Narayan Namdev Kolekar vs Kariyapa Rudrappa Metri on 8 July, 2026

    0
    6
    ADVERTISEMENT

    Bangalore District Court

    Narayan Namdev Kolekar vs Kariyapa Rudrappa Metri on 8 July, 2026

    KABC030869952022
    
    
    
    
                              Presented on : 29-11-2022
                              Registered on : 29-11-2022
                              Decided on    : 08-07-2026
                              Duration      : 3 years, 7 months, 9 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.36991/2022
                   Dated: the 08th day of July, 2026
    
    Complainant :-       Sri.Narayan Namdev Kolekar,
                         Residing at 15th Cross,
                         4th Main, Manasa Layout,
                         Kengeri Upanagar,
                         Near Holy Church School,
                         Bengaluru-560060.
    
                        (By Sri.Hamsa.G., Advocate)
    
    
                         -V/s -
    Accused   :-         Sri.Kariyappa Rudrappa Metri,
                         House No.26, KHB Colony,
                         Shanthi Nagara, B.K. Halli Road,
                         Behind APMC Yard,
                         Haliyal, Karwar District,
                         Uttar Kannada-581329.
    
    
                        (By Sri.Balareddy.R., Advocate)
                                     2
    
                                                     C.C.No.36991/2022
    
    
    
    
    Offences complained of        U/s 138 of Negotiable Instruments Act.
    
    Plea of the Accused           Not Pleaded guilty.
    Final Order                   Accused is Acquitted
    Date of Order                 08.07.2026.
                                                         Digitally signed
                                                ASHA     by ASHA K S
                                                         Date:
                                                KS       2026.07.08
                                                         17:28:40 +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 case of the complainant in brief is as under:-

    SPONSORED

    “The accused and the complainant are known to each
    other from several years. In the year 2021 the accused had
    approached the complainant for financial assistance for his
    legal necessities. The complainant also believed and paid
    Rs.10 lakhs through RTGS. The accused has assured to
    repay the said amount within one year. When the
    complainant has demanded for repayment, the accused has
    issued two Cheques bearing No. 386835 for Rs.5,00,000/-
    and another cheque bearing No.386836 for sum of Rs.
    6,57,500/-. Both Cheques drawn on Canara Bank,
    Sambrani branch, On presentation of said cheques by the
    3

    C.C.No.36991/2022

    complainant through his banker ICICI Bank, Kengeri
    branch, Bengaluru, the said cheques have been returned for
    the reason “Stopped in Clearing” on 11.07.2022.

    3. Thereafter the complainant has issued legal
    notice to the accused on 16.07.2022 and same has been
    served. Thereafter the accused has not chosen to issue reply
    notice.

    4. 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.

    5. In order to prove his case complainant has
    examined himself as PW.1 and got marked 11 documents
    at Ex.P.1 to 11 on behalf of the complainant. After closure of
    complainant evidence, accused has been examined as
    under section 313 of Cr.P.C and opted to lead evidence.
    Accused has been examined as DW-1 and got marked
    Ex.D.1 and D.2.

    6. Thereafter arguments heard and perused the
    Record.

    7. The following points arise for my determination: –

    4

    C.C.No.36991/2022

    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?

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

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

    REASONS

    09. It is the case of complainant is that the accused
    and complainant are known to each other. The accused had
    borrowed amount of Rs.10,00,000/- from the complainant.
    To discharge the said liability, the accused had issued
    cheques. On presentation of said cheques have been
    returned for the reasons “Stopped in Clearing”.

    10. 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
    debt or other liability which pre-supposes a
    legally enforceable debt.

    5

    C.C.No.36991/2022

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

    11. 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.

    12. 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”.

    13. 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”.

    14. 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.

    6

    C.C.No.36991/2022

    15. To prove his case, the complainant has examined
    himself as PW-1 and produced 11 documents and same has
    been marked as Ex.P.1 to P.11. The cheques as per Ex.P.1
    and P.2 signatures thereon as per Ex.P.1(a) and P.2(a).
    Bank memos as per Ex.P.3 and P.4. Legal Notices as per
    Ex.P.5 and P.6. Postal Receipts as per Ex.P.7 and P.8.
    Acknowledgments as per Ex.P.9 & P.10 and Reply as per
    Ex.P.11.

