P Sreeramulugupa vs K P Jayavelu on 10 April, 2026

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    Bangalore District Court

    P Sreeramulugupa vs K P Jayavelu on 10 April, 2026

    KABC030169542023
    
    
    
    
                                Presented on : 25-04-2023
                                Registered on : 25-04-2023
                                Decided on      : 10-04-2026
                               Duration      : 2 years, 11 months, 15 days
    
    IN THE COURT OF LII ADDL. CHIEF JUDICIAL MAGISTRATE,
                       BENGALURU CITY
    
                                PRESENT
                 SMT.LAVANYA.H.N, B.Sc., LL.B.,
                LII Addl. Chief Judicial Magistrate,
                   Bengaluru.
    
               Dated this the 10th day of April, 2026
    
                          C.C. No.9914/2023
    
    COMPLAINANT:       SRI.P.SREERAMULU GUPTA,
                       S/o.Subbarathnayya Setty,
                       Aged about 63 years,
                       No.33, 34 & 35,
                       Sri Jee Apartment,
                       5th Cross, 6th Main,
                       Gandhinagar,
                       Bengaluru - 560 009.
    
                       (Rep By: Sri.K.Vijaya Kumar - Advocate)
    
    
                                     V/s.
    
    ACCUSED:           SRI.K.P.JAYAVELU,
                       S/o.Late Pachippan,
                       Aged about 53 years,
                       R/at No.1223/64, Flat No.401,
                                         2
                                                      C.C.No.9914/2023
    
                         Rajssivana Apartment,
                         1st Main Road,
                         MRCR Extension,
                         Vijayanagar,
                         Bengaluru - 560 040.
    
                         Also carrying business at
                         Global Batteries,
                         Shop No.1, No.47,
                         Dr.T.C.M.Royan Road,
                         (Goodshed Road),
                         Bengaluru - 560 053.
    
                         (Rep By : Sri.Harisha.T - Advocate)
    
    
    
    Date of presenting            06.03.2023.
    complaint
    Date of arrest of accused     NIL
    Name of the Complainant       SRI.P.SREERAMULUGUPTA.
    Date of commencement of 19.08.2023.
    evidence
    Date of closing evidence      22.12.2025.
    Offence complained of         Section 138 of Negotiable Instruments
                                  Act, 1881.
    Date of Judgment              10.04.2026.
    Opinion of the Judge          Accused found guilty.
    
    
                               :JUDGMENT:

    This Complainant has presented the complaint on
    06.03.2023 against the accused for the offense punishable
    under Sec.138 of Negotiable Instruments Act, 1881
    (hereinafter it is referred to as NI Act).

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    SPONSORED

    C.C.No.9914/2023

    2. THE BRIEF FACTS OF THE COMPLAINANT’S CASE
    ARE AS UNDER:-

    a) It is the case of the complainant that the accused
    and wife of the accused Smt. Lathavelu are well known to each
    other. The accused and his wife are running a business in the
    name of “Global Batteries” at Shop No.1, No.47, Dr.T.C.M.
    Royan Road, (Goodshed Road), Bengaluru-560053. The
    accused and his wife approached the complainant in the last
    week of April 2022 seeking financial assistance of
    Rs.6,00,000/- (Rupees Six Lakhs only) for their business and
    other legal necessities and they agreed to repay the same in
    the month of August 2022. Accordingly the complainant
    considering the request has paid a sum of Rs.6,00,000/- to
    the wife of accused/Smt.Lathavelu on various dates by way of
    cash since the wife of the accused insisted to pay the amount
    in cash, in the following manner:- a) A sum of Rs.1,50,000/-

    on 01.05.2022, b) A sum of Rs.2,00,000/- on 10.05.2022, c) A
    sum of Rs.1,50,000/- on 22.05.2022 and d) A sum of
    Rs.1,00,000/- on 28.05.2022.

