S Suresha vs B.R.Satish on 22 May, 2026

    0
    27
    ADVERTISEMENT

    Bangalore District Court

    S Suresha vs B.R.Satish on 22 May, 2026

    KABC030433392014
    
    
    
    
          IN THE COURT OF LI ADDL. CHIEF JUDICIAL
               MAGISTRATE, BENGALURU CITY
    
             Present: Sri. KRISHNA. J, B.A., LL.B.,
                      LI Addl. Chief Judicial Magistrate,
                      Bengaluru.
    
               Dated this the 22nd day of May, 2026
    
                       C.C. No.16630/2014
    
    COMPLAINANT:       S. SURESHA,
                       S/o Late H. Siddappa,
                       R/at # 182, 33rd Cross,
                       II Main, II Block, Jaganahalli,
                       Rajajinagara,
                       Bengaluru-560010.
    
                       (Reptd. By:Sri.M.D.Paramesha, Advocate)
    
    
                                     V/s.
    ACCUSED:           B.R. SATISH,
                       S/o B.M. Rajanna,
                       Aged about 36 years,
                       R/at # 1860, 42nd Cross,
                       15th Main, III Block, Rajajinagaa,
                       Bengaluru-560010.
                       OFFICE:
                                2
                                           C.C.No.16630/2014
    
                      B.R. SATISH, Proprietor,
                      M/s Ashok Traders,
                      # 30, II Main Road,
                      APMC Yard, Yeshwanthapura,
                      Bengaluru-560022.
                      (Reptd. By: Sri.Omkar Basava Prabhu., Advocate)
    
    
                        :JUDGMENT:

    The complainant has filed the complaint alleging an

    offence punishable under Section 138 of NI Act against

    SPONSORED

    accused herein.

    2. The brief case of the complainant is as hereunder:-

    The complainant and accused are close friends, from

    several years. The accused approached the complainant on

    10.10.2009, 24.10.2009 and 01.07.2011 for financial

    assistance, borrowed Rs.2,00,000/- on 10.10.2009

    through a cheque, Rs.19,4,400/- through a cheque and

    Rs.5,600/- by cash on 24.10.2009 and Rs.2,00,000/- on

    01.07.2011, in total Rs.6,00,000/- and promised to repay

    the same in short period, when complainant demanded for

    repayment, the accused issued two post dated cheque one
    3
    C.C.No.16630/2014

    is bearing No.099446 dated 08.05.2013 for Rs.2,00,000/-

    drawn on Tumkur Grain Merchants Co-op Bank Limited,

    Dr.Rajkumar Road, II Main, E.S.I. Road, 4th Block,

    Rajajinagar, Bengaluru and another for Rs.4,00,000/-

    dated 10.06.2013 in favour of the complainant. On

    presentation of above said cheque bearing No.099446 for

    encashment by the complainant through his banker

    returned unpaid with a shara INSUFFICIENT FUNDS on

    10.05.2013 then complaint issued a notice calling the

    accused to pay the cheque amount on 07.06.2013 despite

    service of notice accused fails to pay the cheque amount.

    Hence the complaint.

    3. The complainant filed the complaint on

    20.02.2013 before 13th ACMM, Bengaluru, Later

    transferred to 19th ACMM Bengaluru vide notification

    bearing No.ADM I/I/14 of CMM Bengaluru. The sworn

    statement of the complainant recorded on 27.06.2014. On

    perusal of sworn statement and documents. The 19th

    A.C.M.M., Bengaluru ordered to register a criminal case
    4
    C.C.No.16630/2014

    and issued summons to accused. In pursuance of

    summons the accused appeared on 08.04.2015, obtained

    bail, plea of accused recorded on 15.03.2016, he pleads

    not guilty claims to have defence, then matter posted for

    complainant evidence. The complainant fails to lead his

    evidence, in the result the case dismissed for default on

    15.06.2016. The complainant filed criminal appeal before

    high court of Karnataka in Crl.Apl. No. 1907/2016, the

    Hon’ble high court of Karnataka allowed the appeal on

    09.12.2022 by setting aside the order of dismissal dated

    15.06.2016 and restored the matter in it’s original number.

    Accordingly matter restored on 18.01.2023, again accused

    appeared and obtained bail on 18.10.2023, matter posted

    for complainant evidence.