    16. In the cross-examination of PW-1, he has deposed
    that he was working in TCS company as an Engineer from
    18 years and getting Rs.1 lakh salary per month. In the year
    2021, he was getting Rs.65,000/- to Rs.70,000/- salary per
    month. He is residing in rented house. He is a tax payer. In
    the month of January 2021, accused has sought financial
    assistance of Rs.11,57,500/-. He paid through account Rs.5
    lakhs on 28.01.2021, Rs.4,64,000/- on 29.01.2021,
    Rs.35,000/- on 16.01.2021. He paid Rs.1,57,500/- on
    30.01.2021 by way of cash. He has produced his bank
    statement. He has not obtained any documents from the
    accused on the date of alleged payment on various dates.

    17. He further deposed that his wife and accused
    were doing business of distribution of Indane gas and there
    was a partnership deed dated 10.03.2021 between them.
    He also signed to Ex.D.1 as witness. He does not know the
    terms of Ex.D.1 partnership deed. He denied the suggestion
    7

    C.C.No.36991/2022

    that he has transferred Rs.9,57,000/- to the accused as
    capital amount of business between the accused and his
    wife. He has also denied the suggestion that he has misused
    the cheques kept in the office by the accused.

    18. The accused has denied the case of complainant
    and to prove his defence he has examined as DW-1. He has
    deposed that he knows the complainant and he never
    issued cheque to the complainant. The wife of complainant
    has requested that her husband is willing to join
    distribution of Indane gas business. On that time wife of
    complainant has informed that her husband will invest
    Rs.11 lakhs and thereafter he and wife of complainant were
    entered into partnership deed. Thereafter the complainant
    has transferred amount of Rs.9,50,000/- as a capital
    amount of business to his account. Due to Covid Pandemic
    period there was a huge loss in the said business.
    Thereafter the complainant and his wife were requested for
    return of their capital amount. Later the complainant has
    taken his signed cheques in the office and misused the
    same. In support of his case he has produced two
    documents and same has been marked as Ex.D.1 and D.2.
    Ex.D.1 is the certificate of Registration of Firm and Ex.D.2
    is bank statement.

    19. In the cross-examination of DW-1, he has
    deposed that he knows the complainant from several years.

    8

    C.C.No.36991/2022

    He is working in Babu Indian Grameena Vitharak. He was
    getting Rs.74 as commission per one cylinder. The
    complainant was also looking after the said business on
    behalf of his wife. His account was in Syndicate Bank and
    now merged with Canara Bank. Ex.P.1 and P.2 cheques and
    signatures belongs to him. He knows the bank transaction.
    Till today he has not filed any complaint against the
    complainant for alleged misuse of his cheques. From 2021
    to 2025 there were many workers in that office. As per
    Ex.D.2 there is no entry with regard to payment of
    Rs.95,000/- by him. He denied other suggestions.

    20. As per complainant he had paid Rs.10 lakhs to
    the accused through RTGS and during the evidence,
    complainant has deposed that he paid Rs.11,57,500/- to
    the accused. To discharge the said liability, the accused had
    issued cheques. There is no dispute in relationship between
    the parties ie., both are known to each other from many
    years. Admittedly cheques and signatures belongs to the
    accused but there is a dispute in issuance of cheques. The
    accused has denied the issuance of cheques. He has taken
    contention that he had kept his cheques in the office and
    the complainant has taken those cheques without
    knowledge of the accused and misused the same. 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
    9

    C.C.No.36991/2022

    Sec.138, for the discharge, in whole or in part or any debt or
    other liability”. Here the question is, whether accused has
    proved his defence or not. Mere taking defence is not
    sufficient but, the party who takes specific defence has to
    prove his contention with relevant documents or evidence.
    The complainant has produced cheque, bank memos, notice
    to show that cheque has been returned for the reason
    “Stopped in Clearing” and thereafter he has demanded the
    accused for repayment by issuing notice.