    b) It is further case of the complainant that in the last
    week of June 2022 again the accused and his wife have
    approached the complainant and sought for further hand loan
    of Rs.6,00,000/- and agreed to repay the total loan amount of
    Rs.12,00,000/- within August 2022. The complainant has
    transferred a sum of Rs.6,00,000/- to the account of accused
    on 30.06.2022. However, the accused and his wife did not re-
    pay said sum of Rs.12,00,000/-. Finally, on 01.10.2022 wife of
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    C.C.No.9914/2023

    accused issued a cheque bearing No.000008, dated
    07.10.2022 drawn on City Union Bank, OTC Road, Chickpet
    Main Road, Bengaluru – 560 053, in favour of the complainant
    for a sum of Rs.6,00,000/- and the accused has issued a
    cheque bearing No.002295 dated 01.10.2022 drawn on City
    Union Bank, OTC Road, Chickpet Main Road, Bengaluru-
    560053, in favour of complainant for a sum of Rs.6,00,000/-,
    promising the complainant that when the said cheques are
    presented it would be honoured.

    c) It is further case of the complainant that the
    complainant presented the cheque bearing No.002295, dated
    01.10.2022, on 01.10.2022 through his banker i.e., Indian
    Overseas Bank, Vijayanagar Branch, Bengaluru, which came
    to be returned with an endorsement “FUNDS INSUFFICIENT”.
    The complainant presented the cheque bearing No.000008
    dated 07.10.2022, on 07.10.2022 through his banker i.e.,
    Indian Overseas Bank, Vijayanagar Branch, Bengaluru, which
    came to be returned with an endorsement “FUNDS
    INSUFFICIENT”.

    d) It is further case of the complainant that when the
    complainant intimated with regard to dishonour of the said
    cheques to the accused and his wife, they requested to re-
    present the cheques after 20.12.2022. Accordingly, the
    complainant re-presented the cheque bearing No.002295
    dated 01.10.2022, on 22.12.2022 through his banker i.e.,
    Indian Overseas Bank, Vijayanagar Branch, Bengaluru,
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    C.C.No.9914/2023

    however the said cheque came to be returned with an
    endorsement dated 23.12.2022 “FUNDS INSUFFICIENT”,
    Immediately, thereafter the complainant brought the fact of
    dishonour of the said cheque and demanded immediate
    payment of the same. But, for one reason or another the
    accused postponed the payment of the said sum to the
    complainant.

    e) It is further case of the complainant that the
    complainant has issued a legal notice dated 20.01.2023 to the
    accused through RPAD to his two addresses. The notice sent
    to the accused to his residential address is served to the
    accused on 25.1.2023, but notice issued to his business
    address returned with endorsement “Door Locked”. Since
    accused has not paid the cheque amount within stipulated
    time, the complainant was constrained to file this complaint.

    3(a) After presenting the complaint cognizance of the
    offense under Section 138 of N.I Act, was taken. As a prima-
    facie case was made out against the accused, by order dated
    25.04.2023 Criminal Case was registered and process was
    issued to the accused.

    3(b) In response to the summons, accused has caused
    his appearance through Sri.Harisha.T – Advocate and got
    obtained the bail on 19.08.2023. The substance of accusation
    was recorded on 19.08.2023. Since the accused pleaded not
    guilty and claimed to be tried, the matter was posted for trial.

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    C.C.No.9914/2023

    4. The sworn statement of the complainant was
    treated as examination-in-chief of complainant and the
    documents at Ex.P.1 to P.10 are marked through PW.1.

    5. All the incriminating evidence appearing against
    the accused in the evidence of PW.1 has been read over and
    explained to the accused under Section 313 of Cr.P.C., and
    accordingly, answers given by the accused were recorded.

    6. While recording statement under Section 313 of
    Cr.P.C., though accused has stated that, he has defense
    evidence, he has not lead defense evidence.

    7. Having heard the arguments of learned counsel for
    the complainant and accused and on perusal of the materials
    available on record the points that would arise for
    determination are as under:-

    POINTS

    1) Whether the complainant proved that the
    accused has issued cheque bearing No.002295
    for Rs.6,00,000/- dated 01.10.2022 drawn on
    City Union Bank, OTC Road Chickpet Main
    Road Branch, in favour of the complainant
    towards discharge of lawful dues to the
    complainant?