    4. The complainant examined as P.W.1 produced

    7 documents as Ex.P.1 to Ex.P.7, closed his side. Later

    case transferred to this court vide notification bearing

    No.ADM/1/12/2025 Of CJM Bengaluru. Before this court

    the statement of accused under sec.313 Cr.P.C., recorded
    5
    C.C.No.16630/2014

    on 28.01.2026 and matter posted for defence evidence. The

    accused examined as D.W.1 produced 15 documents as

    Ex.D.1 to Ex.D.15, during the cross examination of D.W.1

    the complainant confronted two documents to D.W.1 and

    they marked as Ex.P.8 and Ex.P.9. Subsequently the

    complainant/P.W.1 got recalled himself, examined further

    produced 3 documents they marked as Ex.P.8 to Ex.P.10

    (in fact they ought to have marked as Ex.P.10 to 12 by

    mistake they marked as Ex.P.8 to Ex.P.10)

    5. Heard the arguments of both side and perused

    the records. On perusal of records and upon hearing of the

    arguments, the court has raised the fallowing points for

    consideration as follows:

    POINTS

    1) Whether the complainant proves beyond
    reasonable doubt that the accused
    approached the complainant on
    10.10.2009, 24.10.2009 and 01.07.2011
    for financial assistance, borrowed
    Rs.2,00,000/- on 10.10.2009 through a
    cheque, Rs.19,4,400/- through a cheque
    and Rs.5,600/- by cash on 24.10.2009
    and Rs.2,00,000/- on 01.07.2011, in total
    6
    C.C.No.16630/2014

    Rs.6,00,000/- and promised to repay the
    same in short period, when complainant
    demanded for repayment, the accused
    issued two post dated cheque one is
    bearing No.099446 dated 08.05.2013 for
    Rs.2,00,000/- drawn on Tumakur Grain
    Merchants Co-op Bank Limited,
    Dr.Rajkumar Road, II Main, ESI Road, 4th
    Block, Rajajinagar, Bengaluru and another
    for Rs.4,00,000/- dated 10.06.2013 in
    favour of the complainant. On presentation
    of above said cheque bearing No.099446
    for encashment by the complainant
    through his banker returned unpaid with a
    shara INSUFFICIENT FUNDS on
    10.05.2013 then complaint issued a notice
    calling the accused to pay the cheque
    amount on 07.06.2013 despite service of
    notice accused fails to pay the cheque
    amount thereby committing the offence
    punishable under Section 138 of N.I.Act.?

    2) What Order.?

    6. My findings on the above points are:

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

    REASONS

    7. Point No.1: The complainant, to prove his case,

    examined himself as PW1, the affidavit filed in lieu of

    examination in chief, wherein he reiterated the complaint
    7
    C.C.No.16630/2014

    averments stated supra and produced 12 documents as

    Ex.P.1 to Ex.P.12.

    8. The Ex.P.1 cheque bearing No.099446 dated

    08.05.2013 drawn on Tumkur Grain Merchants CO-OP

    Bank Ltd., Rajajinagar branch, Bengaluru for ₹2,00,000/-

    in the name of complainant. The signature find on the

    cheque is marked as Ex.P1(a) on the assertion of PW1 that

    the signature is of accused. The Ex.P.2 cheque return

    memo dated 10.05.2013 issued by Tumkur Grain

    Merchants CO-OP Bank Ltd., Rajajinagar branch,

    Bengaluru discloses the cheque Ex.P.1 on presentation for

    encashment returned unpaid for the reason ‘funds

    insufficient’ in drawer’s account.

    9. The Ex.P.3 office copy of the notice dated

    07.06.2013 discloses the complainant on receipt of

    dishonour of cheque Ex.P.1, within thirty days, issued a

    notice calling the accused to pay the cheque amount in

    compliance of Sec.138 proviso (b) of NI Act., The Ex.P.4
    8
    C.C.No.16630/2014

    and Ex.P.5 postal receipts having issued the notice by

    registered post acknowledgment due. The Ex.P.6 and

    Ex.P.7 unserved postal covers discloses the notice Ex.P.3

    sent under Ex.P.4 and Ex.P.5 to the residence address and

    shop address of the accused returned as addressee left.

