M/S. Parasmani Marbles Private Limited vs Santhosh Shelters Private Limited on 6 April, 2026

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    Bangalore District Court

    M/S. Parasmani Marbles Private Limited vs Santhosh Shelters Private Limited on 6 April, 2026

    KABC030150972024
    
    
    
    
          IN THE COURT OF THE XXV ADDL. CHIEF JUDICIAL
                  MAGISTRATE, AT BANGALORE CITY
    
                   Dated this the 6th day of April 2026
                      Present : SRI. GOKULA. K
                                         B.A.LL.B.
                     XXV Addl. Chief Judicial Magistrate,
                              Bangalore City.
    
                         C.C.No.8405/2024
    
     Complainant :      M/s Parasmani Marbles Private Limited
                        (A duly incorporated company)
                        registered office at Sy.No.82/2B-1A
                        Melumalai Village, Samalapalam Post
                        Shoolagiri District, Krishnagiri 635117
                        Tamil Nadu
                        CIN Number UI4296TZ2017PTC028810
                        GST Number :33AAJCP1388AIZO
                        Represented by its Director Pradeep Soodani
                         (By GA -Advocate )
    
                                    V/s
    
     Accused   :         1. Santhosh Shelters Private Limited
                         (An Incorporated Company)
                         Having registered office at:
                         3rd floor, 206/2A, 6th cross,
                         Nagavarapalya, C.V.Raman Nagar
                         Bengaluru 560 093.
                         CIN Number :U45309KA 2017PTC108766
                         GST Number:29AAZCS6109CIZX
    
                         2.Mr. Srinivasan Keeranati Thimmarayan
                         Aged major
                         Managing Director :
                                     2
                                                   C.C.No.8405/2024
    
                         Santhosh Shelters Pvt.Ltd.
                         DIN : 08693787
    
                         3. Mrs. Bhagyarathna
                         Aged major
                         Director : Santhosh Shelters Pvt.Ltd.,
                         DIN : 07771459
    
                         Both at :
                         3rd floor, 206/2A, 6th cross,
                         Nagavarapalya,
                         C.V.Raman Nagar
                         Bengaluru 560 093.
    
                         Having construction site at :
                         #6, Mamatha Farm, Gaddige Main Road
                         Bagadi Village, Kasaba Hobli
                         Mysore 570 026.
                         (By MS - Advocate )
    
    
    Plea of accused:       Pleaded not guilty
    
    Final Order:           Accused Nos.1 to 3 are convicted
    
    Date of judgment :      06.04.2026
    
    
                            JUDGMENT
    

    The complainant has filed the complaint under Section 200

    of Criminal Procedure Code against the accused for the offence

    SPONSORED

    punishable under Section 138 Negotiable Instruments Act.

    2. The brief case of the complainant is as under:

    That the complainant is a company incorporated under

    Companies Act involved in trading and business of marbles,

    granites and such other allied business. The Accused No.1 is a
    3
    C.C.No.8405/2024

    company involved in real estate and construction industry. The

    accused no. 1 and 2 are the Directors of Accused no. 1 company

    and they are involved in day to day affairs and business of

    accused No.1. It is pleaded that the Accused No.2 and 3

    approached the complainant for purchase various kinds of

    imported marbles. That as per the orders placed by the accused,

    the complainant has supplied various kinds of imported

    marbles on credit basis to the construction site at Mysore. The

    complainant supplied imported marbles under multiple invoices

    amounting to ₹.1,74,19,474/-. The accused have made part

    payment of only ₹.89,07,842/- and the outstanding due amount

    is ₹.85,11,632/-. The same is legally enforceable debt payable

    by the accused to the complainant. That towards partial

    discharge of said sum, the accused issued the following cheques

    all drawn on Karnataka Bank Ltd, Murphy Town Branch,

    Bengaluru in favour of the complainant.

    1. Cheque bearing No.742094 dated 01.12.2023 for

    ₹.12,55,086/-

    2. Cheque bearing No.742252 dated 05.12.2023 for

    ₹.11,00,000/-

    3. Cheque bearing No.742253 dated 05.12.2023 for

    ₹.12,00,000/-

    4

    C.C.No.8405/2024

    It is pleaded that the complainant presented said cheques

    through their banker i.e. State Bank Of India, Electronic City

    Branch, Bangalore and the Cheque bearing No.742094 dated

    01.12.2023 returned dishonored for the reason “Funds

    Insufficient” on 05.12.2023 and Cheque bearing No.742252

    dated 05.02.2023 and Cheque bearing No.742253 dated

    05.12.2023 returned dishonored for the reason “Payment

    stopped by drawer” on 07-12-2023. Hence, the complainant

    has issued legal notice dated 22.12.2023 by RPAD and

    demanded to pay the sum of ₹.35,55,086/- covered under above

    three cheques and the notice is served on accused no. 1 on

    26.02.2023 to Mysore Address. It is stated that notice issued to

    the accused no. 2 and 3 to their address at Mysore is returned

    unclaimed on 01.01.2024 and notice issued to the address at

    Bangaluru is returned with endorsement unclaimed on

    03.01.2024. Inspite of service of notice, the accused failed to

    pay the claim amount to the complainant within the statutory

    time. Therefore, the accused has committed the offence under

    Section 138 of Negotiable Instruments Act. Therefore the

    complainant has filed the complaint.

