Nataraj Kumar S vs M/S Jrbh Manpower Consultancy And … on 7 April, 2026

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    Bangalore District Court

    Nataraj Kumar S vs M/S Jrbh Manpower Consultancy And … on 7 April, 2026

    KABC030613832022
    
    
    
    
         IN THE COURT OF XX ADDL.CHIEF JUDICIAL
              MAGISTRATE AT BENGALURU CITY
                  PRESENT: BHOLA PANDIT,
                                              B.Com.,LL.M.,
                                XX ADDL. C.J.M.
                                Bengaluru.
    
              Dated this the 7th day of April 2026
    
                           C.C.No. 24354/ 2022
    
    Complainant        :       Nataraj Kumar S
                               S/o. Seetharam
                               Aged about 46 years,
                               R/at No.707, 18th Main Road,
                               8th B Cross, MEI Layout
                               Bagalagunte,
                               Nagasandra Post
                               Bengaluru - 560 073
                               { By Sri.Jagannatha Rao- Advocate }
                                       Vs.
                         2                 C.C. No. 24354 / 2022
    
    
    Accused   :   M/s. JRBH Manpower Consultancy and
                  Allied Services,
                  No.238/377, Ground Floor
                  NH-4 , Arisinakunte,
                  Nelamangala
                  Bengaluru Rural District,
                  Represented by its Proprietor,
                  Gangadhar R.
                  S/o. Rajanna H
                  Aged 43 years,
                  Also at
                  Gangadhar R
                  S/o. Rajanna H
                  Aged 43 years,
                  Proprietor
                  M/s. JRBH Manpower Consultancy and
                  Allied Services,
                  R/at Sri. Nanjundeshwara Swamy Nivasa,
                  No.40, Sundara Nagara Circle,
                  Arisinakunte,
                  Bengaluru Rural - 562 123
                  Phone No./ 7406588889
                  { By Sri.Suraj Patil- Advocate }
                                  3                 C.C. No. 24354 / 2022
    
    
    
    
    Offence complained :   U/S. 138 of N.I. Act.
    
    
    Plea of accused    :   Pleaded not guilty.
    
    
    Final Order        :   Accused is acquitted
    
    
    Date of Order      :   07.04.2026.
                                               4                  C.C. No. 24354 / 2022
    
    
                                     JUDGMENT
    

    The present complaint is filed under section 200 of

    code of criminal procedure against the accused seeking to

    SPONSORED

    punish him for the offense punishable under section 138

    of the Negotiable Instruments Act ( in short referred as “N.I.

    Act“).

    02. The brief facts of the complaint germane are as under.

    It is stated that, on 31.01.2019 the complainant and

    accused had entered into an agreement of sale for two sites

    i.e. site No.8 and 9 situated in Sy.No.1/5, 1/6, 1/7 and

    1/7 of Agalaguppe Village, Thamagondlu Hobli,

    Nelamangala Taluk of Bangalore Rural District and the wife

    of complainant has paid an advance amount of Rs.4 lakhs

    in the following terms.

    1) Rs. 1,00,000/- by way of cash

    2) Rs.1,50,000/- by way of cheque
    bearing No.686576 drawn on Andhra
    Bank
    5 C.C. No. 24354 / 2022

    3) Rs.1,50,000/- by way of cheque
    bearing No.686577 drawn on Andhra
    Bank

    It is further contended that, the accused was asking

    complainant to pay the balance amount part by part. The

    complainant has paid Rs.50,000/- on 17.12.2019 by way

    of cheque No.87. Paid Rs.1 lakhs on 27.12.2019 by way of

    cheque No.91. Rs.50,000/- paid on 03.01.2020 by way of

    cheque No.92. Rs.50,000/- paid on 22.01.2020 by way fo

    cheque No.96 and finally Rs.3,50,000/- paid on

    20.11.2020 by way of cheque No.688209. All these

    amount has been paid only in respect of agreement of sale

    dated 31.01.2019. After the complainant’s repeated

    demand for the registration of sites and instead of

    executing sale deed, the accused had issued two cheques

    bearing No.806805 for Rs.2,50,000/- and another

    cheque bearing No.806810 for Rs.3,50,000/- both drawn

    on drawn on Adhara Bank, Dasarahalli Branch, Bengluru

    dated 11.04.2022. When the said cheques were presented
    6 C.C. No. 24354 / 2022