    21. In this case the accused has denied the issuance
    of cheques and also transaction. He has taken contention
    that he had kept his cheques in the office, the complainant
    has misused the same. It is further contended that his wife
    and complainant were doing business of Indane Gas
    distribution in the partnership and for that the complainant
    has paid amount of Rs.9,50,000/- as capital amount. When
    accused has taken this contention, the burden is on the
    accused to prove that aspect with relevant documents.
    There is no dispute in joint business between complainant
    and wife of accused. Ex.D.1 shows that the complainant
    and wife of accused were partners and both have invested
    equal amount in Indane gas agency. It shows that the
    complainant and wife of accused were doing business as per
    Ex.D.1.

    10

    C.C.No.36991/2022

    22. The initial burden is on the complainant to prove
    the transaction and parties to the case have to prove their
    case as per their pleadings. In the complaint and evidence
    the complainant has stated that he had paid Rs.10 lakhs to
    the accused as hand loan. In the cross-examination of PW-
    1, he has deposed that he had paid amount of
    Rs.11,57,500/- on various dates. He has also stated about
    the alleged date of payment ie., Rs.5 lakhs on 28.01.2021,
    Rs.4,64,000/- on 29.01.2021, Rs.35,000/- on 16.01.2021
    and Rs.1,57,500/- by way of cash. The complainant has not
    explained that why this dual contention with regard to
    transaction. There are two cheques and amount of those
    cheques are Rs.5 lakh and Rs.6,57,500/- totally
    Rs.11,57,500/-. Now the complainant has to explain that
    when he had paid amount to the accused and why he has
    not disclosed about the date of alleged payment in the
    complaint. The accused has raised defence that there was
    no transaction between the parties as alleged in the
    complaint. In such circumstances that complainant has to
    explain what was the actual transaction between the
    parties.

    23. To attract Section 138 of N.I.Act there should be
    legally recoverable debt and issuance of cheque. It is also
    necessary to cause notice to the accused with regard to
    dishonour of cheque. Now it is necessary to discuss that
    whether the complainant has fulfilled all the ingredients
    11

    C.C.No.36991/2022

    required to constitute offence punishable U/s.138 of N.I.Act
    or not. As discussed above the complainant has narrated in
    the complaint and deposed in the evidence that he had lent
    amount of Rs.10 lakhs to the accused and to discharge said
    liability the accused had issued two cheques in favour of
    complainant. The accused has denied these aspects and
    contended that his wife and complainant were doing
    business jointly. It probablizes that both parties are known
    to each other and there was a transaction between the
    parties.

    24. As per Accused the complainant has paid
    Rs.9,50,000/- as capital amount to the business. It
    probablizes that the transaction with respect to Indane Gas
    distribution transaction between the complainant and wife
    of the accused. Because, there is no document to show that
    the accused has borrowed amount from the complainant
    and it shows that there was a business between the wife of
    accused and complainant. Otherwise the complainant
    would have stated same version in the complaint and in his
    evidence. Here there is no such document to show that the
    accused has borrowed amount from the complainant.

    25. The complainant has not explained that why he
    has taken different version with regard to payment. During
    the cross-examination of PW-1 he has deposed that he had
    paid amount of Rs.5 lakhs on 28.01.2021, Rs.4,64,000/- on
    12

    C.C.No.36991/2022

    29.01.2021, Rs.35,000/- on 16.01.2021 through account
    and Rs.1,57,500/- by way of cash, totally Rs.11,56,500/-.
    As discussed above in the evidence PW-1 has deposed that
    he had paid Rs.11,57,500/- to the accused. In the
    complaint he has stated that he paid Rs.10 lakhs to the
    complainant. In the cheques amount shown as Rs.5 lakhs
    and Rs.6,57,500/- and total cheques amount is
    Rs.11,57,500/-. It creates serious doubt regarding
    transaction because in the complaint amount shown as
    Rs.10 lakhs but in the evidence it is shown Rs.11,57,500/-
    but in the cheques it it shown as Rs.11,57,500/-. It shows
    that the complainant has no clarity about the alleged
    payment made by him to the complainant. When
    complainant has no clarity with regard to payment then
    how could he claim amount from the accused. There should
    be clarity with regard to alleged payment. The complainant
    has not explained that why he has received cheques for
    Rs.11,57,500/-, if he paid Rs.10 lakhs or Rs.11,56,500/-.
    There is no clarity in that aspect.