    2) Whether the Complainant proved that the
    complainant has presented the said Cheque
    within a period of its validity for encashment
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    C.C.No.9914/2023

    through his banker, Indian Overseas Bank,
    Vijayanagara Branch which came to be
    dishonored with an endorsement “FUNDS
    INSUFFICIENT”

    3) Whether the Complainant proved that inspite
    service of legal notice sent within one month
    from the date of endorsement of the Bank the
    accused has failed to repay the Cheque amount
    within the stipulated period ?

    4) What order or sentence?

    8. The answers to the above points are as follows:

               Point No.1 :    In the AFFIRMATIVE;
               Point No.2 :    In the AFFIRMATIVE;
               Point No.3 :    In the AFFIRMATIVE;
               Point No.4 :    As per final order
                               for the following:
    
                              REASONS
    POINT No.1:
    
    
    

    9(a) It is the argument of the Learned counsel for the
    complainant that the accused has not disputed that the
    cheques at Ex.P1 belongs to his account and has admitted his
    signature thereon. When the accused admits his signature on
    the cheque, the burden lies upon his to rebut the presumption
    under Section 139 of the N.I. Act. However, the accused has
    failed to rebut the presumption favor the complainant that the
    cheque was issued towards discharge of a legally recoverable
    debt. Since accused has borrowed hand loan of Rs.6,00,000/-

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    C.C.No.9914/2023

    from the complainant and for the discharge of the above loan,
    Ex.P.1 was issued, the accused neither issued reply to the
    demand notice, nor let in defense evidence to prove his
    defense.

    9(b) Learned counsel for the complainant further
    submits that an offence under Section 138 of the N.I. Act is a
    statutory offence. In such cases, the accused must specifically
    plead and prove his defense. But, the accused neither issued
    a reply nor led any defence evidence. The accused has failed to
    prove his defense that neither the accused nor his wife
    borrowed Rs.12,00,000/- from the complainant and by mis-
    using the cheque in question which was given to Abhiram has
    filed false case. On the contrary, the complainant has proved
    his case through oral and documentary evidence.

    10. Per contra, it is the argument of the learned
    counsel for the accused that neither wife of the accused nor
    accused had borrowed loan of Rs.12,00,000/- as alleged in the
    complaint. There was no any cash transaction between the
    complainant and accused. By mis-using the cheques which
    were given to Abhiram, the false cases were filed against the
    accused as well as his wife. Since the complainant has not
    paid any amount to the accused and his wife, it was not
    shown in his IT Returns. The complainant has not produced
    any documents to show that on the alleged dates when cash
    payments were made, he withdraw the amount from his
    account. Since no document has been placed by the
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    C.C.No.9914/2023

    complainant to show that, he has lent loan of Rs.6,00,000/- to
    the accused and Rs.6,00,000/- to wife of accused, the Court
    has to draw an adverse inference that the complainant has not
    lent loan of Rs.12,00,000/- either to the accused or to his wife.
    The learned counsel for the accused, in support of his
    argument has placed reliance upon the decision of the Hon’ble
    Apex Court in Crl.Appeal No.3257/2024 between Sri
    Dattatraya Vs. Sharanappa
    , wherein the Hon’ble Apex Court
    has held that:

    “Moreover, affirming the findings of the Trial
    Court, the High Court observed that while
    the signature of the respondent on the
    cheque drawn by him as well as on the
    agreement between the parties herein
    stands admitted, in case where the concern
    of financial capacity of the creditor is raised
    on behalf of an accused, the same is to be
    discharged by the complainant through
    leading of cogent evidence”

    11. Keeping in mind the well established and settled
    principle laid down in the above decisions relied by the learned
    counsel for the accused, let this Court to see the case on
    hand.

    12. To prove the guilt of the accused, PW1/the
    complainant, in his examination-in-chief by way of affidavit,
    has reproduced the averments made in the complaint and
    produced documents marked at Ex.P1 to Ex.P10.