    with his banker on the same day, they have returned

    unpaid with a shara as ‘funds insufficient ‘ vide memo

    dated 11.04.2022. On 07.05.2022 he got issued demand

    notice to the accused by RPAD and the said notice was

    duly served on the accused. In spite of the service of

    demand notice the accused has neither has paid the

    cheque amount nor has given any reply. Therefore, it is

    prayed to punish the accused under section 138 of NI Act

    and grant her compensation.

    03. On presentation of the complaint, this court has

    verified the averments of the complaint and also annexed

    documents. Having made out prima facie case cognizance

    has been taken for the offense punishable u/s 138 of NI

    Act. As per the verdict of Hon’ble Apex Court in the case of

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

    sworn statement of the Complainant has been recorded as

    PW1 and in all got marked 11 documents at Ex.P1 to P11.

    Having made out prima facie case it is ordered to register
    7 C.C. No. 24354 / 2022

    the complaint in register No.III and to issue process against

    the accused.

    04. In response to the court summons, the accused put

    his appearance before the court through his counsel and

    filed bail application under section 436 of Cr.P.C., along

    with necessary applications, since the alleged offense is

    bailable in nature, accused has been enlarged on bail. The

    plea has been recorded and read over to the accused he

    pleaded not guilty and wanted to put forth his defense. As

    per section 145 of the Negotiable Instruments Act, sworn

    statement of the Complainant has been treated as affidavit

    evidence and the accused has been permitted to cross-

    examine of PW1. After terminating the Complainant side

    evidence, the statement of accused under section 313 of

    Cr.P.C., read over and explained to accused the

    incriminating evidence, the accused denied the same in

    toto and also wanted to adduce evidence on his behalf.

    But no defense evidence is adduced and submitted that no

    defense evidence for the accused side.

    8 C.C. No. 24354 / 2022

    05. Heard the oral arguments advanced by both the

    learned counsels.

    In support of his oral argument the learned defense

    counsel has relied the following citations.

    1 Criminal Appeal No.1166/ 2008 in between
    Sri. Venkatesh Bhat Vs. Sri. Rohidas Shenoy of
    Hon’ble High Court of Karnataka
    2 Criminal Appeal No.1237/ 2018 in between
    Sri. Prakash Shetty Vs. Sri. Venkatesh of Hon’ble
    High Court of Karnataka
    3 2024 (1) Kar.
    L.J. 35 in between
    S S Ramesh Vs K Lokesh
    4 ILR 2021 KAR 2437 in between
    Bidar Urban Co-op Bank Ltd. Vs. Mr. Girish
    5 ILR 2009 KAR 2331 in between
    B. Indramma Vs Sri.Ishwar
    6 Criminal Appeal No.332 / 2012 in between
    Sri. F. Chandra Vs. Smt. Anitha of the Hon’ble High
    Court of Karnataka
    7 2019 (5) SCC 418 in between
    Basalingappa Vs Mudibasappa
    8 2006(6) SCC 39 in between
    M S Narayana Menon Vs. State of Kerala and
    another

    9 Criminal Appeal No. 100029 / 2018 in between
    Sri. Kamalakumar Jain Vs. Benaka Sponge Iron Pvt.
    Ltd. And another, of Hon’ble High Court of
    Karnataka

    9 C.C. No. 24354 / 2022

    06. The following points that arise for my consideration

    are as under;

    POINTS

    1. Does the complainant proves
    beyond reasonable doubts that, the
    accused has issued 2 cheques
    bearing No.806805 for
    Rs.2,50,000/- and another cheque
    bearing No.806810 for
    Rs.3,50,000/- both drawn on drawn
    on Adhara Bank, Dasarahalli
    Branch, Bengluru dated 11.04.2022.

    towards the discharge of his lawful
    debt of the complainant and when
    the Complainant presented the said
    cheque for encashment, they were
    returned unpaid due to shara as
    “Funds insufficient” as per
    banker’s memo and in-spite of
    issuance of demand notice, the
    accused has failed to pay the
    cheque amount, thereby has
    committed the offence punishable
    under section 138 of NI Act?