    3. On the basis of Private complaint filed by the complainant,

    this court has taken cognizance of offence and registered the
    5
    C.C.No.8405/2024

    case in PCR No.3050/2024 and recorded sworn statement of

    the director and authrorized representative of the complainant

    as PW 1 and got marked 17 documents as Ex.P 1 to P17. This

    court by considering the material on record issued process

    under Section 204 of Cr.PC by registering the criminal case. In

    response to the process issued by this court, the accused

    persons appeared through video conference and are released on

    bail. The accused no. 2 and 3 are also sought for permanent

    exemption from appearing from court and it is allowed. The

    accused represented during proceedings through their counsel.

    The copy of the complaint is served to the accused persons

    along with the summons as contemplated under Section 207 of

    Criminal Procedure Code.

    4. The substance of the acquisition as provided under

    Section 251 of Cr.P.C is read over to the accused persons and

    plea is recorded. The accused have pleaded not guilty and

    claimed to be tried.

    5. In view of the law laid down by Hon’ble Supreme Court of

    India in Indian Bank Association V/s Union of India and others

    reported in AIR 2014 SCW 3463, the affidavit filed by the

    complainant at the stage of taking cognizance and documents

    marked is treated as evidence under section 145 of Negotiable
    6
    C.C.No.8405/2024

    Instruments Act. The PW 1 is recalled on the application of the

    accused and subjected to cross examination. After the

    conclusion of evidence of the complainant, the incriminating

    circumstances in the evidence of PW 1 is read over to the

    accused and their statements under Section 313 of Cr.P.C.

    recorded through video conference. The accused denied the

    same as false. The accused No.2 himself examined as DW 1

    through video conference and got marked the documents as

    Ex.D1 and Ex.D10. The accused have examined one witness as

    DW 2.

    6. Heard arguments of learned counsel for the complainant

    and arguments of learned counsel for the accused and the

    written arguments of the complainant and accused and perused

    the materials on record.

    7. On the basis of the material on record the following points

    arise for the consideration of this court :

    1. Whether the complainant proves beyond all
    reasonable doubt that the accused no. 2 and 3
    being the directors of accused no. 1 company
    and responsible for the day today affaires of
    accused no. 1 company and the accused no. 2
    being the signatory to the cheques drawn from
    the account of the accused no. 1 have issued 3
    7
    C.C.No.8405/2024

    cheques ie Cheque bearing No.742094 dated
    01.12.2023 for ₹.12,55,086/-, 2. Cheque
    bearing No.742252 dated 05.12.2023 for
    ₹.11,00,000/-, 3. Cheque bearing No.742253
    dated 05.12.2023 for ₹.12,00,000/- all drawn
    on Karnataka Bank Ltd, Murphy Town Branch,
    Bengaluru in favour of the complainant
    towards discharge of legally recoverable debt
    and on presentation of the said cheques
    through its banker i.e State Bank of India,
    Electronic City branch, the said cheques no. 1
    referred above are returned for the reasons
    “Funds Insufficient” and cheque no. 2 and 3
    referred above is dishonored for the reason
    “Payment stopped by drawer” on 05.12.2023
    and 07.12.2023 and inspite of receipt of
    demand notice dated 22.12.2023 on
    26.12.2023 the accused have not complied the
    demands in the notice and thus committed an
    offence punishable under Section 138 of
    Negotiable Instruments Act ?

    2. What Order of Sentence?

    8. The findings of this court to the above points are as follows:

               Point No.1         In the affirmative,
               Point No.2         As per final order
                                                for the following :
                                    8
                                                 C.C.No.8405/2024
    
                                 REASONS
    
    

    9. POINT NO.1: To prove the case the authorised representative

    and the director of the complainant is examined as PW-1 and in

    his evidence affidavit he has reiterated the averments made in

    the complaint. The complainant is a company incorporated

    under Companies Act involved in trading and business of

    marbles, granites and such other allied business. To prove

    incorporation of the company the complainant has produced the

    web Copy of the Incorporation Certificate as Ex.P1. This

    document proves the legal status of the complainant.

    10. The PW 1 has deposed that he is the Director of the

    complainant company and involved in the day to day activities

    of the complainant company and having personal knowledge

    about the transactions with the accused. The complainant has

    produced the copy of Resolution passed in the meeting of board

    of directors authorizing him to represent the complainant

    company and it is marked as Ex.P.2. As per Ex.P 2 PW1 is

    authorized to file the complaint, engage advocate, give evidence

    on behalf of complainant company.

    11. In the cross examination of PW1, the accused has denied

    the authority of PW1 to represent the complainant. It is the

    contention of the accused that under Exhibit P2, Board
    9
    C.C.No.8405/2024

    Resolution no specific authority is given to any person to file the

    case against any specific person. There is no authority is given

    to prosecute the accused no. 1 to 3 under Exhibit P2 Board

    Resolution. But on perusal of Exhibit P2 board resolution,

    general authority is given to PW1 to represent the company

    before all the law courts and other authorities and to do all the

    needful acts on behalf of the complaint company. Therefore, it

    also gives authority to PW1 to prosecute the accused on behalf

    of complainant company. It is not the case of the accused that

    PW1 is not involved in the business transactions between the

    complainant and accused and he is not having personal

    knowledge about the transactions, therefore he is not competent

    to represent the complainant company. The accused has

    admitted that the PW1 is involved in the business transactions

    on behalf of complainant company with the accused. Therefore,

    the competency of PW1 to represent the complainant company

    cannot be doubted.

    12. The PW 1 has deposed that accused No.1 is a company

    involved in real estate and construction industry. The accused

    no. 2 and 3 are the Directors of accused no. 1 and they are

    involved in day to day affairs and business of the accused No.1.