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    C.C.No.9914/2023

    13. Ex.P.1 is the cheque bearing No.002295 for
    Rs.6,00,000/- dated 01.10.2022 drawn on City Union Bank,
    OTC Road Chickpet Main Road Branch in favour of the
    complainant. Ex.P.2 is the bank memo dated 23.12.2022
    wherein it could be seen that the cheque at Ex.P1 presented
    by the complainant was returned unpaid for the reason of
    “FUNDS INSUFFICIENT”.

    14. Ex.P3 is the office copy of the demand notice dated
    20.01.2023 issued by the complainant to the accused through
    his Advocate calling upon the accused to pay the cheque
    amount within 15 days from the date of receipt of the notice.
    Ex.P4 & 5 are the postal receipts for having sent the notice at
    Ex.P3 to the accused. Ex.P.6 is the postal track consignment,
    wherein it could be seen that the accused has been duly
    served with the notice on 25.01.2023. Ex.P.7 is the RPAD
    returned cover, wherein it could be seen that notice sent to the
    accused to his business address returned with postal shara
    dated 25.01.2023 as “NOT CLAIMED”.

    15. Ex.P.8 is the GST Registration Certificate. Ex.P.9
    is the Membership Card issued by Karnataka Film Chambers
    of Commerce. From Ex.P.8 and 9, there is no doubt that
    complainant is a Film Distributor and runs his business in the
    name of Lakshmi Vinayaka Pictures.

    16. Ex.P.10 is the Certified Copy of the Bank Pass book
    of the accused bearing account No.084201000009761 from
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    C.C.No.9914/2023

    11.03.2022 till 11.04.2025. Having gone through the account
    statement of the complainant, it can be said that the
    complainant has a financial capacity to lend loan of
    Rs.12,00,000/-.

    17. It is a settled principle that once the signature on a
    cheque is admitted, a presumption arises under Section 139
    of the N.I. Act that the cheque was issued in discharge of a
    debt or liability. This presumption extends to the existence of
    a legally enforceable debt or liability. There is no doubt
    regarding the initial presumption in favor of the compltainant.
    However, this presumption is rebuttable. The initial onus lies
    on the accused to rebut it by raising a probable defence to the
    satisfaction of the Court. The standard of proof required is
    ‘preponderance of probabilities’. If the accused raises a
    probable defence creating doubt about the existence of a
    legally enforceable debt or liability, or shows that the
    consideration was improbable, doubtful, or illegal, the onus
    shifts to the complainant to prove the debt as a matter of fact.
    Failure to do so results in the complainant’s case failing.

    18. To invoke the presumption under Sections 118 and
    139 of the N.I. Act, the complainant must establish that the
    cheque belong to the accused and bears his signature. Here,
    the accused has not denied that Ex.P1 is his cheque or his
    signature thereon. Thus, it is established that the cheque at
    Ex.P.1 belongs to the accused and bears his signature.

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    C.C.No.9914/2023

    19. Once the complainant discharges this burden, the
    Court must presume under Section 139 of the N.I. Act that the
    cheque was issued in discharge of a debt or liability. However,
    this presumption is rebuttable. The Court must now examine
    whether the accused has raised a probable defence to rebut it.

    20. It is true, the accused has not lead defense
    evidence. It is also true that the accused has not given reply
    to the notice issued by the complainant though he was served
    with the notice. It is also true that either while recording the
    statement U/Sec.313 of Cr.P.C or recording the plea, the
    accused has not stated his defense except denying the case of
    the complainant. As held by the Hon’ble Apex Court in the
    decision reported in 2019(3) KCCR 2473 (SC) between
    Basalingappav/s Mudibasappa’s case, to rebut the
    presumption, it is open for the accused to rely on evidence led
    by him or accused can also rely on the materials submitted by
    the complainant in order to raise a probable defense. Inference
    of preponderance of probabilities can be drawn not only from
    the materials brought on record by the parties but also by
    reference to the circumstances upon which they rely.