    10. The Ex.P.8 portion of deposition of accused

    given in C.C.No.12360/2013 and it is marked after

    confronting to the accused/D.W.1 during the cross

    examination, which discloses the accused in the said

    proceedings admitted the complainant herein was his

    neighbor, he know the complainant from his younger age,

    also had financial transaction with complainant and

    borrowed Rs.2,00,000/-.

    11. The Ex.P.9 certified copy of a Letter find on a

    Letter head of Ashoka Traders, discloses the accused

    acknowledging the receipt of Rs.6,00,000/- from

    complainant, issued two cheque for repayment including

    the Ex.P.1. It is relevant to note the accused disputed the
    9
    C.C.No.16630/2014

    very letter and signature alleged to be of the accused on

    the letter, as it that be.

    12. The Ex.P.8 (in fact ought to be Ex.P.10)

    statement of account of complainant held at Federal Bank

    for the period from 15.06.2011 to 30.07.2011, discloses on

    01.07.2011 he received Rs.1,95,000/- and on the same day

    he withdrawn the same.

    13. The Ex.P.9 (in fact ought to be Ex.P.11)

    statement of account complainant held at Federal Bank for

    the period from 01.12.2009 to 31.12.2009, discloses on

    24.12.2009 complainant paid Rs.1,94,400/- to B.R.Satish

    i.e accused, through a cheque.

    14. The Ex.P.10 (in fact ought to be Ex.P.12)

    statement of account of complainant held at Karur Vysya

    Bank for the period from 15.09.2009 to 20.10.2009,

    discloses on 10.10.2009 complainant paid Rs.2,00,000/-

    to B.R.Satish i.e accused, through a cheque.
    10

    C.C.No.16630/2014

    15. The P.W.1 in his cross-examination deposed he

    is a B.Sc., graduate, doing auto consultancy, real estate

    and onion trade. He knows the accused from his younger

    age, the accused is doing onion trade in the name of Akash

    traders. He mobilized ₹ 1,95,000/- after pledging gold

    ornaments and he can produce documents to that effect.

    The cheque issued 3-4 months early to the date of cheque.

    16. The accused/D.W.1 in his examination-in-chief,

    deposed he is doing onion and potato trade at APMC,

    Yashwanthapura, from 2007. He used to visit Belagavi,

    Maharastra, Bijapura. Chikkamagaluru to purchase onion

    and potato. While he was visiting so, he used to hand over

    the charge of his shop to one Prasad. In the year 2009, the

    said Prasad introduced the complainant to him, thereafter,

    the complainant used to visit his shop to purchase onion

    and potato. In year 2009, a cheque of ₹1,94,400/- was

    issued by the complainant in his favour towards purchase

    of onion and same is encashed by him. Regularly 1% of the

    trade amount has to be paid to the APMC on every
    11
    C.C.No.16630/2014

    Wednesday. Therefore, while he was going out to purchase

    onion and potato, he used to keep blank signed cheque

    with writer and Prasad to make the payment to APMC

    through the signed blank cheque. In the year 2009-10,

    Prasad and his wife availed hand loan from him and issued

    cheque for repayment. He filed a complaint against wife of

    Prasad on the basis of cheque, wherein the court ordered

    to pay ₹ 13,00,000/- to him. Thereafter Prasad is not in

    talking terms with him. In the year 2012, he took one

    Mumtaz as partner to his trade. Since Mumtaz was not

    properly managing the trade, he left Mumtaz and took one

    Gomathi as a partner to the trade, now Gomathi is looking

    after the trade and he is not visiting the shop. From 2013

    he is doing cable business. The said Prasad has taken the

    signed blank cheques kept in the shop and given to the

    complainant, got filed the case through the complainant.