    26. In the notice there should be proper recital with
    regard to payment or legal liability of the accused. In the
    Ex.P.5 notice also the complainant has stated that he had
    paid Rs.10 lakhs to the accused and accused had issued
    cheques for Rs.11,57,500/-. There also he has not
    explained that why that difference ie., cheque amount and
    amount pleaded in the complaint and notice. As per
    13

    C.C.No.36991/2022

    complaint and notice, the complainant has paid only Rs.10
    lakhs to the accused but he has received cheques for
    Rs.11,57,500/-. There is no explanation from the
    complainant that why should he had received cheques
    Rs.11,57,500/-. Though the complainant has tried to
    explain that he had paid amount on different dates but it is
    also lesser than Rs.11,57,500/-. As stated above there is
    no pleadings in the complaint with regard to date of alleged
    payment of Rs.11,57,500/- to the accused on various dates.
    If really the accused had borrowed amount of
    Rs.11,57,500/- from the complainant then complainant
    would have pleaded in his complaint with regard to said
    amount and date of payment. Here there is no such
    pleading in the complaint. In the absence of pleading and
    material, court cannot accept the version of complainant
    with regard to alleged payment of Rs.11,57,500/-.

    27. As per complainant he had transferred amount to
    the accused through account. If that is so, burden is on the
    complainant to show that when he had transferred amount
    to the accused. Here no such document has been placed
    before the court. If really the complainant has transferred
    amount through account, then there was no hurdle for him
    to produce bank statement. Silence of complainant shows
    that he is trying to hide or suppressed material facts.
    Because as discussed above the accused has clearly stated
    that the complainant has paid Rs.9,50,000/- as capital
    14

    C.C.No.36991/2022

    amount to the Indane gas business. If the complainant
    would have produced his bank statement, then definitely
    truth would have come out. To avoid the same the
    complainant has not produce his bank statement. Though
    the complainant has undertaken to produce bank statement
    but not produced.

    28. As discussed above complainant has not
    produced bank statement to show that when he had
    transferred amount to the accused. Ex.P.3 and P.4 are bank
    endorsements and those documents show that, cheques
    have been returned for the reason erstwhile Syndicate bank
    MICR Code cheques stopped in clearing. It is also stated in
    the endorsements that for any clarification or more
    information, you may call our customer care or visit your
    nearest ICICI Bank. Ex.P.1 and P.2 cheques pertaining to
    Canara Bank, Sambrani branch and admitted the cheques
    and signatures belong to accused. As per complaint
    averments, the complainant has presented those cheques
    through his banker ICICI Bank, Kengeri branch. Here it is
    pertinent to discuss that whether complainant has
    presented cheques pertaining to Syndicate Bank or Canara
    Bank. As stated above Ex.P.1 and P.2 cheques are
    pertaining to Canara Bank, Sambrani branch but in the
    bank endorsements ie., in the Ex.P.3 and P.4 it is shown as
    Syndicate Bank MICR code cheques. There is no
    explanation from the complainant that why bank has issued
    15

    C.C.No.36991/2022

    endorsement pertaining to Syndicate bank cheques. Here
    the complainant has not presented cheques pertaining to
    Syndicate Bank, but in the endorsement it is shown as
    Syndicate Bank MICR code cheques. It shows that Ex.P.3
    and P.4 not pertaining to Ex.P.1 and P.2 cheques. If really
    the complainant has presented Ex.P.1 and P.2 cheques for
    realization, definitely there should be entry in the bank
    statement of complainant. Here the complainant has
    intentionally not produced his bank statement. All these
    aspects clearly creates doubt regarding presentation of
    cheques. It also probablizes without presenting cheques for
    realization, the complainant has produced endorsements
    pertaining to other cheques. In the absence of
    endorsements, there is no cause of action for filing
    complaint and complaint itself is not maintainable. After
    noticing about the endorsements, court has sought
    clarification from the complainant but complainant has not
    chosen to explain that why bank has stated as Syndicate
    Bank cheque in the endorsements instead of Canara Bank.

    29. All these aspects probablizes that the accused
    might have kept his cheques in the office and the
    complainant only filled the cheque as per his wish. It shows
    the dishonest intention of the complainant and it is contrary
    to pleadings of the complainant. Admission of PW-1 with
    regard to vary in amount pleaded in the complaint and
    16

    C.C.No.36991/2022

    deposed in the evidence shows that there was no
    transaction between the parties as alleged in the complaint.