    He has deposed that the accused No. 2 and 3 approached the
    10
    C.C.No.8405/2024

    complainant to purchase various kinds of imported marbles.

    That as per the orders placed by the accused, the complainant

    has supplied various kinds of imported marbles on credit basis

    to the construction site at Mysore. He has deposed that they

    have supplied imported marbles under multiple invoices

    amounting to ₹.1,74,19,474/-. The accused have made part

    payment of only ₹.89,07,842/- and a sum of ₹.85,11,632/- is

    outstanding due from the accused. He has deposed that said

    amount is legally enforceable debt/ liability payable by the

    accused to the complainant. He has deposed that they have

    maintained ledger account about the transactions with the

    accused. He has produced the web copy of the ledger account

    as Ex.P.3. The PW 1 has further deposed that towards partial

    discharge of said sum, the accused issued the following cheques

    all drawn on Karnataka Bank Ltd, Murphy Town Branch,

    Bengaluru in favour of the complainant.

    1. Cheque bearing No.742094 dated 01.12.2023 for
    ₹.12,55,086/-

    2. Cheque bearing No.742252 dated 05.12.2023 for

    ₹.11,00,000/-

    3. Cheque bearing No.742253 dated 05.12.2023 for

    ₹.12,00,000/-

    The complainant has produced said cheques as Ex.P.4 to Ex.P6.

    The PW 1 has further deposed that the complainant presented
    11
    C.C.No.8405/2024

    said cheques through their banker i.e. State Bank Of India,

    Electronic City Branch, Bangalore and he Cheque bearing

    No.742094 dated 01.12.2023 returned dishonored for the

    reason “Funds Insufficient” on 05.12.2023 and Cheque

    bearing No.742252 dated 05.02.2023 and Cheque bearing

    No.742253 dated 05.12.2023 returned dishonored for the

    reason “Payment stopped by drawer” on 07-12-2023. Said bank

    endorsements are produced as Ex.P.7 to Ex.P.9. The PW 1 has

    further deposed they have issued legal notice dated 22.12.2023

    to the accused no. 1 to 3 demanding to pay the amount covered

    under above said three cheques to their address at Bangalore

    and Mysore. The PW1 has produced the office copy of legal

    notice as Ex.P 10 and the postal receipts for transmitting the

    notice as Es.P 11. The PW 1 has deposed that the notice issued

    to the accused no. 1 at Mysore address is duly served on

    26.12.2023. The PW 1 has produced the postal acknowledgment

    as Ex.P 12. The PW 1 has deposed that the notice issued to the

    address of accused no. 2 and 3 at Mysuru and Bengaluru

    returned with postal endorsement ‘unclaimed’. He has deposed

    that the accused no. 2 and 3 have want only not claimed the

    notice knowing contents of the same. The PW 1 has deposed

    that inspite of receipt of legal notice the accused failed to

    make payments.

    12

    C.C.No.8405/2024

    13. Now it is proper to consider where the complainant has

    complied all the statutory requirements for commission of

    offence under Section 138 of Negotiable Instruments Act. The

    essential ingredients of section 138 and 142 of Negotiable

    Instruments Act to be complied are i) drawing of the cheque by

    the accused ii) presentation of the cheque to the bank with in

    the period of three months, iii) returning of the cheque unpaid

    by the drawee bank iv) giving notice in writing to the drawer of

    the cheque demanding of the payment of cheque amount with

    in the period of 30 days, v) failure of the drawer to make

    payment within the period of 15 days after receipt of the

    demand notice and v) Presentation of the complaint within a

    month by the complainant after expiry of 15 days of service of

    notice to the accused. Therefore it is proper to consider

    whether the statutory requirements for constituting the offence

    under Section 138 of Negotiable Instruments Act is complied by

    the complainant.

    14. The cheques were dated 01.12.2023 and 05.12.2023 and

    said cheques were dishonoured on its presentation on

    05.12.2023 and 07.12.2023 for the reason “Funds Insufficient”

    and “Payment stopped by drawer”. The demand notice is issued

    on 22.12.2023. It is duly served to accused no. 1 on
    13
    C.C.No.8405/2024

    26.12.2023 and notice to accused no. 2 and 3 returned with

    endorsement unclaimed on 01-01-2024. Therefore the cause of

    action arose for prosecution of the accused on failure of the

    accused to comply the demands in the notice with in 15 days of

    service of notice on 11-01-2024. The complaint is filed before

    this court on 06-02-2024 with in the statutory period. Thus the

    complainant has complied all the statutory requirements under

    Section 138 and 142 of Negotiable Instruments Act.

    15. The accused has admitted that the Ex.P 4 to 6 cheques were

    drawn from the account of the accused no.1. It is also admitted

    that accused no. 2 has affixed his signature to Ex.P 4 to 6

    cheques representing the accused no. 1 company. The accused

    has also not disputed that the cheques Ex.P 4 to 6 were issued

    to the complainant, but they contended that said cheques were

    issued for security and not for payment of amount. As provided

    under Section 146 of Negotiable Instruments Act, law presumes

    that on production of bankers slip or memo having thereon the

    official mark denoting that the cheque has been dishonored,

    presume the fact of dishonor of such cheque, unless and until

    same is disproved. The accused have not disputed presentation

    of the cheques for collection and dishonour of the same for the

    reasons stated in Ex.P 7 to 9.