    17. In support of his case accused produced in all

    15 documents, as Ex.D.1 to Ex.D.15. The Ex.D.1 certified

    copy of license certificate issued by APMC Yashwanthpura
    12
    C.C.No.16630/2014

    Bengaluru dated 09.08.2007, Ex.D.2 certified copy of

    Value Added tax registration certificate dated 03.08.2007,

    Ex.D.3 certified copy of permission issued by APMC

    Yashwanthpura, Bengaluru dated 26.06.2012, Ex.D.4

    certified copy of general body meeting held on 29.02.2012

    at APMC Yashwanthpura, Bengaluru, Ex.D.5 certified copy

    of permission issued by APMC Yashwanthpura Bengaluru

    dated 13.06.2013 and Ex.D.6 information provided to

    Prasad by APMC Yashwanthpura, Bengaluru on

    13.01.2016 under Right to Information Act., The Ex.D.1 to

    Ex.D.6 discloses the accused is doing a trade in the name

    of Ashoka Traders at APMC Yashwanthpura from 2007,

    initially alone, from 2012 under partnership.

    18. The Ex.D.7 to Ex.D.13 are certified copies of

    documents relating to cable business, they discloses the

    accused is doing cable business from 2013.

    19. The Ex.D.14 certified copy of Adhaar Card and

    Ex.D.15 certified copy of ID card issued by Election
    13
    C.C.No.16630/2014

    Commission of India, of accused, they discloses the

    accused is residing at No.132, 2nd main road, 2nd Block,

    Jugganahalli, Rajajinagar, Bengaluru.

    20. The accused in his cross examination deposed

    the Ashoka Traders is still running. He admits in

    CC.12360/2013 he deposed Suresh (complainant herein) is

    his neighbor and he knew suresh from his birth. The

    advocate for complainant suggested to D.W.1 that in

    CC.12360/2013 he has admitted to have received

    Rs.2,00,000/- from the complainant, it is denied by the

    accused. Immediately the advocate for complainant shown

    a particular part of the deposition of accused given in

    CC.12360/2013 which reads as hereunder “ನನಗೆ ಸುರೇಶ

    ಎನ್ನುವರು ಪರಿಚಯವಿರುತ್ತಾರೆ. ಸುರೇಶ್‍ ಇವರು ಅಕ್ಕ ಪಕ್ಕದ ಮನೆಯವರಾಗಿದ್ದು

    ಚಿಕ್ಕವನಾಗಿದ್ದಾಗಿನಿಂದಲೂ ಪರಿಚಯವಿರುತ್ತಾರೆ. ಅವರ ಮತ್ತು ನನ್ನ ನಡುವೆ

    ಹಣಕಾಸಿನ ವ್ಯವಹಾರ ಈಗಲೂ ಸಹ ಇರುತ್ತದೆ. 2009 ರಿಂದ 2011 ರ ವರೆಗೆ ಸುರೆಶ್‍

    ಇವರಿಂದ ರೂ.6 ಲಕ್ಷ ಹಣವನ್ನು ಪಡೆದಿರುವುದಿಲ್ಲ, ಆದರೆ ರೂ.2 ಲಕ್ಷ ಹಣವನ್ನು

    ಪಡೆದುಕೊಂಡಿದ್ದೆ.” the accused admitted the above extracted

    statement without any explanation, in the result it is

    marked as Ex.P.8.

    14

    C.C.No.16630/2014

    21. The advocate for complainant has confronted a

    certified copy of letter find on a letter head of Ashok

    Traders dated 08.02.2013 stating the said document is

    produced by the complainant in CC.5833/15 and accused

    admitted that the said document is produced by the

    complainant in CC.5833/15, therefore, it is marked as

    Ex.P.9. The letter discloses the accused to repay the loan

    amount of Rs.6,00,000/- issued two cheques including the

    Ex.P.1, herein, in favour of the complainant. The accused

    admitted he has challenged the Ex.P.9 in CC.5833/15 on

    the ground signature find on Ex.P.9 is not of his own, the

    handwriting expert has given a opinion that the signature

    is of the accused. The accused contended and deposed the

    hand writing expert not turned up for examination.

    22. The accused admitted the cheque Ex.P.1 drawn

    from the account maintained by him and disputed the

    signature.