    30. 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 complainant accused
    only filled the cheque and issued but the accused has
    denied the said aspect. It shows that accused has not
    authorized the complainant to fill the cheque. As per
    Section 20 of N.I.Act inchoate 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.

    31. It is true that as per Section 20 of N.I.Act the
    holder of cheque can fill the cheque but he cannot fill the
    amount as per his wish. The holder of cheque can only fill
    the cheque as per contract between himself and who has
    issued the cheque. In this case the accused has admits the
    signature but he has specifically contended that he has not
    authorized the complainant to fill the cheques for
    Rs.11,57,500/-. It shows that the accused has not
    authorized the complainant to fill cheque for
    Rs.11,57,500/-. Without instructions of accused only, the
    complainant has filled the cheque. Hence the complainant
    17

    C.C.No.36991/2022

    cannot claim benefit U/s.20 of N.I.Act. Hence, the ratio held
    in above authority is applicable to case on hand. It shows
    that the complainant has misused the cheque issued by the
    accused for security purpose after payment made by the
    accused also.

    32. When there is no authorization by the accused to
    fill the cheque, the complainant or any other person had no
    right to fill the cheque and he has also no right to fill the
    cheque for the amount as he wish. When there is no liability
    for Rs.11,57,500/- by the accused, question of filling
    cheque and presenting for realization is not at all valid in
    the eye of law. All the process followed by the complainant is
    not accordance with law. As stated above the complainant
    has filed this complaint for wrong claim and issued notice
    also for wrong claim. All these aspects show that the
    complainant has not approached the court with clean
    hands.

    33. Advocate for accused has produced Judgment
    reported in Crl appeal 939/2010 in Yeshwanthkumar
    Vs.Shanthkumar N. In that also Hon’ble High Court of
    Karnataka held when there is no clarity with regard to date
    of alleged transaction in the complaint, in such
    circumstances it creates doubt regarding transaction. In
    this case the complainant has narrated in his complaint
    that he had paid Rs.10 lakhs to the accused but not
    18

    C.C.No.36991/2022

    disclosed the date of alleged payment. Not produced bank
    statement to show that when he had transferred amount.
    Later he has contended that he had paid Rs.11,57,500/- on
    different dates but that amount also not tally with the
    amount stated by the complainant.

    34. Accused has produced another authority reported
    in (2023) 1 SCC 578 John K.Abraham Vs. Simon
    C.Abraham
    . In that Hon’ble Apex Court held that in order
    to draw presumption u/s.118 R/w.sec.139 of N.I.Act
    burden lies on complainant to show that he had requisite
    funds for advancing date of advancement and other aspects.
    The complainant must plead the date of alleged transaction
    and he has to produce documents in support of transaction.
    Here the complainant does not know the date of transaction
    and not produced bank statements also. Hence ratio held
    in above authority is supports the case of accused.

    35. The accused has produced another authority
    reported in (2023) 1 SCC 578 Dashrathbhai Trikambhai
    Patel Vs. Hitesh Mahendrabhai Patel and another
    . The facts
    and circumstances of both the cases are entirely different.
    Hence ratio held in above authority is not applicable to case
    on hand.

    36. The accused has produced another authority
    reported in Crl. Appeal No.1017/2016 in S.Chandrashekar
    19

    C.C.No.36991/2022

    Vs.Sri.Bhojaraj Jain In that Hon’ble High Court of
    Karnataka held that when the accused has replied the
    notice and denied the transaction, the burden lies on the
    complainant to prove the transaction and also the liability.
    In the case on hand the complainant has no clarity about
    the alleged payment and date of payment. The complainant
    has fails to prove that when he had paid amount to the
    accused and why dual version with regard to said amount.
    Hence ratio held in above authority is applicable to case on
    hand.

    37. Advocate for complainant has argued that
    presumption is in favour of complainant and the
    complainant has proved the case. On perusal of record, it is
    noticed that the complainant has not approached the court
    with clean hands and he had suppressed the material facts.
    The complainant has not produced endorsements issued by
    the bank with respect to Ex.P.1 and P.2 cheques. He has
    not proved his case as per his pleadings and he has not
    fulfilled the ingredients required to attract offence
    punishable U/s.138 of N.I.Act.