    10 C.C. No. 24354 / 2022

    2. What Order or sentence ?

    07. My findings to the above points is as follows;

    1. Point No.1: In the Negative

    2. Point No.2: As per final order
    for the following;

    REASONS

    POINT No.1:

    08. It is the specific case of the complainant that, the

    accused has entered with his wife a sale agreement for the

    sale of 2 sites as stated in the complaint and his wife has

    paid an advance amount of Rs. 4 lakhs by way of cash and

    cheques and also he has paid Rs.6 lakhs by way of

    cheques. The accused has under taken to execute the sale

    deed within the stipulated time or else he would repay the

    advance amount. In spite of repeated request of the

    complainant, the accused has failed to execute the sale

    deed in favour of his wife. Instead, the accused has issued

    2 disputed cheques. When the Complainant has
    11 C.C. No. 24354 / 2022

    presented the said cheques with his banker, they have

    returned unpaid due to “Funds insufficient” and thereafter

    despite service of demand notice, the accused has failed

    to pay the cheque amount instead gave evasive reply.

    Wherefore, it is sought to prosecute the accused under

    section 138 of NI Act and to grant him compensation.

    09. To substantiate and to prove his case beyond all

    reasonable doubts, the sworn statement of complainant

    has been treated as affidavit evidence. PW1 has replicated

    the averments of the complaint and got marked in all 11

    documents. Ex.P1 and 2 are the disputed cheques,

    Ex.P3 & P4 are the bank return memos, Ex.P5 is the

    demand notice, Ex.P6 & P7 are the postal receipts, Ex.P8

    & P9 are the postal acknowledgments, Ex.P10 is the

    notarized copy of agreement of sale, Ex.P.11 is the Bank

    account statement. To disprove the case of the

    Complainant and also to rebut the Legal presumptions

    which could be drawn in favour of complainant, the

    accused has not adduced his oral evidence, so also not
    12 C.C. No. 24354 / 2022

    produced any documentary evidences on his behalf. The

    learned defense counsel has submitted no oral evidence on

    behalf of accused. The learned defense counsel has cross

    examined PW1 comprehensively.

    10. Before to venture in the appreciation and reliability

    of oral and documentary evidence produced on records, it

    is imperative on this court to find out whether the

    Complainant has complied the necessary ingredients of

    section 138 of NI Act before filing the present complaint.

    11. Looking upon the disputed cheque, bank return

    memo, demand notice at Ex.P.1 to 5 it can be seen that,

    the disputed cheques have been presented with bank

    within its validity period and demand notice has been

    issued within 30 days from the date of receiving the bank

    return memo. Looking to the postal acknowledgments at

    Ex.P8 & P9 the accused has personally received the

    demand notice by putting his signature. During the entire

    cross-examination of PW1 the service of demand notice as
    13 C.C. No. 24354 / 2022

    per Ex.P8 & P9 is not at all denied. The present complaint

    is filed before this court on 17.06.2022. Thus, it can be

    concluded that, the present complaint has been filed before

    this court only after the compliance of the requirements of

    section 138 of NI Act.