    15

    C.C.No.16630/2014

    23. The complainant argued the cheque Ex.P.1

    drawn from the account maintained by accused, is

    admitted by the accused. The accused has not disputed the

    signature find on the cheque Ex.P.1 during the cross-

    examination of PW1 or in his examination-in-chief. Only

    when it is asked by the advocate for complainant during

    the cross-examination, he has denied the signature, it as

    an afterthought. The Ex.P.2 discloses the cheque

    dishonoured for the reason ‘funds insufficient’ not for the

    reason signature differs. Therefore, the court can presume

    the signature find on the cheque is of accused. Once it is

    established the cheque drawn from the account maintained

    by the accused and signature find on the cheque is of the

    accused, the cheque issued in favour of the complainant, it

    is a matter of presumption that the cheque is issued for

    legally recoverable debt or discharge of liability. Admission

    find in Ex.P.8, i.e., previous statement of accused,

    discloses accused borrowed ₹ 2,00,000/- from the

    complainant. Therefore, the presumption contemplated
    16
    C.C.No.16630/2014

    under Section 139 of NI Act., has become more strong.

    Thereby, the complainant successfully established that the

    cheque Ex.P.1 is issued for legally recoverable debt. The

    accused has not Issued reply to the demand notice, it

    clearly discloses that the defence set up by the accused is

    an afterthought, to avoid the liability. To prove the defence

    of the accused, that he used to keep the signed blank

    cheque in the shop while he was going out of station to

    purchase onion and potatoes, failed to examine the writer

    who was aware of the alleged fact, therefore defense of the

    accused is not acceptable. With respect to service of notice

    Ex.D.3 to Ex.D.6 clearly discloses in the address

    mentioned in the notice the accused is running a shop,

    therefore, the court can easily presume that the notice is

    sent to correct address. When notice is sent to correct

    address the presumption contemplated under Section 27 of

    General clauses Act., is in favour of the complainant. To

    prove contrary the accused has to prove the address is

    incorrect or insufficient or the complainant obtained an
    17
    C.C.No.16630/2014

    endorsement on postal cover in collusion with postal

    authorities, here no such case is made out by the

    complainant. Therefore the contention of the accused that

    the notice not served on accused is not acceptable.

    Accordingly, prays to convict the accused.

    24. The advocate for accused argued as per the

    complaint averments and affidavit filed in lieu of

    examination in chief the accused alleged to have borrowed

    the loan amount on three separate dates starting from

    10.10.2009 to 01.07.2011, the cheque issued on

    08.05.2013 that is after 3 years from the date of first

    transaction. The alleged loan transaction from the date of

    first transaction to issuance of cheque becomes a time-

    barred debt. The cheque issued for payment of time-barred

    debt is not a legally recoverable debt, because no promise

    is made in writing in view of Section 25 (3) of Contract Act.

    The transaction disclosing in Ex.P8 and Ex.P.9 i.e. bank

    statements are of previous transaction held between

    complainant and accused with respect to onion trade not
    18
    C.C.No.16630/2014

    with respect to any loan transaction. The transaction find

    in Ex.P.10 is not related to the accused and it is self-

    withdrawn amount by the complainant and said amount is

    never paid to the accused. It is argued that Ex.D.14 and

    Ex.D.15 clearly discloses the accused not residing in the

    address mentioned in the notice. Thereby, fails to comply

    Sec.138 proviso (b), which is mandatory. accordingly prays

    to dismiss the complaint.

    25. The complainant in his reply argument

    submitted though the loan transactions made in three

    different dates, the cause of action revived on each

    payment. Therefore, the cause of action last revived on the

    last payment i.e. on 01.07.2011. From the date

    01.07.2011, the cheque issued within 3 years and it is not

    a time-barred debt. Further, even assuming for the sake of

    argument it is time barred, the issuance of cheque is

    nothing but an acknowledgment of debt and a promise to

    pay the debt.

    19

    C.C.No.16630/2014

    26. On perusal of oral and documentary evidence

    and upon hearing of the arguments of the parties, it is

    clear the complainant and accused are known to each

    other from their tender age, as could be seen from Ex.P.8

    previous statement of accused and admission of given by

    the accused in his cross-examination. The accused is doing

    onion and potato trade in the name of Ashoka traders at

    A.P.M.C. Yashwanthpura since 2007. The cheque Ex.P.1

    drawn from the account maintained by the accused.