    21. Thus, it is clear that merely because the accused
    has not let in defense evidence it could not be said that
    accused has not raised probable defense and he could not able
    to rebut the presumption available U/s 139 of NI Act. Even the
    accused could rebut the presumption from the evidence of the
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    C.C.No.9914/2023

    complainant. Now let this Court to look into the evidence of
    the complainant to see that whether the accused able to rebut
    the presumption which favours the complainant from the
    mouth of the complainant or not.

    22. The defense of the accused could be seen during
    the cross-examination of the complainant. It is specific
    defense of the accused that the cheque in question was given
    to one Abhiram who is friend of complainant. By mis-using
    the said cheque, which was given to Abhiram false case was
    filed against the accused.

    23. Though PW.1 has been subjected to lengthy cross-
    examination, nothing was elicited from the mouth of the
    complainant which favours the defense of the accused. It is
    no doubt that the complainant has not produced any
    documents with regard to lending of hand loan of
    Rs.6,00,000/- to the wife of the accused as alleged in the
    complaint. Since no documents were taken on the date of
    lending of hand loan by way of cash, the complainant has not
    produced any documents. It is true, as admitted by the
    complainant, he has not shown lending of hand loan of
    Rs.6,00,000/- by way of cash to the wife of the accused in his
    IT Returns. Merely because lending of hand loan of
    Rs.6,00,000/- on various dates as shown in the complaint was
    not disclosed in IT Returns of the complainant, it cannot be
    said that the accused has successfully rebutted the
    presumption available under Section 139 of NI Act.

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    C.C.No.9914/2023

    24. As noted above, it is the specific defense of the
    accused that cheque in question was given to one Abhiram,
    but not to the complainant. Admittedly, the accused has not
    taken any steps either against Abhiram or against
    complainant for alleged mis-use of his cheque. Mere taking
    defense that cheque given to Abhiram was mis-used by the
    complainant, is not enough to rebut the presumption available
    under Section 139 of NI Act.

    25. It is worth to note that during the cross-
    examination of complainant on 16.10.2025, it was suggested
    on behalf of the accused that Rs.6,00,000/- was paid to the
    accused as stated by Abhiram. From this suggestion, it could
    be said that the complainant has paid Rs.6,00,000/- to the
    accused by way of RTGS. It is not the defense of the accused
    that, he has repaid the amount which he taken from the
    complainant. As noted above, the accused has failed to prove
    his defense that cheque given to Abhiram was mis-used by the
    complainant.

    26. Overall assessing the evidence of the complainant,
    it is held that, the accused has failed to prove his defense that
    neither he nor his wife has taken hand loan of Rs.6,00,000/-
    each from the complainant and the false case was filed by mis-
    using the cheque which was given to Abhiram. Hence, it is
    held that the accused has failed to rebut the presumption
    available under Section 118 and 139 of NI Act.

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    C.C.No.9914/2023

    27. In view of the aforesaid discussions, in the
    considered opinion of this Court, it is held that the
    complainant has proved that, the accused has issued Cheque
    at Ex.P.1 in favour of the complainant towards discharge of
    lawful dues to the complainant. Hence, the Point No.1 is
    answered in the AFFIRMATIVE.

    POINT No.2 AND 3:

    28. These two points are taken up together for common
    discussion to avoid repetition of facts.

    It is relevant to note here that, only proving of existence
    of legally recoverable debt is not suffice to convict the accused
    for the offense punishable under section 138 of N.I.Act. In
    addition to this, the complainant has also to satisfy the
    following ingredients:-

    1. That the complainant has presented the
    said cheuqe for encahsment within its
    validity period;

    2. That the said Cheque has been returned
    unpaid for want of sufficient funds in the
    account of the accused;

    3. That the complainant has issued
    statutory notice demanding the amount
    covered under the Cheque to the accused
    within the stipulated period of 30 days
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    C.C.No.9914/2023

    form the date of receipt of notice of
    dishonour of Cheques in question;

    4. That the accused has failed to comply
    with, the demand notice issued, within the
    statutory period of 15 days from the date
    of receipt of such statutory notice; and

    5. That the complaint has been presented
    within the period of one month after expiry
    of 15 days from the date of receipt of
    statutory notice issued to the accused as
    provided under section 142 of N.I.Act.