    12. Section 118 & 139 of NI Act are two important

    provisions and they provides for raising mandatory

    presumptions in favour of the complainant until the

    contrary is proved by the accused. Even in the catena of

    decisions i.e., in the case of Rangappa Vs. Mohan reported

    in 2010(11) SCC 441, in the case of Bir Singh Vs. Mukesh

    Kumar reported in 2019(4) SCC 197, in the case of APS

    Forex Services (P) Ltd., Vs.Shakthi International Fashion

    Linkers reported in 2020(12) SCC 724, in the case of

    Rajeshbai Muljibhai Patel Vs. State of Gujarat, reported in

    2020(3) SCC 794, in the case of Triyambak S. Hegde Vs.

    Sripad reported in Live Law 2021 SC 492. The learned

    defense counsel has also relied the well known judgment of

    Hon’ble Apex Court in the case of Basalingappa Vs.
    14 C.C. No. 24354 / 2022

    Mudibasappa reported in 2019(5) SCC 418 a precedent is

    laid down that, ” Once the issuance of cheque and the

    signature thereon is admitted by the accused, the court is

    required to raise presumption in favour of the

    complainant stating that, the accused has issued the

    cheque for some consideration towards discharge of his

    legal debt or liability of the complainant and that the

    complainant is the due holder of the said cheque. The

    burden or reverse onus shifts on the accused to rebut the

    statutory presumptions under sections 118(a) & 139 of NI

    Act.” Now, it is well established law that, the presumption

    mandated by section 139 of NI Act, thus indeed includes

    the existence of legally enforceable debt or liability and it is

    open for the accused to raise a probable defense wherein

    the existence of legally enforceable debt or liability can be

    contested and he shall prove before the court on

    preponderance of probabilities, only thereupon a statutory

    presumption raised in favour of the complainant stands

    rebutted.

    15 C.C. No. 24354 / 2022

    13. In the instance case on hand, in spite of receiving the

    demand notice the accused has failed to give reply notice

    and thereby did not put forth his defense in the beginning

    itself. However, there is no bar for the accused to take his

    defense during the trial. During cross-examination of PW1

    many factual aspects have been elicited. It has been

    suggested to PW1 stating that himself has been working in

    the bank since 10 years as a consultant to provide loan to

    the customers and the agreement at Ex.P10 has been

    entered between himself and the accused, he has no role in

    the said agreement. He do not know other works then that

    of consultancy. He further admitted that, the police of R T

    Nagar PS as well as V V Puram PS have summoned him

    and enquired with regard to his providing loan to the

    customers. He further admitted that, upon the

    commission of fraud in Andhra Bank the police have

    summoned to him and the bank officials and made

    enquiry. In support of his evidence PW1 has produced his

    bank account statement at Ex.P11 which discloses in all 4

    relevant entries and as per those entries a sum of Rs.6
    16 C.C. No. 24354 / 2022

    lakhs has been transferred to the accused. In order to

    believe the version of the complainant that only towards

    consideration of Ex.P10 a sum of Rs.6 lakhs has been

    transferred to the accused account, absolutely no such

    endorsement has been made on the alleged agreement at

    Ex.P10 nor a receipt has been taken from the accused

    stating that, the said amount was received only in respect

    of Ex.P10. The amount alleged to have been paid under

    Ex.P11 might be for some other purposes and that cannot

    be ruled out, as such earlier payment of advance amount

    an endorsement has been made on Ex.P10. During

    further cross-examination a suggestion has been made by

    way of putting defense stating that, on the pretext to

    provide loan to the accused, the signed blank cheques and

    signed blank stamp papers have been taken from the

    accused and filed two false cases. By this suggestion, the

    accused has put forth his defense and in order to prove

    this defense on preponderance of probabilities, though the

    accused did not entered in the witness box, but his counsel

    has comprehensively cross-examined PW1.
    17 C.C. No. 24354 / 2022

    14. It is very pertinent to note that, when the alleged

    agreement of sale of 2 sites has been entered between wife

    of complainant and accused, the wife of complainant is the

    material witness but she is not examined before the court.