    14

    C.C.No.8405/2024

    16. The accused has not disputed service of the demand notice

    on accused no. 1 company. But they have disputed service of

    the notice to accused no. 2 and 3. The DW1 in the cross-

    examination has admitted that he is presently residing at No. 6

    Mamata Farm, Gadige Main Road, Mysuru. He has admitted

    that as per his Aadhar card his address is at Bangalore. The

    DW2 witness of the accused has deposed that the accused no. 2

    is having his house at Nagavara Palya, C.V. Raman nagar,

    Bangalore. Thus the DW1 and DW2 have admitted their address

    mentioned in Exhibit P10 demand notice. Therefore it is clear

    that the demand notice is issued to the correct address of

    accused no. 2 and 3 and they have intentionally got it returned

    with endorsement unclaimed. As provided under Section 27 of

    General Clauses Act, if the notice is sent to the correct address,

    it is sufficient service of notice and burden is on the accused to

    show that the notice is not served on him. But the accused has

    not brought on record any evidence to prove that notice is not

    served on them and the postal endorsement is incorrect.

    Therefore, it is clear that the notice is duly served on the

    accused on 26-12-2023.

    17. Thus complainant has complied all the statutory

    requirements for constitution of offence under Section 138 of
    15
    C.C.No.8405/2024

    Negotiable Instruments Act. The accused has admitted that the

    Ex.P 4 to 6 cheques were drawn from the account of the

    accused no.1. It is also admitted that accused no. 2 has affixed

    his signature to Ex.P 4 to 6 cheques representing the accused

    no. 1 company. He has also admitted issuance of cheque to the

    complainant. The service of demand notice is also established

    by the complainant. Therefore the complainant has discharged

    his initial burden. Therefore, the complainant is entitled for

    presumption under Section 118 and 139 of Negotiable

    Instrument Act. The provisions of Section 118 provides for

    presumption as to negotiable Instruments which reads as

    follows –

    118- Presumptions as to negotiable Instruments –
    Until the contrary is proved, the following
    presumptions 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, indorsed, negotiated or
    transferred, was accepted, indorsed, negotiated or
    transferred, was accepted, indorsed, negotiated or
    transferred for consideration; (b) as to date – that
    every negotiable instrument bearing a date was made
    or drawn on such date; (c) ………………
    The provisions of Section 139 of Negotiable Instrument Act

    reads as under:-

    16

    C.C.No.8405/2024

    139- Presumption in favour of holder – It should be

    presumed, unless the contrary is proved, that the

    holder of a cheque received the cheque, of the nature

    referred to in section 138 for the discharge, in whole

    or in part, of any debt or other liability.
    [

    18. In the decision relied by both the parties, reported in (2010)

    11 SCC 411 between Rangappa V/s Sri Mohan Hon’ble

    Supreme court has held that –

    The presumption mandated by Section 139 of the act
    does indeed include the existence of a legally
    enforceable debt or liability.

    It is also observed that

    Section 139 of the Act is an example of a reverse
    onus clause that has been included in furtherance of
    the legislative objective of improving the credibility of
    negotiable instrument. It is also held that in such a
    scenario, the test of proportionality should guide the
    construction and interpretation of reverse onus
    clauses and the defendant caused cannot be
    expected to discharge an unduly high slandered or
    proof.

    Therefore, in view of the principles laid down in the decision the

    onus is on the accused to rebut the presumption under 139 of

    Negotiable Instruments Act.

    17

    C.C.No.8405/2024

    19. In this case, the accused has admitted that the accused no.

    2 and 3 are the directors of accused no. 1 company and the

    accused no. 1 company is incorporated under Companies Act.

    The accused have also admitted that they have undertaken

    construction project at Mysuru. They have also admitted that

    they have approached the complainant for purchase of marbles

    and accordingly the complainant has supplied the marbles to the

    construction site of the accused at Mysuru.

    [ 20. In this case, the accused has not taken any defence while

    the complainant has issued the demand notice as per Exhibit

    P10. There is no written communication with the complainant by

    the accused disclosing his defence at the earliest point of time. It

    is also admitted fact that there is no written agreement between

    the parties about the terms of transactions and mode of payment

    etc. Therefore, The defence of the accused for the first time

    disclosed in the cross-examination of PW1.

    [[[ 21. The defence of the accused is that the marbles supplied by

    the complainant are defective and substandard. The ledger’s

    statement produced by the complainant as Exhibit P 3 is not

    accepted, acknowledged, and concurred by the accused. The

    ledger statement is not verified and authenticated by the auditor

    or third party. The payment made by the accused is not
    18
    C.C.No.8405/2024

    accounted in the ledger’s statement. The complainant has not

    produced the invoices, vouchers, receipts supporting Exhibit P3

    ledger statement. Therefore, the ledger statement cannot be

    taken into consideration as a valid document showing existence

    of liability. The accused has issued the cheques Exhibit P4 to

    Exhibit P6 for the purpose of security and the complainant has

    misused said cheques without prior intimation to the accused

    about presentation of the cheques and without any instructions

    from the accused to present such cheques for collection. The

    accused has also relied on the contradictions in the statements

    of PW1 for rebuttal of the presumption under Section 139 of

    Negotiable Instruments Act. Exhibit D1 is the reminder letter

    sent by the complainant to the accused dated 29.05.2023. The

    date of the cheques Exhibit P4 to Exhibit P6 mentioned in the

    cheques differs from the dates mentioned in Exhibit D1.

    Therefore, the case of the complainant is doubtful and it is

    sufficient to create doubt about the case of the complainant. The

    accused has also taken the defence that the complainant has

    filed parallel proceedings before Commercial Court for recovery of

    money allegedly due under the same transaction. Therefore, this

    proceeding is not sustainable.

