income. The accused has not produced any
    document to show that what steps he has taken for alleged
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    C.C.No.29458/2024

    misuse of his cheque. Till today no complaint is lodged
    against the complainant. It shows that there was a
    transaction between the parties and the complainant has
    financial capacity. Hence the issue regarding financial
    capacity does not arise. Moreover facts and circumstances
    of both the cases are not one and the same. Hence ratio
    held in above authority is not supports to the contention of
    accused.

    33. Advocate for accused has produced authority
    reported in Krishna Janardhan Bhat Vs.Dattatreya G.Hegde
    in (2008) 4 SCC 54. Advocate for accused argued that as per
    said authority there should be document with regard to
    alleged transaction. In this case there is no agreement,
    promissory note with regard to said transaction. Hence
    court cannot draw presumption U/s.139 of N.I.Act. It is true
    that there should be documents with regard to alleged
    transaction. At the same time accused has to explain that
    how his cheque had been to the hands of the accused. Here
    there is no such explanation from the accused and no
    person will simply sit, if someone has stolen his cheque.
    The facts and circumstances of above authority and case on
    hand are entirely different. In the above said authority there
    is a dispute with regard to transaction and accused has
    taken contention that his power of attorney holder has
    misused his signed cheque. Here advocate for accused also
    taken contention that complainant has stolen the cheque
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    C.C.No.29458/2024

    belongs to the accused. If that is so, the option available to
    the accused was to lodge complaint against the
    complainant. As discussed above there is no such steps by
    the accused. It shows that there was a transaction between
    the parties. Moreover accused has not chosen to enter into
    witness box to prove his defence. In the above authority also
    Hon’ble Apex Court held that accused shall enter into
    witness box, when there is a specific defence or he has to
    prove through available materials. Here accused has not
    proved his defence, hence he cannot take shelter of above
    said authority.

    34. Advocate for accused has produced another
    Judgment in Crl. Revision Petition No.135/2011 in Mini
    Mohnan Vs.K.S.Kochumon and another. In that Hon’ble
    High Court of Kerala held that when there is a doubt
    regarding transaction and accused has raised probable
    defence, then court has to consider. Perused the said
    Judgment and noticed that in that there is an evidence to
    show that there was a transaction between wife of
    complainant and husband of accused. There is no clarity in
    pleadings also. Here there is no such doubt. Except
    suggesting to the PW-1 in the cross-examination that there
    was a transaction between the wife of complainant and
    accused, he has not explained about that transaction. He
    has not placed any material in support of his contention. If
    really transaction was between the wife of complainant and
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    C.C.No.29458/2024

    accused then there was no hurdle for the accused to enter
    into the witness box and deposed the same. Here there is no
    such evidence. Moreover facts and circumstances of both
    the cases are not one and the same. Hence ratio held in
    above authority is not supports to the contention of
    accused.

    35. Advocate for accused has produced another
    Judgment in Crl. Revision Petition No.172/2008 in
    A.Vishwanath Pai Vs.Vivekananda S.Bhat. In that Hon’ble
    High Court of Karnataka held that there should be legally
    recoverable debt or liability. The accused has a
    constitutional right to maintain silence. Standard of proof
    on the part of accused and that of prosecution in a criminal
    case is different. Here there is a legally recoverable debt
    and the accused has not raised any probable defence and
    not proved his defence also. There should be some material
    or evidence or admission from PW-1 to believe the version of
    accused. Here the accused has not elicited anything from
    PW-1 in the cross-examination. There is not supportive
    material to believe the version of accused. Except suggesting
    to the PW-1 in the cross-examination that there was a
    transaction between the wife of complainant and accused,
    he has not explained about that transaction. He has not
    placed any material in support of his contention. If really
    transaction was between the wife of complainant and
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    C.C.No.29458/2024

    accused then there was no hurdle for the accused to enter
    into the witness box and deposed the same. Here there is no
    such evidence. Moreover facts and circumstances of both
    the cases are not one and the same. Hence ratio held in
    above authority is not supports to the contention of
    accused.

