Smt. N.U. Saraswathi vs Vivekananda .H.S on 4 July, 2026

    0
    5
    ADVERTISEMENT

    Bangalore District Court

    Smt. N.U. Saraswathi vs Vivekananda .H.S on 4 July, 2026

                                                  CC.No.16911/2022
    
    
    
    
    KABC030440802022
    
    
    
    
                                Presented on : 06-06-2022
                                Registered on : 07-06-2022
                                Decided on     : 04-07-2026
                       Duration : 4 years, 0 months, 28 days
    
    
          IN THE COURT OF THE XVI ADDITIONAL CHIEF
              JUDICIAL MAGISTRATE, BENGALURU CITY
    
                Dated: This the 4th day of July 2026
    
              Present: Smt.Tejaswini K.M., B.A.L.LL.M,
                        XVI Addl.C.J.M., Bengaluru City.
    
                           CC. No.16911/2022
    
             Smt.N.U.Saraswathi
             W/o K.Vishwanath Singh
             Aged about 51 years
             R/at No.202, 2nd Floor,
             2nd Main Road, Ganganadi Road,
             Srinagar, Bengaluru - 560050.
    
                                       ....Complainant
    
               (By Sri K.V.R., Advocate)
    
                                Versus
                       2                         C.C.16911/2022
    
    
    
            Vivekananda H.S
            S/o Late.Subbegowda
            Aged about 55 years
            No.2785 A, 7th Main Road,
            Kumaraswamy Layout, 2nd Stage,
            Bengaluru - 560078.
    
            Also at
            Vivekananda H.S
            S/o Late.Subbegowda
            Senior Electrician
            Generator Room, Near Vakkaligara
            Sangha, Dental College Hospital,
            BIT Campus, V.V.Puram, K.R.Road,
            Bengaluru - 560004.
    
            And also at
            Vivekananda H.S
            S/o Late.Subbegowda
            Senior Electrician
            Handagi Village,
            Konanuru Hobli,
            Arakalagudu Taluk,
            Hassan District.
    
    
                                         .... Accused
    
             (By Sri C.P.P., Advocate)
    
    
    Offence complained :      U/Sec.138 of Negotiable
                              Instrument Act.
                          3                          C.C.16911/2022
    
    
    Date of commencement
    of evidence                      : 16.03.2022
    
    Date of closing evidence         : 16.09.2025
    
    Opinion of the Judge             : Accused found guilty
    
    Offence complained               : U/Sec.138 of Negotiable
                                       Instrument Act.
    
    Opinion of the Judge        : Accused found guilty
    
    
    
                             JUDGMENT
    

    This case is registered against the accused for the

    offence punishable U/s 138 of Negotiable Instruments

    Act.

    2. Factual matrix of the complainant’s case is as

    under:

    It is stated that she is working in KIMS, Bengaluru

    as nurse and accused is also working in the same hospital

    as electrician and the accused is running the chit

    business, in which the complainant has become a

    member during the year 2008 to 2018 and she has paid

    more than Rs.25 lakhs towards the chit amount to the

    accused. After completion of the payment of chit amount
    4 C.C.16911/2022

    the complainant has requested the accused to pay back

    the chit amount. That time accused went on postponing

    to repay the said amount. After persistent request made

    by the complainant, towards discharge of his part liability,

    the accused has issued 4 cheques bearing Nos.180882

    dated 17.06.2021, cheque bearing No.180883 dated

    22.06.2021 for Rs.2,00,000/-, cheque bearing No.575390

    dated 22.06.2021 for Rs.10,00,000/- and cheque bearing

    No.575391 dated 22.06.2021 for Rs.10,00,000/-, drawn on

    Syndicate Bank, BIT Vishveshwarapuram, Bengaluru in

    favour of the complainant.

    3. Further, accused has assured to pay the balance

    amount of Rs 50,000 within a short date. As per the

    request of the accused, the complainant has presented

    those cheques to the bank, but they got dishonored for

    the reason ‘funds insufficient’ vide memos dated

    18.06.2021 and 23.06.2021 respectively. The complaint

    has issued a legal notice on 07.07.2021 through RPAD to

    the accused calling upon him to make payment of the

    cheques. The notices sent to the first address of the

    accused has been served upon the accused on

    09.07.2021, the notice sent to the second address has
    5 C.C.16911/2022

    been returned as ‘addressee refused’ on 09.07.2021 and

    notice sent to the third address of the accused has been

    returned as ‘addressee not in station’ on 16.07.2021.

    However the accused has not paid the cheque amount.

    Hence the complainant has constrained to file the present

    complaint.

    4. After receiving the complaint, this court has

    meticulously gone through the documents and affidavit

    filed along with it and then took cognizance of the offence

    punishable U/sec.138 of Negotiable Instruments Act and

    ordered for registration of the compliant as P.C.R.

    5. Sworn statement of the complainant was

    recorded and marked 22 documents as Ex.P-1 to P-22. As

    there were sufficient materials to constitute the offence,

    this court has proceeded to pass an order for issuing

    process against the accused.

    6. In pursuance of summons, accused has appeared

    through his counsel and applied for bail. He was enlarged

    on bail. Then the substance of accusation was read over

    to the accused in the language known to him, for which

    he pleaded not guilty.

    6 C.C.16911/2022

    7. As per the direction of Hon’ble supreme court in

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

    reported in (2014)(5) SCC 590, this court treated the

    sworn statement of the complainant as complainant

    evidence and posted matter for cross-examination of

    PW.1. The counsel for the accused has fully cross-

    examined PW.1. Thereafter the complainant closed her

    side of evidence.