    29. It is seen that the complainant has got the
    demand notice on 20.01.2023 at Ex.P.3 issued within
    stipulated period of 30 days from the date of receipt of
    intimations of dishonor of Cheque.

    30. It is one of the arguments of the learned counsel
    for the accused that accused has not been served with the
    notice.

    31. It is seen that as per Ex.P.6, postal track
    consignment, accused has been served with the notice on
    25.01.2023 which was sent to the residential address of the
    accused. The notice sent to the business address of the
    accused returned with postal shara “UNCLAIMED”.

    32. The Hon’ble Apex Court in the decision reported in
    2007 (6) SCC 555 between C.C.Alavi Haji Vs. Palapetty
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    C.C.No.9914/2023

    Muhammed and another has held that”Insofar as the question
    of disclosure of necessary particulars with regard to the issue
    of notice in terms of proviso (b) of Section 138 of the Act, in
    order to enable the Court to draw presumption or inference
    either under Section 27 of the G.C. Act or Section 114 of the
    Evidence Act, is concerned, there is no material difference
    between the two provisions. In our opinion, therefore, when
    the notice is sent by registered post by correctly addressing
    the drawer of the cheque, the mandatory requirement of issue
    of notice in terms of Clause (b) of proviso to Section 138 of the
    Act stands complied with. It is needless to emphasise that the
    complaint must contain basic facts regarding the mode and
    manner of the issuance of notice to the drawer of the cheque.
    It is well settled that at the time of taking cognizance of the
    complaint under Section 138 of the Act, the Court is required
    to be prima facie satisfied that a case under the said Section is
    made out and the aforenoted mandatory statutory procedural
    requirements have been complied with. It is then for the
    drawer to rebut the presumption about the service of notice
    and show that he had no knowledge that the notice was
    brought to his address or that the address mentioned on the
    cover was incorrect or that the letter was never tendered or
    that the report of the postman was incorrect. In our opinion,
    this interpretation of the provision would effectuate the object
    and purpose for which proviso to Section 138 was enacted,
    namely, to avoid unnecessary hardship to an honest drawer of
    a cheque and to provide him an opportunity to make amends”.

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    C.C.No.9914/2023

    33. It is true, when the notice issued to the accused to
    his correct address returned with shara “Refused or
    Unclaimed or Door Locked” then it has to be presumed that
    the accused has been duly served with notice. It is burden
    upon the accused to prove that the address for which notice
    sent was not his proper and correct address. If the accused
    proves that notice was not sent to his last known correct
    address then the complainant has to prove that the accused
    has intentionally avoided to take notice though it was sent to
    his correct and proper address.

    34. It is not the defense of the accused that the
    addresses for which notice was sent are not the correct and
    proper address of the accused. Under the circumstances, it
    could be said that the complainant has rightly issued the
    notice to the correct addresses of the accused.

    35. When the notice which was sent to correct and
    proper address of the accused returned with postal shara
    “NOT CLAIMED/UNCLAIMED”, then it has to be presumed
    that accused has been duly served with the demand notice.
    Even as per Ex.P.6 also accused has been duly served with
    notice on 25.01.2023. Hence, it is held that there is no merit
    in the argument of the learned counsel for the accused that
    accused has not been served with the demand notice.

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    C.C.No.9914/2023

    36. It is evident from the file that the complainant has
    presented the present complaint on 06.03.2023 i.e., within the
    period of one month after expiry of 15 days from the date of
    receipt of the legal notice by the accused.

    37. From the above documentary evidence, it is held
    that, in this case, all the ingredients of section 138 of N.I Act
    have been complied with.

    38. In view of the aforesaid discussions, in the
    considered opinion of this Court, the complainant has proved
    the Point No.2 and 3 beyond all reasonable doubt. Therefore,
    the Point No.2 and 3 are answered in the AFFIRMATIVE.