    36. Regarding the burden of the accused to rebut the
    presumptions in N.I Act the Hon’ble Apex Court in
    Rohitbhai Jivanlal Patel Vs State Of Gujarat in Crl.A.No.508
    OF 2019 held:

    “16.On the aspects relating to preponderance of
    probabilities, the accused has to bring on record such
    facts and such circumstances which may lead the
    Court to conclude either that the consideration did
    not exist or that its non-existence was so probable
    that a prudent man would, under the circumstances
    of the case, act upon the plea that the consideration
    did not exist. This Court has, time and again,
    emphasized that though there may not be sufficient
    negative evidence which could be brought on record
    by the accused to discharge his burden, yet mere
    denial would not fulfill the requirements of rebuttal as
    envisaged under Section 118 and 139 of the NI Act…”

    37. As discussed above the accused has fails to rebut
    the presumption. Under the criminal jurisprudence, the
    prosecution is required to establish the guilt of the accused
    beyond all reasonable doubt. However, the proceeding
    U/sec.138 of Negotiable Instruments Act is quasi-criminal
    in nature. In these proceedings proof beyond reasonable
    doubt is subject to presumptions envisaged under sec.118,
    17

    C.C.No.29458/2024

    139 and 146 of Negotiable Instruments Act. An essential
    ingredient of Sec.138 of Negotiable Instruments Act is that
    cheque in question must have been issued towards a legally
    or liability. Sec.118 and 139 of Negotiable Instruments Act
    envisage certain presumptions. Under Sec.118 a
    presumption shall be raised regarding consideration, date,
    acceptance, transfer, endorsements and regarding the
    holder in due course of Negotiable Instruments. Even under
    Sec.139 a rebuttal presumption shall be raised that the
    cheque in question was issued regarding discharge of a
    legally enforceable debt. These presumptions are mandatory
    presumptions that are required to be raised in case of
    Negotiable Instruments. These presumptions are not
    conclusive presumptions, but are rebuttable. The accused
    has fails to rebut the presumption.

    38. In the authority reported in Crl Appeal
    No.348/2011 in Smt.Jayalakshmamma Vs.Shasikala. In
    that case the Hon’ble High Court of Karnataka held that if
    accused has taken contention that complainant has
    misused his cheque, then there should be complaint before
    the police or any authority or intimation to the bank. If
    accused has not exercised these options then, his
    contention cannot be considered with regard to missing of
    cheque or alleged misuse of cheque. In the case on hand
    also the accused has taken contention that the complainant
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    C.C.No.29458/2024

    has stolen his cheque and complainant has misused the
    same. but no notice has been issued to the complainant
    and no complaint is lodged. If really contention of accused is
    genuine, definitely he would have lodged complaint against
    the complainant. Here no such complaint by the accused.
    It shows that there was a transaction between the parties
    and only to escape from his liability he has taken that
    contention but not proved his contention. Hence ratio held
    in above authority is applicable to case on hand.

    39. But in the recent decision of Hon’ble Apex Court
    in the authority reported in Crl. Appeal 1755/2010 in
    Sanjabij Tari Vs.Kishore S. Borcar case Hon’ble Apex Court
    held that only on the ground that transaction is by way of
    cash and not shown in the IT returns, complaint cannot be
    dismissed. It is further held that if accused not lodged any
    complaint against the complainant after dishonour of
    cheque by alleging that the cheque was not to be encashed.
    Consequently, the defence of financial in capacity and
    transaction by way of cash by the accused is on after
    thought. In the case on hand also after dishonour of
    cheque, the complainant has issued notice and same has
    been served to the accused but thereafter also not proved
    his defence. Till today the accused has not lodged any
    complaint against the complainant for alleged misuse of his
    cheque. Hence accused cannot take defence with regard to
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    C.C.No.29458/2024

    financial in capacity of the complainant or cash transaction.
    The ratio held in above authority is supports the case of
    complainant.