    19

    C.C.No.8405/2024

    22. Therefore, it is necessary to consider the defence taken by

    the accused one after another. The primary defence of the

    accused is that the marble supplied by the accused is sub-

    standard and defective marbles. The PW1 has categorically

    denied the suggestions of accused that the marbles supplied are

    defective marbles. Nothing has been elicited from the mouth of

    PW1 to substantiate the defence that the marbles supplied are

    defective.

    23. The accused himself examined as DW1 and in his evidence

    he has stated that the complainant has supplied defective

    marbles and making false claim for the amount. He has stated

    that the material supplied by the complainant is used in some of

    the villas of the project and the owners of the villa are now

    making claim against him for using defective material in

    construction. When he inquired with the complainant, they have

    assured to replace the materials, but they have not replaced till

    now. The DW1, to substantiate his defence, has produced the

    photographs of the marbles laid in the villas as Exhibit D2 to

    Exhibit D10. He has taken the contention that said photographs

    are relied upon while passing the orders on application under

    Section 143A of Negotiable Instruments Act and the complainant

    has not objected to the said photographs at the stage of
    20
    C.C.No.8405/2024

    production and the complainant has waived his right to object.

    Anything relied by the court at the time of passing interim orders

    is Prima facie reliance on the face of documents and said

    documents not tested in evidence by way of cross-examination.

    Now said photographs are brought on record as evidence and it

    is tested by cross examination. Therefore the contention of the

    accused that the complainant has wived his right to object the

    documents cannot be sustained.

    24. The complainant has denied that said photographs are

    obtained in the spot. It is suggested that said photographs are

    obtained at Bangalore. It is admitted fact that in Exhibit D2 to

    D10 photographs, the location is not printed. Therefore there is

    no evidence to authenticate that the photographs produced by

    the accused as Exhibit D2 to Exhibit D10 are of the same

    marbles supplied by the complainant to the accused. Further

    more by seeing the Ex. D 2 to 10 photographs no one can decide

    that the marbles were defective or not. The DW2 employee of the

    accused in his evidence deposed that some of the marbles

    supplied by the complaint company are found as defective when

    it is laid in the villas and at the time of polishing. Thus it is

    admitted fact by the accused that they have laid the marbles in

    the villas. The Dw 2 has also deposed that the defective marbles
    21
    C.C.No.8405/2024

    were laid in Villa no.2, 3, 12 and 47. The DW2 in the cross-

    examination has deposed that the defect in the marbles is not

    that of unwanted lines in the marbles, but at the time of

    polishing, the marbles are chipping like sand. But to

    substantiate said facts, there is no evidence brought on record

    by the accused. The accused has not put such suggestions to

    PW1 that marbles are found defective at the time of polishing

    and it is chipping like sand. The DW1 also, in his cross-

    examination, has not deposed these facts stated by DW2. Thus

    for the first time in the evidence of DW2 the accused has

    explained how the marbles are defective. Till the evidence of DW1

    the accused has only stated that marbles are defective but how it

    is defective has not been stated. The accused and DW2 have

    deposed that they have visited to the place of complainant and

    informed the complainant about the defective marbles. They

    have also deposed that the complainant has assured that they

    will replace the defective marbles. The DW2 in his cross-

    examination has deposed that the accused has replaced some of

    the marbles at his own cost. The purchasers are making claim

    against the accused for laying defective marbles in the villa. But

    to substantiate these contentions the accused has not produced

    any material before this court. Whether Villa No. 2, 3, 12 and 47

    to which the alleged defective marbles were laid are sold or not.
    22

    C.C.No.8405/2024

    The accused has also not produced any prima facie material to

    show that the purchasers of the villa have made the claim

    against the accused for laying defective marbles or such villas

    were remained unsold due to laying of defective marbles.

    Therefore, there is no evidence on record is placed by the

    accused to show that the alleged marbles supplied by the

    complainant were defective and due to the same he has suffered

    any loss.

    25. The accused has also admitted that he has not made any

    written communication to the complainant, complaining that the

    marbles supplied are defective or it is found defective at the time

    of polishing. Even when the demand notice is served on the

    accused no. 1, the accused has not taken this defence and

    issued any reply. The accused has also not taken any legal

    action against the complainant for supplying defective marbles

    before any of authorities under law.

    26. In the cross-examination of PW1, the accused has asked

    with the PW1 about the process held in mediation proceedings

    before DLSA and he has also questioned PW1 about the visit to

    the construction site of the accused during the process of

    mediation and about the Inspection report of the mediator and

    also about the acknowledgment of the complainant to replace the
    23
    C.C.No.8405/2024

    defective marbles. In this regard, the complainant has relied on

    the order of Hon’ble 60th Additional City Civil and Sessions

    Judge, Bangalore in Criminal Revision petition 231/2025 dated

    23.12.2025, wherein, the complainant has challenged the order

    passed by this Court under Section 143A of Negotiable

    Instruments Act. In the said decision, it is observed that the

    proceedings before mediation cannot be relied upon as it is

    against the confidentiality shield provided under mediation

    proceedings. Therefore this portion of cross-examination by the

    accused, cannot be looked into.

    27. Therefore, upon considering above discussion, this Court is

    of the considered view that the defence taken by the accused

    that the complainant has supplied defective marbles is not

    established by the accused with probable evidence. The evidence

    placed by the accused such as the photographs does not prove

    that the marbles supplied by the complainant are defective. The

    evidence of DW1 and DW2 is their self-serving statements. The

    oral evidence of DW 1 and 2 is not supported with documentary

    evidence or by admissions of PW1. The PW1 has specifically

    denied that the marbles supplied to the accused were defective.