    8. The statement of accused as contemplated under

    the provisions of Section 313 of Cr.P.C has been recorded

    vide order dated 09.12.2024 and the incriminating

    evidence as such forthcoming against the accused in the

    evidence of PW.1 and the documents has been read over

    and explained to the accused in the language known to

    him. He denied all incriminating evidence.

    9. In order to substantiate his defense, the accused

    got himself examined orally as DW.1 and got marked

    Ex.D1 and he had been cross-examined by the learned

    counsel for the complainant.

    10. I have heard the arguments of the learned

    counsel for both the side. The counsel for both side filed

    memo with citations. I have perused the oral and the
    7 C.C.16911/2022

    documentary evidence placed on record and gone

    through those case laws.

    11. Points that arise for my consideration are as

    under:

    1. Whether the complainant proves that the
    accused towards discharge of his liability

    issued 4 cheques bearing No.180883 dated

    22.06.2021 for Rs.2,00,000/-, cheque bearing

    No.575391 dated 22.06.2021 for

    Rs.10,00,000/-, cheque bearing No.575390

    dated 22.06.2021 for Rs.10,00,000/- and

    cheque bearing No.180882 dated 17.06.2021

    for Rs.2,50,000/-, drawn on Syndicate Bank,

    BIT, Vishweshwarapuram Branch, Bangalore

    in favour of complainant, on presentation of

    the same for encashment, they were

    dishonored for “Funds Insufficient” in the

    account maintained by the accused, then in-

    spite of issuing demand notice to the

    Accused and in complying with statutory

    requirement under Negotiable Instrument

    Act, Accused did not repay the cheques

    amount, thereby he has committed an
    8 C.C.16911/2022

    offence punishable U/s 138 of Negotiable

    Instruments Act?

    2. What Order?

    12. My Answer to above points are as under:-

               Point No.I      :- In the Affirmative,
               Point No.II     :- As per the final order for
                                  the following....
                           REASONS
    
    

    13. POINT NO.I:- The Defense of the accused that:

    In 2015 he was running chit business. In the said chit

    transaction, the complainant was participating. As such he

    had given his two signed blank cheques to the

    complainant in 2016. In 2018 the complainant has told

    him that his old cheques cannot be encashed and asked

    to give two new cheques. Thereby taken two new cheques

    from him. In 2020 he has taken a loan of Rs6,90,000/-

    from Repco Bank by pledging his gold. Out of that

    amount, he has given Rs4,00,000/- to the husband of the

    complainant. He had given the disputed cheques between

    2016 to 2018 to the husband of the complainant, as he

    was doing the transaction with the husband of the
    9 C.C.16911/2022

    complainant. He has no transaction with the complainant.

    He has stopped the said chit business in 2017 itself. He

    has not executed Ex.P22 in favour of the complainant. His

    cheques are misused by the complainant. Hence, on these

    grounds, accused prays to acquit him from this case.

    14. Gist of the arguments of counsel for the

    Complainant.

    The counsel for the complainant has vehemently

    argued that since the accused has admitted his signatures

    on the disputed cheques, issuing of cheques is proved by

    the complainant and thereby she is entitled to get the

    benefit of initial presumption. He argued that the accused

    has failed to prove his defence that his security cheques

    are misused by the complainant or her husband. He failed

    to prove the transaction with the husband of the

    complainant, as no proof is produced before the court. He

    argued that when the accused has admitted the issuance

    of the cheques, based on the stray admission given by

    PW1 in cross-examination entire case of the complainant

    cannot be suspected. He argued that as per the

    complainant’s evidence, the last payment was made in

    2021 March, as such, the complaint is not barred by law of
    10 C.C.16911/2022

    limitation. The accused has failed to take any legal action

    against the complainant or her husband if his security

    cheques are misused. Therefore, he prays to convict the

    accused.

    15. Advocate for complainant has relied on the

    citations reported in AIR 2023 SC 5018 in between Rajesh

    Jain V/s Ajay Singh and AIR 1999 SC 3762 in between

    K.Bhaskaran V/s Sankaran Vaidhyan Balan another

    and Crl.R.No.188/2025 in between Sohan Lal V/s Jagdish

    Kumar Sharma, I have gone through those case laws.

    16. Gist of the arguments of the counsel for the

    accused.

    The counsel for the accused has vehemently argued

    that there is no pleading regarding when exactly the chit

    amounts were paid by the complainant. No documentary

    proof is produced to believe that the accused was running

    chit transaction and complainant has paid money to him.

    He argued in 2018 itself the complainant has allegedly

    stopped making payment towards the chits. But the

    cheques are presented in 2022. As such the complaint is

    barred by law of limitation. He argued that the

    complainant has no financial capacity to pay such huge
    11 C.C.16911/2022

    amount towards the chit, as her meager salary is suffice

    to maintain her expenses, rent and for payment of EMI as

    per her evidence. He argued that the Ex.P22 document

    has been created for the purpose of the case. The amount

    shown in Ex.P22 and the amount shown in the disputed

    cheques are not tallying with each other. Therefore, the

    complainant has filed this case for excess amount than

    what is shown in Ex.P22. He argued that the complainant

    has not proved that the accused himself has executed Ex.

    P22 by sending it to the FSL. Therefore, it cannot be

    admitted. He argued that as the complainant admitted

    that after receiving the cheques, within 3 years she has

    not presented the cheques, as such on that ground also

    the complaint is not maintainable, hence he prays to

    acquit the accused.