    38. In the judgment reported in (2009) 2 SCC 513,
    (Kumar Exports V/s. Sharma Carpets), in that Hon’ble Apex
    Court held that the presumption available to the
    complainant U/Sec.138 of NI Act is not conclusive but
    rebuttable. To rebut the statutory presumptions an accused
    20

    C.C.No.36991/2022

    is not expected to prove his defense beyond reasonable
    doubt as is expected of the complainant in a criminal trial,
    the standard of proof for doing so is that of “preponderance
    of probabilities”. The accused can rely on the materials
    submitted by the complainant in order to raise such defense
    and it is conceivable that in some cases the accused may
    not need to adduce evidence of his own. The court need not
    insist in every case that the accused should disprove the
    non-existence of consideration and debt by leading direct
    evidence because the existence of negative evidence is
    neither possible nor contemplated.

    39. In this case there is no ingredients to attract
    section 138 of N.I.Act i.e., issuance of cheque, legally
    recoverable debt and issuance of notice. Here the complaint
    is pertaining to Rs.10 lakhs, notice pertaining to Rs.10
    lakhs but the cheque is pertaining Rs.11,57,500/-. There is
    no details with regard to dates of alleged payment made by
    the complainant. As discussed above the complainant has
    deposed during the cross-examination with regard to dates
    and amount but if count the said amount then total amount
    is Rs.11,56,500/-. There is no material to show that which
    amount is correct. The complainant has not disclosed about
    the dates of payment. Hence it cannot be considered as
    accused had issued cheque for part debt or liability. If
    complainant would have disclosed about the amount and
    dates in the complaint and notice, then definitely court
    21

    C.C.No.36991/2022

    would have considered as cheques have been issued for
    discharge of his liability. Here the complainant has
    suppressed the facts and filled cheque without
    authorization by the accused. It is not valid under the eye of
    law. The complainant has fails to prove his case. The
    complainant has not fulfilled the ingredients required to
    attract Section 138 of N.I.Act. On the other hand, the
    accused has raised probable defence and elicited many
    things in the cross-examination of PW-1. Hence the ratio
    held in above authority applicable to case on hand.

    40. On careful perusal of materials on record I am of
    the opinion that there is no legally recoverable debt or
    liability. The accused has successfully rebutted the
    presumption by eliciting many material contradictions in
    the cross examination of PW1. Considering the facts and
    circumstances of the case the version of accused appears to
    be true. The ingredients required to fulfill Sec.138 of NI Act
    also not proved. Hence, I hold that there are no 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 Negative.

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

    22

    C.C.No.36991/2022

    -: ORDER :-

    By invoking the power conferred
    under section 278(1) of B.N.S.S.,The
    accused is Acquitted for the offence
    punishable under section 138 of
    Negotiable Instruments Act.

    Bail bond and surety bond stands
    canceled.

    (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 08th day of July-2026)

    ASHA Digitally signed
    by ASHA K S
    Date: 2026.07.08
    KS 17:29:15 +0530

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

    ANNEXURE

    1) List of Witnesses examined for complainant:-

    PW.1 : Sri.Narayan Namdev Kolekar

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

          Ex.P.1 & P.2    :        cheques.
          Ex.P.1(a) &P.2a :        Signatures of accused.
          Ex.P.3 & P.4    :        Bank Memos.
          Ex.P.5 & P.6    :        Legal Notice.
          Ex.P.7 & P.8    :        Postal receipts.
          Ex.P.9 & P.10 :          Postal Acknowledgments.
          Ex.P.11         :        Reply.
    
    

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

          DW-1               :     Sri.Kariyappa Rudrappa Metri.
                                 23
    
                                                C.C.No.36991/2022
    
    
    
    

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

    Ex.D.1 : Certificate of Registration of Firm.

         Ex.D.2         :    Bank Statements.
                                                   Digitally signed
                                           ASHA    by ASHA K S
                                                   Date:
                                           KS      2026.07.08
                                                   17:29:29 +0530
    
                                         (Smt.Asha K.S,)
                                      XXIII ACJM, Bengaluru.
     24
    
         C.C.No.36991/2022
     



    Source link

    LEAVE A REPLY

    Please enter your comment!
    Please enter your name here