    He stated that, he has paid Rs.6 lakhs as an advance

    amount. Out of Rs.18 lakhs he has paid total Rs.6 lakhs

    by way of cheques. Whereas, looking to the alleged

    agreement of sale produced at Ex.P10 no endorsement has

    been found about payment of Rs.6 lakhs by the

    complainant so also no receipt has been taken from the

    accused. Apart from that, either in the demand notice or

    in the complaint CC No. 24351 /2022 this fact has been

    pleaded. Although evidence of PW1 coupled with the

    document at Ex.P11 it appears that, the complainant has

    paid Rs. 6 lakhs to the accused but it is clear that the

    same amount was paid towards the sale agreement at

    Ex.P10. When it is the defense of the accused that, his

    signatures on the blank cheque and blank document

    sheets have been obtained, which does not mean that, the
    18 C.C. No. 24354 / 2022

    accused is admitting the due execution of document at

    Ex.P10. Further, to appreciate the document about the

    alleged execution agreement of sale is the domain of the

    civil court and this court being criminal court has no

    jurisdiction to appreciate the alleged agreement of sale.

    Further more, to attract the offense u/s 138 of NI Act in

    respect of the alleged issuance of disputed cheque there

    must be the rescind the contract between both the parties

    in respect of the alleged Ex.P10. Neither in the complaint

    nor in the evidence of PW1 it is not specifically stated when

    the alleged agreement at Ex.P10 has been cancelled. Even

    no notice was issued by the complainant to rescind the

    alleged agreement of sale. Even no agreement has been

    made between both of them canceling the alleged

    agreement at Ex.P10. Ex.P10 is an unregistered document,

    so it cannot be presumed that, under the said document

    Rs.6 lakhs have been paid by the complainant, unless its

    one of the attesting witness would have been examined. By

    considering all these material facts elicited, it appears that,

    though the documentary evidence produced by
    19 C.C. No. 24354 / 2022

    complainant corroborate to his own evidence but since it is

    not established that the said amount was paid only

    towards Ex.P10. On further scrutiny of the bank account

    statement produced at Ex.P10 it reveals about payment of

    4 entries for total payment of Rs.6 lakhs. But not clear

    whether the said amount was paid only towards Ex.P10.

    Even otherwise , since the alleged agreement at Ex.P10 is

    not got canceled either by issuing any notice or entering

    into any cancellation agreement, the dishonour of alleged

    cheque at Ex.P1 and P2 do not attract the offense u/s 138

    olf NI Act. Thus, the defense put forth by the accused

    appears to be probable and believable. The legal

    presumptions stands rebutted and the complainant has

    failed to prove her case beyond reasonable doubt. The

    learned defense counsel has relied the judgment of our own

    Hon’ble High Court of

    Karnataka in Criminal Appeal No.1166/2008 in between

    Venkatesh Bhat Vs. Rohidas Shenoy, wherein the it is held

    that, when the agreement of sale are violated by the

    accused, then the remedy is left else where but not before a
    20 C.C. No. 24354 / 2022

    criminal court. Relied another judgment in Criminal

    Appeal No.1237/2018 in between Prakash Shetty Vs.

    Venkatesh wherein also it is held that, the agreement of

    sale is a matter of civil in nature but the complainant

    instead of filing a civil suit tried to give a criminal colour to

    the transaction which is not permissible under the law as

    he had a civil remedy. In another relied judgment of the

    Hon’ble Apex Court reported in 2006 (6) SCC 39 in between

    M S Narayana Menon Vs. State of Keral and another

    wherein it is held that, the initial burden is on the accused

    to discharge and rebut the legal presumptions, then only

    onus shifts on the complainant to prove his case beyond

    reasonable doubts. Another judgment of Hon’ble High court

    of Karnataka in Criminal Appeal No.100029 /2018

    wherein it is held that, the due amount is lesser than the

    cheque amount and there is no endorsement made on the

    cheque as required u/s 56 of NI Act, it do not attract the

    offense u/s 138 of NI Act. The above relied judgments are

    squarely applicable to the facts and circumstances of the

    case on hand. The learned defense counsel has relied the
    21 C.C. No. 24354 / 2022