    17. Advocate for accused has relied on the citations

    reported in Crl.A.No.473/2019(A) in between Purandara

    Rai V/s Naveendra Naik, Crl.A.No.200057/2016 in

    between The Bidar Urban Co-operative Bank Ltd., V/s

    Mr.Girish, Crl.A.No.545/2010 in between K V Subba

    Reddy V/s N.Raghava Reddy, Special Leave to Appeal

    (Crl.) No.1785/2001 in between Sasseriyil Joseph V/s
    12 C.C.16911/2022

    Devassia, 2001 CRI.L.J.24 in between Sasseriyil Joseph

    V/s Devassia, Crl.A.No.505/1995 in between Girdhari Lal

    Rathi V/s P.T.V. Raniaunjachari and another,

    Crl.A.No.302/2010 in between K.N.Raju V/s Manjunath

    T.V, 2011(3) KCCR 1825 in between M/s United

    Distributors, Mangalore V/s Smt.Geetha K.Rai, (2006) 6

    SCC 39 in between M.S.Narayana Menon Alias Mani V/s

    State of Kerala and another, (2015) 1 SCC 99 in between

    K.Subramani V/s K.Damodara Naidu, Crl.A.No.533/2015

    in between H V Jagannatha V/s Prabhakar B.J, (2023) 1

    SCC 578 in between Dashrathbhai Trikambhai Patel V/s

    Hitesh Mahendrabhai Patel and another, (2014) 12 SCC

    539 in between Indus Airways Private Limited and

    others V/s Magnum Aviation Private Limited and

    another, Crl.A.No.1432/2003 in between Joseph Sartho

    V/s Gopinathan Nair, Crl.R.P.No.56/2019 in between

    R.Hanumantharaya V/s A.P.Krishnakumar,

    Crl.R.P.No.1456/2022 in between Khaleel Khan.P V/s

    Shankarappa, Crl.M.C.No.2224/2009 in between M/s

    Alliance Infrastructure Project Pvt Ltd and others V/s

    Vinay Mittal, Crl.M.C.No.2225/2009 in between Alliance

    Infrastructure Project Pvt Ltd and others V/s Sanjheev
    13 C.C.16911/2022

    Kapur and 2011 (1) DCR 135 in between Karamvir V/s

    Ms.Anita Sharma, I have gone through those case laws.

    18. Negotiable Instruments Act provides for some

    presumption in favour of the complainant i.e., Section 118

    reads as here: – “That every negotiable instrument was

    made or drawn for consideration and that every such

    instrument when it has been accepted, endorsed,

    negotiated or transferred was accepted, endorsed,

    negotiated or transferred for consideration”.

    19. Further Sec 139 of the Negotiable Instruments

    Act provides for presumption in favour of a holder. It

    reads as here: – “It shall be presumed, unless the contrary

    is proved, that the holder of a 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.”

    20. Combined reading of above said sections raises

    a presumption in favour of the holder of the cheque that

    he has received the same for discharge in whole or in part

    of any debt or other liability. However, it is settled

    principle of law that the presumption available u/s 139 NI
    14 C.C.16911/2022

    Act can be rebutted by the accused by raising a probable

    defense.

    21. The complainant has reiterated the contents of

    the complaint in her chief-examination. She has got

    marked Ex.P1 to P22. She has produced the cheques

    issued by accused and the same are marked as Ex.P-1 to

    P-4, the signatures of the accused are marked as Ex.P-1(a)

    to 4(a), copies of bank memos are marked as Ex.P-5 to P-

    8, copy of demand notice dated:07.07.2024 is marked as

    Ex.P-9, copies of postal receipts are marked as Ex.P-10 to

    P-12, copy of postal acknowledgment is marked as Ex.P-

    13, copies retunred notices are marked as Ex.P-14 & 15,

    postal covers are marked as Ex.P-16 & 17, copies of postal

    receipts are marked as Ex.P-18 & 19, complaint is marked

    as Ex.P-20, copy of account statement is marked as Ex.P-

    21 and one small diary is marked as Ex.P-22. She has been

    duly cross-examined by the counsel for the accused.

    22. Percontra, the accused has also stepped into

    witness box and orally deposed about his defense as

    stated supra and he has been cross-examined by the

    counsel for the complainant.

    15 C.C.16911/2022

    23. At the outset, the acquaintance between the

    parties is not in dispute, as both parties have admitted

    with each other that they are working in KIMS hospital.

    Further, the accused admitted his signatures on the

    cheques and issaunce of cheques. On perusal of Ex.P1 to

    Ex.P4 cheques it is evident they belong to the account of

    the accused maintained in Syndicate Bank and they are

    duly signed by him. All four cheques are dishonored for

    the reason ‘funds insufficient’, as per bank memos

    marked at Ex.P5 to Ex.P8. Thereby the complainant has

    prima facie proved that the accused has issued the

    disputed cheques and they are duly signed by him.

    24. Therefore, initial presumption U/Sec.118 and

    139 of NI Act has to be drawn in favour of the

    complainant as the Honorable Supreme Court of India in

    Triyambak S Hegde v Sripad” (2022) 1 SCC 742 while

    relying upon the the constitution bench judgment of

    Basalingappa v Mudibasappa (2019) 5 SCC 418, under

    para 14 of its judgment reiterated that

    “once the cheque was issued and that the
    signatures are upon the cheque are accepted by
    the accused, the presumptions undee Sec 118 and
    139 of the NI Act arise against the accused. That is,
    16 C.C.16911/2022

    unless the contrary is proved, it shall be presumed
    that the cheques in question were drawn by the
    accused for a consideration and that the
    complainant had received the cheque in question
    in discharge of debt/liability from the accused.”

    25. As per Sec.118 and 139 of NI Act initial

    presumption has to drawn infavour of the complainant

    that cheques were issued in discharge of legally

    enforceable debt. The burden lies on the accused to rebut

    the said initial presumption on the scale of

    preponderance of probabilities.