    27. The accused has not disputed the signature

    find on the cheque during the cross examination of PW1 or

    in his examination in chief. Only when it is specifically

    asked by the advocate for complainant, he simply denied

    the signature find on the cheque Ex.P1, till such time he

    did not contented so. The Ex.P.2 discloses the cheque

    Ex.P.1 dishonored for the reason funds insufficient, not for

    the reason drawer’s signature differs. If accused really

    disputed the signature find on the cheque Ex.P.1, he would

    have disputed Ex.P2 and summoned the bank officials to
    20
    C.C.No.16630/2014

    test the veracity of Ex.P2. In the absence of such effort by

    the accused, the court can infer that the signature find on

    the cheque is of accused.

    28. When it is established the cheque drawn from

    the account maintained by the accused and signature find

    on the cheque is of accused, the presumption

    contemplated under Section 139 of NI Act., that the cheque

    is issued for discharge of liability or legally recoverable debt

    in part or whole, is in favour of the complainant. In

    addition to that the Ex.P.8 previous statement of accused

    discloses the accused admitted that he has borrowed

    ₹2,00,000/- from the complainant. To disbelieve the

    Ex.P.8, the accused has not offered any explanation. With

    the help of Ex.P.8 previous statement, the presumption

    becomes more stronger in favour of complainant.

    29. When presumption raised in favour of the

    complainant, the burden shifts on accused to rebut such

    presumption by placing probable defence. In the case, the
    21
    C.C.No.16630/2014

    first and foremost defence of the accused is he had kept

    the blank signed cheques in his shop, Prasad, one of his

    friends, took the cheque and handed over to the

    complainant. To prove the said defence, the accused has

    not placed any materials before the court, much less, fails

    to examine the Writer who alleged have knows the fact that

    the accused used to keep the blank signed cheques, while

    going outside to purchase potato and onion. Therefore, the

    case of the accused that Prasad took the cheque and

    handed over to the complainant is not acceptable.

    30. The next contention of the accused is the

    demand notice Ex.P.3 is not duly issued or served on the

    accused, thereby, the complainant fails to comply proviso

    (b) of Section 138 of NI Act., which is mandatory, therefore

    no offence is made out against the accused. On perusal of

    notice Ex.P.3, the notice sent to two addresses, one to the

    shop address and another to the residential address. The

    Ex.P6 and Ex.P.7 unserved postal covers discloses they

    returned as addressee left. On perusal of Ex.D3 to Ex.D.6
    22
    C.C.No.16630/2014

    and the notice Ex.P.3 together the address of the shop is

    correctly mentioned in Ex.P3. When such is the case, the

    complainant has issued the notice to the correct address is

    duly established. When it is established, the notice is sent

    to correct address, the presumption contemplated under

    Section 27 of General Clauses Act., is in favour of the

    complainant that the notice is duly issued. To prove

    contrary, the accused has to establish the address

    mentioned in the notice is incorrect or insufficient or the

    complainant had hand in glove with postal authorities and

    obtained shara on postal covers Ex.P.6 and Ex.P.7. Here,

    the accused has not made out any such case. The only

    contention of accused is he is residing in the address

    mentioned in Ex.D14 and Ex.D.15 but he has not disputed

    the address of the shop. Therefore the the contention of the

    accused Proviso (b) of sec.138 of NI act., is not complied, is

    not acceptable.

    31. The last contention of the accused is the

    amount claimed by the complainant is a time-barred debt.
    23

    C.C.No.16630/2014

    Therefore, it is not a legally enforceable debt. In this regard

    the accused relied upon a judgment of honourable high

    court of Katakana in a case between Bidar Urban Co-

    operative Bank Ltd., Hyderabad vs Girish late Gunderao

    Kulkarni. The accused borrowed ₹2,00,000/- on

    10.10.2009, ₹2,00,000/- on 24.10.2009 and ₹2,00,000/-

    on 01.07.2011. In total, accused borrowed ₹6,00,000/-

    and to repay the total ₹6,00,000/-, accused issued two

    cheques, one for ₹ 4,00,000 and another for ₹2,00,000/-

    i.e. Ex.P.1 in the case. The advocate for accused argued

    that from the date 10.10.2009 to To 08.02.2013, 3 years

    lapsed. Therefore, the Debt is time barred one and cheque

    issued for time barred debt, is not a legally enforceable

    debt. On the other hand, advocate for complainant

    contented, the cause of action to recover the amounts is

    revised on each payment firstly on 24.09.2009 and

    subsequently 01.07.2011. The Ex.P1 is issued within 3

    years and the loan amount is not time barred one and it is

    well within time. On perusal of complaint and evidence, it
    24
    C.C.No.16630/2014

    is clear the case of the complainant is he has lent

    ₹2,00,000/- each on three occasions in total ₹6,00,000/-.