    well known judgment of Hon’ble Apex Court reported in

    2019 (5) SCC 418 in the case of Basalingappa Vs/

    Mudibasappa. Ofcourse in this judgment the Hon’ble Apex

    Court has upheld the judgment of trial court regarding the

    acquittal of the accused by setting aside the conviction

    judgment of Hon’ble High Court . But in the said judgment

    it is held that, when the complainant has failed to prove his

    financial capacity and accordingly the acquittal order of the

    trial court is upheld. This ratio is also not applicable to the

    case on hand. However, the other ratio with regard to

    quality of evidence to rebut the legal presumptions and the

    quality of evidence by the complainant to prove his case

    beyond reasonable doubts is commonly applies to each and

    every criminal case u/s 138 of NI Act. The learned defense

    counsel has also relied judgment of Hon’ble Alhabad High

    Court in the case of Archana Singh Gautam Vs. State of U

    P and another wherein it is held that, the invalid cheque

    do not attract the liability u/s 138 of NI Act. But in the

    present case the cheque at Ex.P1 has writtne unpaid due

    to “Funds insufficient” .

    22 C.C. No. 24354 / 2022

    15. The learned defense counsel vehemently argued that,

    it is a time barred claim and the offense u/s 138 of NI Act

    do not attract. In support of his contention the learned

    defense counsel has relied the judgment of Hon’ble High

    Court of Karnataka reported in ILR 2021 KAR 2437 in the

    case of The Bidar Urban Co-op, Bank Ltd. Vs. Mr. Girish.

    Another judgment reported in 2024(1) Kar.L. J. 35 in the

    case of S S Ramesh Vs. K Lokesh. With due respect to the

    relied judgments , I have carefully gone through the same.

    In both the relied judgments the facts of the case were

    relating to advancement of money, whereas in the present

    case on hand it is the alleged claim for the repayment of

    advance money paid for the alleged agreement of sale,

    therefore as per Article 54 and Article 113 of Limitation

    Act if the seller refuses to executed the sale deed or from

    the date of breeze of contract within 3 years the alleged

    advance money shall be recoverable and article 18 and 19

    of Limitation Act are not applicable to the present case on

    hand. Therefore, I do not find any force in the argument of
    23 C.C. No. 24354 / 2022

    the learned defense counsel. Therefore the said ratio is not

    applicable to the case on hand. Thus, from the material

    evidence available on record the legal presumptions stands

    rebutted and the complainant has failed to prove his case

    beyond reasonable doubts. Hence, I answer point No.1 in

    the Negative .

    POINT NO.2:

    16. In view of the above findings, this court proceed to

    pass the following;

    ORDER
    Acting under Section 255(1) of code

    of criminal procedure, the accused is

    acquitted for the offence punishable under

    Section 138 of Negotiable Instruments Act.

    The bail bond of accused and surety

    stands canceled subject to appeal period.

    {Dictated to the stenographer, transcribed and computerized by her, revised corrected
    and then pronounced in the open court on this 7th day of April 2026}.
    24 C.C. No. 24354 / 2022

    (BHOLA PANDIT)
    XX ACJM,
    ANNEXURE
    List of witnesses examined on behalf of complainant:

    P.W.1 Nataraj Kumar S

    List of documents produced on behalf of complainant:

    Ex.P.1 & 2                  Cheques
    Ex.P.1(a) & 2(a)            Signature of the accused
    
    Ex.P.3 and 4                Bank endorsement
    Ex.P.5                      Copy of the legal notice
    Ex.P.6 & 7                  Postal Receipts
    Ex.P.8 & 9                  Postal acknowledgments
    Ex.P.10                     Sale Agreement
    
    Ex.P.11                     Bank Statement
    
    

    List of witnesses examined on behalf of accused:

    Nil
    List of documents produced on behalf of accused:

    Nil

    XX A.C.J.M. Bengaluru.



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