    26. In nutshell case of the complainant is that she

    has invested more than Rs.25,00,000/- in the chit

    transaction with the accused between 2008 to 2018 and

    towards repayment of part of the said chit amount, the

    accused has issued the disputed cheques. When they are

    presented to the bank, they got dishonoured for the

    reason ‘funds insufficient’. Despite of issuance of legal

    notice to the accused, he failed to pay back the cheques

    amount. Hence the complaint is constrained to file this

    case.

    27. The complainant has reiterated her case in her

    chief examination. During cross-examination also she has
    17 C.C.16911/2022

    deposed that she was paying the chit amount to accused

    between 2008 to 2018. She has specifically deposed she

    has taken chits worth of Rs 5,00,000/- and Rs.3,50,000/-

    and Rs 70,000/- from the accused. She deposed for last

    time in 2018 March she has invested for cheque. She

    denied the suggestion that after completion of the chit

    term, she used to take back the entire amount from the

    accused.

    28. Further in the cross-examination dated

    06.01.2024, in Para No. 2, PW1 has specifically deposed

    that between 2008 to 2018 she has totally invested a paid

    RS 24,50,000/- to the accused. She used to pay Rs

    20,000/-, Rs 40,000, Rs 60,000/- towards chit installments.

    Every chit was for a term of 25 to 30 months. She deposed

    accused was receiving the said chit installments by way of

    cash. She deposed that she was saving around RS 50,000/-

    to Rs 60,000/- per month. She is paying rent of RS

    10,500/- per month to her house. She deposed that

    accused has written about chit amount in a

    document/small book and given to her. She deposed in

    the presence of her husband, the accused has given all

    four cheques to him in his office.

    18 C.C.16911/2022

    29. Further in the cross-examination dated

    12.03.2025, PW1 has deposed that in 2018 she was

    getting a salary of Rs 52,000/- and after deductions, she

    was getting RS 49,000/- pm . She also deposed she was

    paying EMI to her loan to an extent of Rs.15,771/-. She

    deposed that her husband is doing business. He was

    doing multiple businesses as such she cannot tell his

    exact income or about his business. Per month she has

    paid RS 40,000/- to the accused.

    30. Therefore above cross examination of PW1

    clearly shows that she has consistently deposed that every

    month she has paid an chit installment amount to the

    accused between 2008 to 2018. The counsel for the

    accused has vehemently argued there is no proper

    pleading as to how much amount she has paid every

    month in the complaint. No proof is produced to show

    that said amount was given to the accused or to prove

    accused was involved in doing said chit transaction

    business with her.

    31. It is material to note here that in the chief

    examination, the accused has unequivocally admitted that

    in 2015 he was doing chit business. He has also deposed
    19 C.C.16911/2022

    that the complainant was participating in the said chit

    transaction. Further in his cross-examination dated

    28.06.2025 para No.2, he has admitted the suggestion of

    the counsel for the complainant that he was doing chit

    business. He voluntarily deposed that he was doing the

    said business for about 15 years between 2010 to 2018.

    He also deposed he might have done the said business

    between 2008 to 2018. He deposed that initially he was

    doing a said chit transaction of Rs 50,000/- and later he

    was doing it upto Rs 2,00,000/- to RS 3,00,000/- ie chits

    amount. Every chit was running for about 25 to 30

    months. He also admitted the suggestion that the staff

    members of the KIMS Hospital are the participants in the

    said chit transaction and he voluntarily deposed even

    outside people were also participating in the said

    business.

    32. Therefore, the evidence of the accused itself

    proves that though he is an employee in the KIMS

    Hospital, he was engaged in doing chit business and he

    has voluntarily deposed that he done the said chit

    business for about 15 years between 2008 to 2018. It is

    important to note here that without obtaining license,
    20 C.C.16911/2022

    being a government servant the accused was doing said

    chit transaction. Whether he can do said business is a

    different aspect. But he has solicited money from the

    public including staffs of the said hospital for said chit

    transaction is a point to be considered by this court to

    decide the dispute in question. As the accused himself

    has admitted that he was doing the said chit transaction,

    that requires no further proof, as admitted facts need not

    to be proved as per Sec 58 of Evidence Act. Hence, the

    case of the complainant that accused was doing chit

    business to which she has invested money is clearly

    established.

    33. In view of initial legal presumption given under

    Section 118 and 139 of NI Act, this Court shall prima facie

    consider that the cheques are drawn for consideration i.e.

    the complainant has paid the chit amount to the accused

    and the accused has issued the disputed cheque in

    discharge of the said liability .

    34. In AIR 2023 SC 5018 in between Rajesh Jain V/s

    Ajay Singh, Apex court held that

    “31. Presumption, on the other hand, literally means
    “taking as true without examination or proof”. In
    21 C.C.16911/2022

    Kumar Exports v. Sharma Exports, this Court
    referred to presumption as “devices by use of which
    courts are enabled and entitled to pronounce on an
    issue notwithstanding that there is no evidence or
    insufficient evidence.”

    35. Therefore before questioning source of income

    of the complainant and other details as sought by the

    counsel for the accused in the cross-examination of PW1,

    it is incumbent upon the accused to rebut the initial

    presumption given in favour of the complainant on the

    scale of preponderance of probabilities.

    36. In the given case the accused himself has

    admitted that he was doing chit transaction between the

    year 2008 to 2018. Therefore the burden completely lies

    on the accused to establish his defence and rebut the

    initial presumption given in favour of the complainant.