    The accused has not taken any positive steps by issuing notice

    or by taking any action against the complainant for supply of
    24
    C.C.No.8405/2024

    defective marbles at the initial stage which is expected from a

    prudent man. Therefore, this defence of the accused cannot be

    considered as a probable defence for rebuttal of the presumption

    under Section 139 of Negotiable Instruments Act.

    28. Another defence taken by the accused is that the

    complainant has not produced the invoice, voucher and receipts

    in respect of the marbles supplied to the accused. The

    complainant has also not produced authenticated,

    acknowledged, recognized and mutually agreed statement of

    accounts before this Court. The Exhibit P3 statement of

    accounts produced by the complainant is not acknowledged,

    authenticated or concurred by the accused. Therefore, the said

    statement of account cannot be taken into consideration for

    proving existence of legally recoverable debt. The PW1 has also

    admitted that there is no document to show that the accused

    has accepted the statement of accounts or concurred with the

    statement of accounts produced as Exhibit P3. The accused has

    also made the suggestion to PW1 that the payments made by the

    accused is not reflected in Exhibit P3. The DW1 in his evidence

    also deposed that Exhibit P3 statement of accounts is not

    accepted by him. Therefore, there is no document to show

    existence of legally recoverable debt payable by the accused to
    25
    C.C.No.8405/2024

    the complainant. Learned counsel for the complainant during

    the course of arguments has submitted that the accused has

    admitted purchase of marbles from the complainant. He has also

    admitted supply of marbles by the complainant to the accused at

    the spot of the construction. The accused is also a company

    registered under Companies Act and it is bound to maintain

    accounts in respect of its transactions. He has submitted that

    there is no acknowledgment of the outstanding amount by the

    accused. But the accused has not brought on record any

    evidence to show how the statement of accounts is not correct.

    The accused has not disputed any specific entry in Exhibit P3

    statement of accounts. The accused has not taken any specific

    stand that any of the invoices referred in Exhibit P3 is not

    delivered to him or not raised against the accused. He has also

    not brought on any record to doubt the credit and debit entry in

    the statement of accounts. Thus to doubt the entries in Exhibit

    P3 statement of accounts the accused has not brought any

    record before this court. Having appreciated the evidence on

    record, the accused has only denied that statement of accounts

    Exhibit P3 as it is not correct. He has also contented that the

    accused has not accepted, acknowledged or concurred with the

    statement of accounts produced by the complainant. But as

    submitted by the learned counsel for the complainant, the
    26
    C.C.No.8405/2024

    accused has not disputed any of the entries made in the Exhibit

    P3 statement of accounts. He has not disputed any of the

    invoices referred in Exhibit P3. He has not disputed any specific

    amount made on specific date is not reflected in Exhibit P3

    statement of accounts. Therefore mere denial of the statement of

    accounts is not sufficient to doubt the correctness of Exhibit P3

    statement of accounts. The accused being the company

    incorporated under the Companies Act and having responsibility

    of maintaining the accounts for its transactions has not

    produced any material before this court contrary to the

    statement of account produced by the complainant. Therefore,

    the contention of the accused that Statement of Accounts

    Exhibit P3 cannot be relied upon cannot be accepted. The

    accused has not brought on record any probable evidence to

    doubt the correctness of entries in Ex.P 3 ledger account.

    29. Another set of defence of the accused is that in Exhibit D1,

    reminder letter issued by the complainant to the accused has

    mentioned different cheque dates. The Exhibit P4 is bearing

    Cheque No.742094 dated 01.12.2023 for a sum of ₹

    12,55,086/-. But in Exhibit D1 the complainant has stated the

    date of the cheque as 31.05.2023. Exhibit P5 is the cheque

    bearing number 742252 for a sum of ₹ 11,00,000/- dated
    27
    C.C.No.8405/2024

    05.12.2023. But in Exhibit D1 it is stated that said cheque is

    due in the month of June 2023. Exhibit D6 cheque is bearing

    number 742253 for a sum of ₹ 12,00,000/- dated 05.12.2023.