    40. The Hon’ble Apex Court in Rangappa v. Sri Mohan,
    (2010) 11 SCC 441 Hon’ble Apex Court held as under:-

    “26. In light of these extracts, we are in agreement
    with the respondent claimant that the presumption
    mandated by Section 139 of the Act does indeed
    include the existence of a legally enforceable debt or
    liability. To that extent, the impugned observations in
    Krishna Janardhan Bhat [(2008) 4 SCC 54 : (2008) 2
    SCC (Cri) 166] may not be correct. However, this does
    not in any way cast doubt on the correctness of the
    decision in that case since it was based on the specific
    facts and circumstances therein. As noted in the
    citations, this is of course in the nature of a rebuttable
    presumption and it is open to the accused to raise a
    defence wherein the existence of a legally enforceable
    debt or liability can be contested. However, there can
    be no doubt that there is an initial presumption which
    favours the complainant.

    28. In the absence of compelling justifications, reverse
    onus clauses usually impose an evidentiary burden
    and not a persuasive burden. Keeping this in view, it is
    a settled position that when an accused has to rebut
    the presumption under Section 139, the standard of
    proof for doing so is that of “preponderance of
    probabilities”. Therefore, if the accused is able to raise
    a probable defence, which creates doubts about the
    existence of a legally enforceable debt or liability, the
    prosecution can fail. As clarified in the citations, the
    accused can rely on the materials submitted by the
    complainant in order to raise such a defence and it is
    conceivable that in some cases the accused may not
    need to adduce evidence of his/her own.”

    41. Such being the case it is for the accused to rebut

    the presumption under Sec.139 of Negotiable Instruments
    20

    C.C.No.29458/2024

    Act and to show that the cheque in question was not issued
    towards any legally enforceable debt or liability and accused
    has to prove the same not by mere possible explanation, but
    by cogent evidence. In this case the accused has fails to
    prove that he has not issued cheque towards legally
    enforceable debt. There is no dispute with regard to
    signatures. Till today accused has not filed any complaint
    against the complainant for alleged misuse of his cheque.
    She has not tried to take back his cheque. Silence of
    accused shows that she is admitting transaction and for
    that reason only, he has not tried to take back her cheque.
    Only to escape from his liability, he has denied the case of
    complainant.

    42. Therefore, when there is evidence of complainant

    regarding the issuance of cheque and it was dishonour on

    presentation and when there is no evidence on the side of

    the accused to rebut the presumption available under

    section 118 and 139 of Negotiable Instrument Act, I am of

    the view that complainant has successfully established that

    cheque have been issued by the accused towards the

    discharge of legal liability and was dishonoured on its

    presentation for “Drawers Signature Differs”.

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    C.C.No.29458/2024

    43. The complainant has proved that accused had issued
    cheque towards discharge of his legally recoverable debt or
    liability. There is no proper explanation from the accused
    that why he has not tried to take back his cheque. There is
    no effort from the accused to take steps against the
    complainant for alleged misuse of his cheque. If there was
    no transaction between the parties, then no ordinary
    prudent man will simply sit by issuing cheque. After
    receiving of notice also the accused had an option to take
    steps against the complainant but the accused has not
    exercised any of option available to him. Though the
    accused has taken contention that the complainant has
    stolen his cheque but not proved his defence. All these
    aspects show that there was a transaction between the
    parties and to discharge his liability only, accused had
    issued Ex.P.1. The accused has fails to prove that there is
    no legally recoverable debt or liability. Hence, in view of the
    above discussion, this court is of the opinion that the
    complainant has proved his case. On careful perusal of
    materials on record I am of the opinion that there is a
    legally recoverable debt or liability. All these aspects show
    that accused had issued cheques to the complainant
    towards discharge of his liability. The complainant has
    proved the initial burden and accused has not proved his
    defence and not rebutted the presumption. The evidence of
    PW.1 coupled with documentary evidence corroborates with
    22

    C.C.No.29458/2024

    each other. During the cross-examination of PW-1 also
    nothing has been elicited. Considering the facts and
    circumstances of the case the version of complainant
    appears to be true. The ingredients required to fulfill
    Sec.138 of NI Act also proved. Hence, I hold that there are
    materials available on record to conclude that accused has
    committed an offence U/Sec.138 of NI Act, hence I
    answered Point no.1 in the Affirmative.