    37. It is material to note here that in the beginning

    of his chief examination the accused has deposed that the

    complainant was participating in the chit transaction done

    by him and he had given two signed cheques for the

    purpose of security to the complainant in 2016. Whereas

    subsequently, the accused has deposed that he never
    22 C.C.16911/2022

    done any transaction with the complainant. The husband

    of the complainant has done cheque transaction with him

    and he has given the disputed cheques to the husband of

    the complainant and not to the complainant. Thus here

    itself court can notice two versions of the accused about

    to whom he has given cheques.

    38. Further the counsel for the accused has not

    made any single suggestion to PW1 in the cross-

    examination, about how the cheques went into the

    custody of the complainant. Though the counsel for the

    accused has cross examined PW1 multiple times, no

    suggestion is made to PW1 that the husband of the

    complainant has invested or paid the chit amount to the

    accused, in that connection, accused has issued 4 cheques

    to the husband of the complainant. In fact contention

    taken by the accused in his defence evidence is not at all

    reflected in the form of suggestions to PW1 in cross

    examination.

    39. In the cross-examination dated 07.02.2024, in

    the last para, the counsel for the accused has suggested

    to PW1, since the accused has his own house, he was not

    in need of taking chit amount from the complainant and
    23 C.C.16911/2022

    same is denied by her. Therefore, the contention taken by

    the accused in his chief and in the cross examination of

    the PW1 is not at all tallied which gives an hint that the

    accused has improvised his defence and the contention

    taken by the accused in his chief examination is an

    afterthought.

    40. Secondly, in the chief examination the accused

    has not at all deposed how much amount he has allegedly

    received from the husband of the complainant. When he

    has received? What is the total amount of the chit? For

    how many months the said chit was existed? How many

    installments were paid by the husband of the

    complainant? When it is ended?. these are all material

    particulars required to believe the version of the accused

    that the husband of the complainant has invested for chit

    with the accused. However, no such particulars are

    provided by the accused. As the initial burden lies on the

    accused to rebut the presumption, these information

    ought to have been provided by the accused. However, he

    has not given such information in his chief examination

    and even in the cross examination of PW1 the counsel for

    the accused has not made such suggestion. Under such
    24 C.C.16911/2022

    circumstances his contention that by taking loan of Rs

    6,99,000/- in Repco bank, he has paid RS 4,00,000/- to the

    husband of the complainant has no foundation or basis

    itself.

    41. The accused has produced the loan ledger

    extract marked at Exhibit D1, which shows that he has

    taken a loan of Rs 6,99,000/- from Repco Bank on

    17.12.2020. The accused contends he has given Rs

    4,00,000/- out of the said Rs 6,99,000/- to the husband of

    the complainant. To prove the said factor, no iota of

    evidence is produced before the court, except the oral say

    of the accused. Since the accused has received the said

    loan amount directly to his account, if at all any such

    amount was due to pay to the husband of the

    complainant, the accused could have directly transferred

    the money to the account of the husband of the

    complainant. What prevented him to transfer money to

    the account of the husband of the complainant or to take

    any acknowledgment for having advanced such huge

    amount of RS 4,00,000/- to the husband of the

    complainant is not forthcoming.

    25 C.C.16911/2022

    42. In the chief examination, accused has deposed

    that he has initially given two cheques to the husband of

    the complainant in 2016 and subsequently Two further

    cheques were given to the husband of the complainant in

    2018 at one breath. At another breath he deposed that in

    2018 the complainant has told him that old cheques

    cannot be encased as such, by stating so, the complainant

    has received further two signed cheques from him.

    Therefore in the chief examination itself there is a

    contradiction regarding to whom the accused has handed

    over the cheques, whether it is to the husband of the

    complainant or to the complainant.

    43. However in the cross examination at para No.3,

    he deposed that in 2016 and in 2018 he has given his

    signed cheques only for the purpose of security. Now, the

    question to be considered by the court is for which

    security he has issued his 4 cheques to the complainant or

    to the husband of the complainant. Admittedly the

    accused is a government employee, who has complete

    knowledge about the potential consequences of issuing

    blank signed cheques. It is noticed by the court that all the

    cheques at Ex.P1 to Ex.P4 are belongs to the same
    26 C.C.16911/2022

    account of the accused maintained in Syndicate Bank, BIT,

    Vishveswara Puram, Bengaluru branch.

    44. If at all the complainant has told him that old

    cheques cannot be encashed, as such she asked him to

    give new cheques, then accused ought to have enquir

    why his old cheques are not encashed by the

    complainant. If he was not due to pay any amount there

    was no reason for the complainant to tell that old cheques

    cannot be encashed. There was no reason for the accused

    to issue further two cheques to the complainant or his

    husband. Therefore there is no clarity in the evidence of

    the accused regarding issues of cheques in the year 2016

    and 2018. Admitted issuance of fresh cheques in 2018

    probabilises the existence of a continuing financial

    transaction between the parties on that date. The

    issuance of fresh cheques, particularly in replacement of

    earlier cheques, is a circumstance that reasonably

    indicates acknowledgment of a subsisting liability.

    45. Assuming for a moment that initially in 2016 the

    accused has issued two cheques and subsequently in

    2018 he has issued further two cheques for the sake of

    arguments, any prudent person would before handing
    27 C.C.16911/2022

    over two new signed cheques, will make endeavour to get

    back his earlier two cheques. But without making such

    endeavour, without collecting back his old cheques, the

    accused claims that he has issued further two cheques

    and same creates suspicion about the defence of the

    accused.