    But in Exhibit D1, it is stated that said cheque is due in the

    month of June 2023. The PW1 in the cross-examination has

    admitted issuance of Exhibit D1 letter to the accused from the

    complainant company. He has also admitted contents of the said

    letter. With regard to the discrepancy about the date of the

    cheque, he has stated that due to typographical error, the date is

    wrongly mentioned in the letter. In the cross examination, he has

    admitted that they are bound by Exhibit D1 letter issued to the

    accused. The learned counsel for the complainant during the

    course of arguments has admitted that it is true that the date

    mentioned in Exhibit D1 letter with reference to Exhibit P4 to

    Exhibit P6 cheques is different. But PW1 has deposed that the

    said mistake is due to typographical error. Learned counsel for

    the complainant has submitted that in Exhibit P4 to Exhibit P6

    cheques there is no overwriting, there is no correction of date. It

    is not the case of the accused that the cheques are altered by the

    complainant. Complainant has also submitted that this letter is

    produced by the complainant himself before the Commercial

    Court in a commercial suit filed against the accused.
    28

    C.C.No.8405/2024

    30. Now it is proper to consider whether this letter will

    sufficient to create reasonable doubt about the truthfulness of

    the case pleaded by the complainant and issuance of cheques

    by the accused towards repayment of existing legally recoverable

    debt and about existence of legally recoverable debt. On perusal

    of Exhibit P4 to Exhibit P6 cheques, there is no alteration in the

    cheques. There is no overriding of the date in the cheques. It is

    not the case of the accused that the cheques are altered. The

    accused has taken the defence that he has issued Exhibit P4 to

    Exhibit P6 cheques for the purpose of security. Nowhere in the

    cross-examination of PW1 or in the evidence of the accused as

    DW1, he has not denied the contents of the cheques. The

    accused has not taken any contention that he has issued blank

    signed cheque to the complainant and the complainant himself

    filled the contents of the cheque. In the cross-examination of

    PW1, the accused even not made any suggestion to PW1

    denying issuance of cheques towards repayment of existing

    debt. No suggestion is made to PW1 that cheques are issued for

    the purpose of security. It is only in the evidence of the accused

    as DW1, for the first time, the accused has taken the contention

    that the cheques are issued for the purpose of security. In the

    evidence, the accused has only stated that Exhibit P4 to Exhibit

    P6 are issued to the complainant towards security deposit and
    29
    C.C.No.8405/2024

    not for encashment. Thus the accused has not denied the

    contents of Exhibit P4 to Exhibit P6 cheques and he has not

    denied issuance of cheques to the complainant. For these

    reasons, the contention of the accused that cheques are issued

    for the purpose of security and not for the purpose of

    encashment cannot be accepted, As there is no correction or

    overriding or alteration in the date of the cheques, only for the

    reason that in Exhibit D1 reminder letter the date of the cheque

    is wrongly mentioned, will not create a doubt about issuance of

    the said chequex or will not create a doubt about the existence

    of debt.

    31. The accused has also taken the contention that there is

    discrepancy in the outstanding amount mentioned in Exhibit P3

    statement of accounts and Exhibit D1 reminder letter. In

    Exhibit D1 reminder letter the outstanding amount is

    mentioned as ₹ 95,83,639/- on 29.05.2023. But in Exhibit P3,

    the outstanding amount is mentioned as ₹ 85,11,631/-. For this

    PW1 has stated that after Exhibit D1 letter on 14.07.2023 the

    accused has made payment of ₹ 10,00,000/-. Therefore there is

    discrepancy in the outstanding amount. It is pertinent to note

    that in this case the cheque amount is for ₹ 35,55,086/-.

    Therefore the court is required to consider whether there is
    30
    C.C.No.8405/2024

    outstanding legally recoverable debt to the extent of the cheque

    amount. Considering Exhibit P3 and Exhibit D1, the

    outstanding amount is much more than the cheque amount.

    Therefore, minor discrepancy in the amount mentioned in the

    statement of accounts and Exhibit D1 letter will not create a

    reasonable doubt about the existence of the outstanding

    amount to the extent of the cheque amount. The court is not

    concerned about other dues under the statement of accounts

    than the amount covered under the cheque.

    32. Learned counsel for the accused during the course of

    arguments has relied on the decision of Hon’ble Supreme Court

    in Dashrathbhai v. Hitesh Mahendrabhai Patel reported in 2022

    Live law SC 830, Indus Airways Pvt. Ltd. v. Magnum Aviation

    Pvt. Ltd. reported in 2014 12 SCC 539, Kumar Exports v.

    Sharma Carpets reported in 2009 2 SCC 513, Bir Singh v.

    Mukesh Kumar reported in 2019 4 SCC 197, Basalingappa v.

    Modi Basappa reported in 2019 5 SCC 418, Shivamoorthy v.

    Amruthraj reported in ILR 2008 Karnataka 4629, Vardhineedi,

    Shi Ramanjanelu v. Yeeda Sasibhushan and another reported in

    2025 SCC Online AP 1801, Rangappa v. Mohan reported in 2010

    11 SCC 441, Ashok Gaur v. State of NCT of Delhi in Criminal

    Appeal No. 560 bar 2020 of Hon’ble High Court of Delhi, Sujal
    31
    C.C.No.8405/2024

    Guha v. Amal Krishna Paul in C.R.A.741 by 2012 of Hon’ble

    High Court of Calcutta, N Vijay Kumar v. Vishwanath Rao in

    Criminal Appeal No. 5305 by 2024 of Hon’ble Supreme Court.

    Learned counsel for the complaint has relied on the decision of

    Hon’ble Supreme Court in Sreepathi Singh since deceased

    through his son Gaurav Singh v. State of Jharkhand and

    Another reported in 2022 18 SCC 614. Kalamani tex and

    another v. P. Balasubramanian reported in 2021 5 SCC 283. I

    have gone through the principles laid down in all these decisions

    and taken into consideration while appreciating the evidence on

    record.

    33. Therefore, upon considering entire evidence on record, this

    Court is of the considered view that the defence taken by the

    accused is not established before this Court with probable

    evidence by applying the principles of preponderance of

    probabilities. Till the accused is able to rebut the presumption

    under law, the complainant cannot be expected to prove

    existence of legally recoverable debt by producing cogent

    evidence such as invoices, receipts and vouchers. The

    presumption under Section 139 of NI Act is statutory

    presumption and the court is bound to consider the

    presumption in favour of the complainant. Only when the
    32
    C.C.No.8405/2024

    accused is able to rebut the presumption by producing probable

    evidence, then only the complainant is expected to prove the

    existence of legally recoverable debt by producing cogent and

    convincing evidence beyond reasonable doubt. As discussed

    above, in this case, the defence taken by the accused does not

    inspire the confidence of the court to that of a prudent man,

    that existence of debt is not probable. Therefore this Court

    concludes that the accused has failed to report the presumption

    under Section 118 and 139 of Negotiable Instruments Act.