    44. Point No.2:- In view of the aforesaid reasons, I
    proceed to pass the following :-

    -: ORDER :-

    By invoking the power conferred under
    section 278(2) of B.N.S.S.,The accused is
    found guilty for the offence punishable under
    section 138 of Negotiable Instruments Act.

    Accused is sentenced to pay a fine of
    Rs.6,00,000/- (Rupees Six Lakhs only). In
    default to pay the fine, accused shall
    undergo simple imprisonment for a period of
    six months.

    Further, acting under Sec.395 (1) (b) of
    BNSS., on recovery of sum of Rs.6,00,000/-
    (Rupees Six Lakhs only) Rs. 5,95,000/- shall
    be paid to the complainant as compensation
    and Rs.5,000/- shall be remitted to the state
    exchequer.

    23

    C.C.No.29458/2024

    Supply free copy of this order to the
    accused forthwith.

    (Dictated to stenographer directly on my computer, after
    clerical additions by him, script revised, corrected and pronounced
    by me in the Open Court on this the 13th day of July-2026)
    ASHA Digitally signed
    by ASHA K S
    Date: 2026.07.14
    KS 11:03:43 +0530

    (Smt.Asha K.S,)
    XXIII ACJM,Bengaluru.

    ANNEXURE

    1) List of Witnesses examined for complainant:-

    PW.1 : Sri.Kumara.B.

    2) List of documents marked on behalf of complainant: –

          Ex.P.1         :   Cheque.
          Ex.P.1(a)      :   Signatures of accused,
          Ex.P.2         :   Bank Memo,
          Ex.P.3         :   Legal Notice,
          Ex.P.4         :   Postal Receipt.
          Ex.P.5         :   Document issued by the Postal
                             Department.
          Ex.P.6         :   Certificate U/s.65-B of I.E.A.
          Ex.P.7         :   Reply.
    
    

    3) List of witness examined on behalf of the Accused :-

    : Nil :

    4) List of documents marked on behalf of the Accused:-

                           : Nil :                       Digitally signed
                                             ASHA        by ASHA K S
                                                         Date:
                                             KS          2026.07.14
                                                         11:03:55 +0530
                                            (Smt.Asha K.S,)
                                           XXIII ACJM, Bengaluru.
     24
    
         C.C.No.29458/2024
     25
    
         C.C.No.29458/2024
                     26
    
                                   C.C.No.29458/2024
    
    
    
    
    

    13.07.2026 (Judgment pronounced in the
    open Court vide separate order.)

    -: ORDER :-

    By invoking the power
    conferred under section 278(2) of
    B.N.S.S.,The accused is found
    guilty for the offence punishable
    under section 138 of Negotiable
    Instruments Act.

    Accused is sentenced to pay
    a fine of Rs.6,00,000/- (Rupees
    Six Lakhs only). In default to pay
    the fine, accused shall undergo
    simple imprisonment for a period
    of six months.

        27
    
                       C.C.No.29458/2024
    
    
    
          Further,    acting     under
    Sec.395 (1) (b) of BNSS., on
    recovery of sum of Rs.6,00,000/-
    (Rupees Six Lakhs only) Rs.
    5,95,000/- shall be paid to the
    complainant as compensation and
    Rs.5,000/- shall be remitted to the
    state exchequer.
    
         Supply free copy of this
    order to the accused forthwith.
    
    
                (Smt.Asha K.S,)
             XXIII ACJM, Bengaluru.
     28
    
         C.C.No.29458/2024
     



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