    46. The accused contends that he has issued 4 blank

    signed cheques to the complainant’s husband. Without

    ascertaining what is the outstanding liability, no prudent

    person would have given such number of cheques,

    especially for an meager amount of Rs 4,00,000/- as per

    the accused. At least for the second time, when the

    accused claimed that he has issued two cheques at that

    time he could have ascertained the outstanding balance

    and written the exact amount in the cheques before

    giving the cheques. Even such endeavour is also not made

    by the accused. Therefore the whole story of the accused

    itself is not trustworthy.

    47. It is further significant to note here that all the

    cheques are dishonored for the reason ‘funds insufficient’.

    If at all there was no liability towards the cheques and

    they were issued only for security purpose, if he had
    28 C.C.16911/2022

    already paid Rs 4,00,000/- to the husband of the

    complainant by taking loan as per Ex.D1 on 17.12.2020

    itself, then nothing prevented the accused to issue ‘stop

    payment instructions’ to his banker intimating that his

    cheques cannot be honoured as a measure to prevent

    misuse of his cheques. Even such steps also not taken by

    the accused for the reasons best known to him.

    Thereafter also he has not taken any legal course to

    recover back his alleged security cheques either from the

    complainant or from his husband. Such conduct of the

    accused seriously undermines the veracity of his defence.

    48. After the cheques got dishonoured, the

    complainant has issued a legal notice as per Ex.P9 to the

    three different addresses of the accused through RPAD.

    As per Ex.P13 postal acknowledgment, the notice is

    served on the accused. Another notice given to the

    accused for Ex.P16 is not served for want of correct

    address of the accused. As per Ex.P17, the legal notice is

    returned within Shara ‘addressee refused’. Therefore, as

    per Ex.P13 Postal Acknowledgment and Ex.P17 Postal

    Shara, the notice is deemed to be served under sec 27 of

    General Clauses Act.

    29 C.C.16911/2022

    49. In his cross-examination para No.1, the accused

    has specifically deposed that he is working in KIMS

    Hospital from past 35 years and he is residing in

    Kumaraswami layout Bengaluru. He has specifically

    deposed that he is residing in the first address shown in

    the cause title of the complainant. Admittedly the

    complainant has given legal notice to the residential

    address of the accused as well as to the working place of

    the accused. Since the accused has unequivocally

    admitted that he is residing in the first address shown in

    the complaint, it is proved by the complainant that the

    legal notice is issued to the correct address of the accused

    and it has been served to the accused as per Ex.P13.

    Under such circumstances, the contention of the accused

    that the legal notice is not served on him holds no water.

    Despite of receiving the legal notice, the accused has not

    given reply to the demand notice of the complaint and

    same is fatal to the defence and it is a strong ground to

    suspect the defence of the accused.

    50. K. Bhaskaran vs Sankaran Vaidhyan Balan And

    Anr reported in AIR 1999 SUPREME COURT 3762, Apex

    court held that
    30 C.C.16911/2022

    “No doubt Sec 138 of the Act does not require
    that the notice should be given only by `post’.
    Nonetheless the principle incorporated in Sec 27
    (quoted above) can profitably be imported in a case
    where the sender has despatched the notice by post
    with the correct address written on it. Then it can be
    deemed to have been served on the sendee unless
    he proves that it was not really served and that he
    was not responsible for such non-service. Any other
    interpretation can lead to a very tenuous position as
    the drawer of the cheque who is liable to pay the
    amount would resort to the strategy of subterfuge
    by successfully avoiding the notice. “

    51. In C.C. Alavi Haji vs Palapetty Muhammed &

    Anr (2007) 6 SCC 555, the Hon’ble Apex court has held; “

    17. It is also to be borne in mind that the
    requirement of giving of notice is a clear departure
    from the rule of Criminal Law, where there is no
    stipulation of giving of a notice before filing a
    complaint. Any drawer who claims that he did not
    receive the notice sent by post, can, within 15 days of
    receipt of summons from the court in respect of the
    complaint under Sec 138 the Act, make payment of
    the cheque amount and submit to the Court that he
    had made payment within 15 days of receipt of
    summons (by receiving a copy of complaint with the
    summons) and, therefore, the complaint is liable to
    be rejected. A person who does not pay within 15
    days of receipt of the summons from the Court along
    31 C.C.16911/2022

    with the copy of the complaint under Sec 138 of the
    Act, cannot obviously contend that there was no
    proper service of notice as under Sec 138 , by
    ignoring statutory presumption to the contrary
    under Sec 27 of the G.C. Act and Sec 114 of the
    Evidence Act. In our view, any other interpretation of
    the proviso would defeat the very object of the
    legislation… ”

    52. Above case laws aptly applicable to present

    case. If the complainant has misused the cheques, the

    accused ought to have given the reply to the demand

    notice. No such endeavour is made by them for the

    reasons best known to him. Though counsel for the

    accused has suggested to PW.1 that the legal notice is not

    personally served on accused, said defense is not

    available to the accused as he has failed to deposit the

    cheques amount soon after appearance before the Court

    as per above case law.

    53. Therefore, having scrutinized the entire evidence

    of the accused, this Court is of the view that accused has

    failed to prove existence of any transaction with the

    husband of the complainant to an extent of Rs 4,00,000/-
    32 C.C.16911/2022

    or he has paid such Rs 4,00,000/- by taking loan from

    Repco Bank as per Ex.D1.

    54. The accused has not produced no iota of

    admissible evidence to substantiate his contention that

    the four cheques were handed over to the complainant’s

    husband on 01.06.2018. Under Section 118 of the

    Negotiable Instruments Act, there is a statutory

    presumption as to the date of execution of a negotiable

    instrument. In the absence of evidence to the contrary,

    the Court is bound to presume that the cheques were

    issued on the dates appearing on cheques.