    Therefore the complainant with the aid of the presumption

    under Section 139 of Negotiable Instruments Act proved

    existence of legally recoverable debt and issuance of cheque in

    question towards discharge of said debt. Therefore the

    complaint is entitled for the relief claimed and the accused is

    liable for conviction. Therefore this Court answers the above

    point number 1 in the affirmative.

    34. POINT NO. 2 : While answering the point no. 1 this court

    concluded that the complainant proved that the accused

    committed the offence punishable under Section 138 of

    Negotiable Instruments Act. The Amount covered under the

    cheques is ₹ 35,55,086/-. The cheques issued by the accused

    are dated 01.12.2023 and 05.12.2023. The money involved in
    33
    C.C.No.8405/2024

    the case is used in commercial transactions. Therefore, the fine

    amount is calculated for a sum of ₹.43,11,655/-

    35. The Ho’ble High Court of Karnataka in the reportable

    decision in CRL.RP No. 996 of 2016 dated 09-07-2025 between

    M/s Banavathy and Company VS Mahaveer Electro Mech (P)

    Ltd at para 21 has held that –

    21. In case lesser interest is awarded and only
    default sentence is imposed, the rigor of offence
    under Section 138 will be diluted and thereby the
    object of the Statute will be defeated. If recovery and
    compensatory part is not taken care of while
    determining the quantum of sentence and
    appropriate interest is not awarded, until the date of
    recovery of the entire amount, the complainant will
    be forced to file civil suit on the same subject matter.
    In view of Section 143(3) the trial for offence under
    Section 138 of N.I.Act has to be completed within six
    months. If the said provision is not adhered to and
    the trial for the offence under Section 138 of N.I.Act
    takes 4 to 5 years, in the mean time, the claim of the
    complainant for recovery of the cheque amount by
    filing civil suit becomes barred by limitation. Not
    only that the accused who is convicted for offence
    under Section 138 of N.I.Act challenges the same
    before the Sessions Court wherein the matter takes
    2 to 3 years. The accused unsuccessful in the said
    appeal prefers revision petition before the High
    Court and it is seen that the disposal of revision
    takes more than 5 years. After all this if the
    complainant has to receive the fine/compensation as
    awarded by the trial Court, if it is cheque amount or
    little higher than the cheque amount, he will be at
    loss and put to injustice. Therefore, while passing
    the order of sentence after determining the
    34
    C.C.No.8405/2024

    fine/compensation, the Court shall also pass an
    order to pay future interest @ 9% p.a. on the
    compensation amount payable to the complainant
    by fixing time of one/two months to deposit
    compensation amount so that even if the matter is
    challenged before the Sessions Court in appeal and
    High Court in revision the interest of the
    complainant will be protected.

    In view of the directions issued in the above refereed judgment,

    it is also proper to direct the accused to pay future interest on

    the fine amount at the rate of 9 % P.A. till payment. Therefore

    considering all these aspects this court proceed to pass the

    following –

    ORDER

    By exercising powers conferred U/sec.255(2) of Cr.P.C.,

    the accused Nos.1 to 3 are convicted for the offence punishable

    under Section 138 of Negotiable Instrument Act and he is

    sentenced to pay a fine of ₹.43,11,655/- (Rupees Forty Three

    Lakhs Eleven Thousand Six Hundred and Fifty Five Only) with

    in a month and in default, pay interest at the rate of 9% from

    this day till payment of fine amount, and in default to pay the

    fine, the accused No.2 and 3 shall undergo simple

    imprisonment of one year.

    35

    C.C.No.8405/2024

    Further acting U/s 357(1)(a) of Cr.P.C. out of the fine

    amount a sum of ₹.10,000/-(Rupees Ten Thousand only) shall

    be defrayed as prosecution expenses to the state.

    Further acting U/s 357(1)(b) of Cr.P.C. a sum of

    ₹.43,01,655/- (Rupees Forty Three Lakhs One Thousand Six

    Hundred and Fifty Five Only) and interest out of the fine

    amount on recovery shall be paid as compensation to the

    complainant.

    Supply free copy of the judgment to the accused.

    (Partly dictated to the Stenographer directly on the computer, typed by her,
    partially dictated to Adalath Ai computer application, transcribed by it,
    corrected and signed then pronounced by me in the open court on this the
    6th day of April 2026).

    (GOKULA.K)
    XXV A.C.J.M., BANGALORE CITY.

    ANNEXURE

    LIST OF WITNESSES EXAMINED FOR THE COMPLAINANT:

    PW.1 : Pradeep Sodani

    LIST OF DOCUMENTS MARKED FOR THE COMPLAINANT:

    Ex.P1         :      Web Copy of the Certificate of
                         Incorporation
    Ex.P2         :      Board Resolution
    Ex.P3         :      Web Copy of ledger account
                                36
                                                 C.C.No.8405/2024
    
    Ex.P4-6   :   Cheques
    Ex.P7-9   :   Bank Endorsements
    Ex.P10    :   Office copy of Legal Notice.
    Ex.P11    :   Postal receipts
    Ex.P12    :   Postal acknowledgment
    Ex.P13-17 :   Postal envelopes
    
    
    

    LIST OF WITNESSES EXAMINED FOR THE ACCUSED:

    DW.1      :   K.Srinivasan
    DW.2      :   Ninad.P.K.
    
    LIST OF DOCUMENTS MARKED FOR THE ACCUSED:
    
    Ex.D1     :   Xerox copies of email communication and
                  letter
    Ex.D2-D10 :   Photographs
    
    
    
    
                                      (GOKULA.K.)
                            XXV A.C.J.M., BANGALORE CITY.
     



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