    All the loan transactions are separate and independent.

    Therefore, the Article 19 of Limitation Act is applicable to

    the case. Each transaction has separate limitation. The

    first two transactions have crossed the time limit to the

    date of cheque and the last transaction is well within time.

    It is relevant to note it is the case of the complainant, the

    accused issued two cheques, one for ₹ 4,00,000 and

    another for ₹ 2,00,000 i.e. Ex.P.1. The cheque issued for

    Rs.4 lakhs also dishonored and a case has been filed in CC

    No. 5833/15 and it is dismissed. The reason for dismissal

    is not forthcoming before the court and Both the parties

    have failed to produce the judgment of the said case.

    Therefore, it is held the cheque issued for 4 lakhs is for

    transaction held prior to 01.07.2011 and the cheque

    Ex.P.1 issued for the transaction held on 01.07.2011, and

    it is well within time. Accordingly I answered Point No.1 in

    the affirmative.

    25

    C.C.No.16630/2014

    32. Point No.2: As stated supra the complainant

    has proved the guilt of the accused. The cheque issued to

    the date 08.05.2013 and the matter came for disposal on

    this day after completion of 13 years. It is relevant to note

    this case was dismiss for default on 15.06.2016,

    subsequently restored on 18.01.2023 by the order of

    hon’ble high court in Crl.A.1907/2016. To compensate the

    complainant is it just and necessary to impose fine

    calculating the interest at 6% per anum on the cheque

    amount, leaving the period from dismissal for default till

    restoration. Therefore, the complainant is entitled to

    compensation of Rs.2,75,000/- hence the following:-

    ORDER

    Acting under Section 255(2) of Cr.P.C.,
    the accused is hereby convicted for the
    offence punishable u/S.138 of Negotiable
    Instruments Act., and sentenced to pay fine
    of Rs.2,80,000/- (Rupees two lakh eighty
    thousand only), in default he shall undergo
    simple imprisonment for a period of 6 (Six)
    months.

    26

    C.C.No.16630/2014

    In view of Section 357 of Cr.P.C.,
    complainant is entitled to compensation of
    Rs.2,75,000/ (Rupees two lakh seventy five
    thousand only) out of above said fine
    amount.

    After collecting the above fine amount,
    office is directed to pay Rs.2,75,000/
    (Rupees two lakh seventy five thousand
    only) to complainant as compensation and
    defray remaining fine amount of Rs.5,000/-

    (Five Thousand only) to state, after appeal
    period is over.

    However, accused shall execute
    personal bond of Rs.2,80,000/- in view of
    Sec.437(A) of Cr.P.C.

    The office is hereby directed to supply
    the copy of this Judgment to the accused on
    free of cost.

    (Directly dictated to Stenographer on computer, computerized by him, corrected and
    then pronounced by me in the open court on this the 22nd day of May 2026)

    (KRISHNA.J)
    LI ADDL. C.J.M., BENGALURU.

                              27
                                        C.C.No.16630/2014
    
                          ANNEXURE
    
    LIST  OF   WITNESSES          EXAMINED      FOR   THE
    COMPLAINANT:
        PW-1       :     S. Suresha
    

    LIST OF DOCUMENTS MARKED FOR THE COMPLAINANT:

        Ex.P-1     :     Original Cheque
        Ex.P-1(a) :      Signature
        Ex.P-2     :     Cheque return Memo
        Ex.P-3     :     Legal notice
        Ex.P-4 & 5 :     Postal receipts
        Ex.P-6 & 7 :     Unserved RPAD covers
    
    

    LIST OF WITNESSES EXAMINED FOR THE DEFENCE:

    Nil
    LIST OF DOCUMENTS MARKED FOR THE DEFENCE:

    Nil

    (KRISHNA.J)
    LI ADDL. C.J.M., BENGALURU.



    Source link

    LEAVE A REPLY

    Please enter your comment!
    Please enter your name here