    55. Accordingly, this Court shall consider that

    ExP.P1 to P3 were issued on 22.06.2021 and Ex.P4 was

    issued on 17.06.2021, as reflected on the cheques. To

    rebut this statutory presumption, the accused is required

    to place cogent and admissible evidence demonstrating

    that the cheques had in fact been issued in the years 2016

    or 2018, as alleged by him. However, no such evidence

    has been forthcoming. In the absence of any

    documentary or other reliable corroborative evidence, the

    defence put forward by the accused remains a mere

    assertion and is insufficient to rebut the presumption
    33 C.C.16911/2022

    under Section 118 of the Negotiable Instruments Act.

    Consequently, this Court declines to accept the plea that

    the cheques were issued in the years 2016 or 2018.

    56. For aforesaid reasons, this Court is of the view

    that the accused has failed to rebut the initial

    presumption given in favour of the complainant. Under

    such circumstances, the burden does not shifts back on

    the complainant to prove her case beyond reasonable

    doubt. Therefore, the inconsistencies existed in the

    evidence of PW1 regarding her source of income or lack

    of pleading with respect to when exactly the chit

    installments are paid to the accused or the minor details

    about Ex.P22 does not goes to the root of the case of the

    complainant.

    57. It is worth mentioning here that Ex.P22 is the

    small book produced by the complainant stating that

    accused has signed on the said book to prove that the chit

    transaction was existed. Since the burden is on the

    accused to probablize his defence, it is he who has to

    establish before the court that he has not signed on the

    said Ex.P22 book. Under such circumstances the

    arguments of the counsel for the accused that the said
    34 C.C.16911/2022

    Ex.P22 is not sent to FSL by the complainant holds no

    water.

    58. Further this is not a civil case. It arise out of a

    complaint under Section 138 of the Negotiable

    Instruments Act and is not in the nature of a civil suit for

    recovery of money. Had this been a money recovery suit

    founded upon Ex.P22, the Court would have been

    required to examine the contents of Ex.P22 in detail to

    determine the exact amount due between the parties.

    However, the present complaint is filed on the disputed

    cheques, and Ex.P22 has been produced only as

    corroborative evidence. Therefore, the contention of the

    learned counsel for the accused that the amount reflected

    in Ex.P22 does not tally with the amount covered under

    the disputed cheques does not, by itself, affect the merits

    of the present complaint. Because during her cross-

    examination, PW.1 has offered an explanation that the

    amount shown in Ex.P22 also includes amounts payable

    by other chit members. In view of this explanation, Ex.P22

    provides no clear particulars to conclude the exact extet

    of amount paid or due. More over the accused is

    contenting he has not signed in it and not executed it ,
    35 C.C.16911/2022

    when such being the case his he cannot selectively rely

    upon its contents to dispute the quantum covered under

    the cheques. This inconsistent defence substantially

    weakens the credibility of the accused’s case.

    59. In so far as contention of the accused regarding

    that the cheques are presented after lapse of 3 years from

    the date of receiving them from the accused or the

    cheques are presented with respect to time barred

    liability is concerned, this Court is of the firm view that the

    moment when the cheques are issued the liability is

    revived. Therefore from the date of cheuqes, the

    complaint is filed well within time.

    60. In Sri D Vijay vs Sri G Jayaprakash on 22

    March, 2025, IN CRIMINAL REVISION PETITION

    NO.400/2016, Hon’ble High court of Karantaka held that

    ” In view of the principles laid down in the
    judgment of the Apex Court,judgment of the different
    High Courts, including this Court, this Court comes to a
    conclusion that Court can invoke Section 138 of N.I. Act in
    respect of the liability, even if it is a time barred debt
    subsequently through a document recognizing the
    liability and also promised to pay the same. Hence, the
    very contention raised by the learned counsel for the
    revision petitioner in all the cases regarding no liability
    cannot be accepted.”

    36 C.C.16911/2022

    61. In M/S Vijay Polymers Pvt. Ltd. vs M/S Vinnay

    Aggarwal162 (2009) DLT 23 , Delhi High court also held

    that

    “6. The ruling upon which reliance has been placed by the
    learned advocate for the respondent is applicable on all
    fours. In that case loan was advanced in the year 1985 and
    the cheque was issued in the year 1990. By the time the
    cheque was issued, the debt was barred by limitation
    because no acknowledgment was obtained before the
    expiry of 3 years from the date of loan. In these
    circumstances, it was held there that the debt was not
    legally enforceable at the time of issuance of cheque and
    the accused could not be punished under sec 138 of the
    said Act. In the light of Explanation to the said section, it
    was further held therein that in case a cheque is issued for
    time barred debt and it is dishonoured, the accused
    cannot be convicted under sec 138 on the ground that the
    said debt was not legally recoverable.”

    62. In Sri Sudhakar Reddy C.B vs Smt Pushpa on

    12 October, 2023 CRIMINAL REVISION PETITION

    NO.256/2022, Hon’ble High court of Karanataka held that

    “39. Thus, when the questions formulated by the learned
    Single Judge of High Court of Bombay was referred to the
    Division Bench, it took pains in considering the matter
    from various facets and answered both the questions in
    the Affirmative. Thereby, holding that issuance of cheque
    is a promise in writing within the meaning of sub section
    37 C.C.16911/2022

    (3) of Section 25 of the Contract Act and it is an exception
    to the general rule that the agreement without
    consideration is void. Thus, issuance of a cheque satisfies
    the ingredients of sub section (3) of Section 25, i.e.,
    promise made in writing and signed by the person to be
    charged therewith to pay wholly or in part a dent of
    which the creditor might have enforced payment, but for
    the law for the limitation of suits and as such, the cheque
    becomes a cheque drawn towards discharge of a legally
    enforceable debt as contemplated by the explanation to
    Section 138 of the NI Act. Therefore, the position of law is
    laid down by the Division Bench of High Court of Bombay
    and there is no reason for not accepting the same.