    POINT No.4:

    39. On going through the entire oral and documentary
    evidence on record, the conduct of the accused goes to show
    that he has issued the cheque in question at Ex.P.1 without
    maintaining sufficient amount in his account. This shows the
    intention of the accused is to defraud the complainant and to
    escape from his liability to pay the cheque amount.

    40. In the instant case, accused issued cheque in
    question to the complainant towards repayment loan which
    was due by his to the complainant but, he has failed to keep
    up his promise which amounts to unjust enrichment for which
    complainant is to be compensated. Hence, having been
    20
    C.C.No.9914/2023

    considering the aforesaid aspects and also in view of foregoing
    answers on Point No.1 to 3, the accused is liable to be
    punished under section 138 of N.I.Act.

    41. Considering the length of the case, amount under
    the cheque, reasonable rate of interest from the date of
    issuance of the cheque till date, the cost of expenses of the
    litigation and time spent by the complainant, this Court is of
    the view that it is proper to impose fine of Rs.7,75,000/- out of
    which Rs.7,50,000/- shall be payable to the complainant as
    compensation towards loan due to the complainant and
    remaining Rs.25,000/- towards State. Accordingly, this court
    proceeds to pass the following:-

    ORDER
    The complaint filed by the Complainant
    Society U/Sec.200 of Cr.P.C for the offence
    punishable under Section 138 of Negotiable
    Instrument Act, 1881., is hereby allowed.

    Acting under Section 255(2) of Cr.P.C., the
    accused is hereby convicted of the offence
    punishable u/S.138 of Negotiable Instruments
    Act, 1881.

    Accused is sentenced to pay fine of
    Rs.7,75,000/- (Rupees Seven Lakhs and
    Seventy Five Thousand Only), in default to
    undergo simple imprisonment for six months.

    Further, it is ordered that out of fine
    amount of Rs.7,75,000/-, Rs.7,50,000/-

    21

    C.C.No.9914/2023

    (Rupees Seven Lakhs and Fifty Thousand Only)
    shall be payable to the complainant as
    compensation and the remaining amount of
    Rs.25,000/- (Rupees Twenty Five Thousand
    Only) shall be payable towards State.

    Office to supply copy of the Judgment to
    the accused forthwith.

    The bail and surety bond of the accused
    dated 19.08.2023 stands canceled.

    (Dictated to Stenographer directly on computer, computerized
    by him, corrected and then pronounced by me in the open
    court on this the 10th day of April, 2026)

    (LAVANYA.H.N)
    LII ADDL. C.J.M., BENGALURU.

    
    
                             ANNEXURE
    WITNESSES   EXAMINED          ON       BEHALF     OF    THE
    COMPLAINANT/S:
    
    PW-1      :     SRI.P.SREERAMULU GUPTA.
    
    
    DOCUMENTS    EXHIBITED            ON   BEHALF     OT    THE
    COMPLAINANT/S:
    
    Ex.P-1         Cheque.
    Ex.P-2         Bank Memo.
    Ex.P-3         Notice dated 20.01.2023.
    Ex.P-4 & 5     Two Postal Receipts.
    Ex.P-6         Postal Track Consignment.
    Ex.P-7         Returned RPAD Cover.
    Ex.P-8         Copy of GST Registration Certificate.
                              22
                                             C.C.No.9914/2023
    
    Ex.P-9      Copy of Membership Card issued by
                Karnataka Film Chambers of Commerce
    Ex.P.10     Certified copy of Bank Pass book
                Statement of complainant.
    
    
    
    

    WITNESSES EXAMINED ON BEHALF OF THE ACCUSED/S:

    NIL

    DOCUMENTS EXHIBITED ON BEHALF OF THE ACCUSED/S:

    NIL

    (LAVANYA.H.N)
    LII ADDL. C.J.M., BENGALURU.

    
    
                                                   Digitally
                                                   signed by
                                                   LAVANYA H N
                      LAVANYA                      Date:
                      HN                           2026.04.10
                                                   17:37:58
                                                   +0530
     



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