    40. In view of the settled position of law, even if the
    contention of the learned counsel for the petitioner that
    the cheques were issued towards a time barred debt is to
    be accepted, by applying the above principle of law to the
    present case, issuance of cheques in question amount to
    written promise to pay the said debt, as provided under
    Section 25(3) of the Contract Act and it creates legally
    enforceable debt. Hence, it squarely attracts Section 138
    of NI Act. ”

    63. In K Hymavathi v. State of Andhra Pradesh

    and Anr, (2023) SCC OnLine SC 1128, the Supreme Court

    considered an appeal against the quashing of a

    complaint. It ruled that a promissory note executed to

    discharge a time-barred debt falls under Section 25(3) of

    the Indian Contract Act, 1872, making it a valid and

    enforceable agreement.

    38 C.C.16911/2022

    64. M/S M K Enterprises vs Kumari Varsha Pole on

    17 December, 2021 CRIMINAL REVISION PETITION NO.

    375/2021, Hon’ble High court of Karnataka held that

    “26. Further, the defence that even if the version of
    the complainant was to be accepted as on date of
    presentation of the cheque, the debt was time barred
    does not defeat the rights of the complainant in the
    present factual matrix. The complainant has specifically
    asserted that the amount that was given to the accused
    was with the assurance that profits from the business
    would be given.

    27. The mere factum of payment stated to have
    been made in 2010 would not make it a time barred
    debt as on the date of issuance of cheque in 2018. As to
    when the debt occurred is a factual inquiry. The nature
    of the transaction was that in lieu of the investment
    made by the complainant, a hotel would be opened in
    the name of father of the complainant and profits from
    the business would be paid. Accordingly, when once a
    cheque is issued in light of the presumption of
    consideration by virtue of Section 139, it could be
    construed that a cheque has been issued towards a
    debt. As to whether the debt was time barred as on the
    date of presentation of cheque is to be proved by the
    accused. Even otherwise once a cheque is issued it could
    be construed to be a promise made in writing under
    Section 25(3) of the Indian Contract Act and if read in
    conjunction with illustration(e), the cheque could be
    construed to be valid and its dishonour actionable under
    Section 138 of NI Act. Accordingly, the contention that
    39 C.C.16911/2022

    the cheque is issued as against a time barred debt and
    hence, unenforceable debt is liable to be rejected. ”

    65. All the case laws aforementioned have clearly

    held that the debt was time barred does not defeat the

    rights of the complainant. Issuance of cheques itself

    revives the limitation and the liability. Therefore, the

    contention of the counsel for the accused that the

    complaint is barred by law of limitation holds no water.

    66. The counsel for the accused has relied upon

    number of case laws and argued that accused need not to

    prove his case in entirety. It is the complainant who has to

    prove her case beyond reasonable doubt. I have gone

    through those case laws.

    67. If accused is able to probabilise his defence or

    create the dent of the prosecution’s case in any manner,

    then the burden shifts back on the complainant. However,

    nothing worth is elicited from the mouth of PW1 to

    discredit her case. Per contra, the accused has failed to

    probabilise his defence with the required amount of

    evidence. Indeed stand taken by the accused in cross

    examination of PW1 an during chief examination are not

    in consonance with each other, for the reasons stated
    40 C.C.16911/2022

    supra. Under such circumstances, the onus does not

    shifts back on the complainant.

    68. No doubt it is equally settled law that by way of

    cross examination of complainant , accused can demolish

    the case of the complainant. But in what context, court

    has to apply such principle is a matter of importance.

    Firstly the accused has not given reply and taken a

    contention regarding the financial capacity of the

    complainant in the initial stage itself as per law ladi doen

    by apex court in In Ashok Singh V State of Uttar

    prasdesh and and another reported in 2025 Live law

    (SC)_ 383,

    “Pausing here, the Court would only comment that
    the reasoning of the High Court as well as the First
    Appellate Court and Trial Court on this issue is sound. Just
    by taking a counter-stand to raise a probable defence
    would not shift the onus on the complainant in such a
    case for the plea of defence has to be buttressed by
    evidence, either oral or documentary, which in th present
    cases, has not been done. Moreover, even if it is
    presumed that the complainant had not proved the
    source of the money given to the petitioners by way of
    loan by producing statement of accounts and/or Income
    Tax Returns, the same ipso facto, would not negate such
    claim for the reason that the cheques having being issued
    and signed by the petitioners has not been denied, and no
    evidence has been led to show that the respondent lacked
    41 C.C.16911/2022

    capacity to provide the amount(s) in question. In Tedhi
    Singh v Narayan Dass Mahant
    , (2022) 6 SCC 735: ’10. The
    trial court and the first appellate court have noted that in
    the case under Section 138 of the NI Act the complainant
    need not show in the first instance that he had the
    capacity. The proceedings under Section 138 of the NI Act
    is not a civil suit. At the time, when the complainant gives
    his evidence, unless a case is set up in the reply notice to
    the statutory notice sent, that the complainant did not
    have the wherewithal, it cannot be expected of the
    complainant to initially lead evidence to show that he had
    the financial capacity. To that extent, the courts in our
    view were right in holding on those lines. However, the
    accused has the right to demonstrate that the
    complainant in a particular case did not have the capacity
    and therefore, the case of the accused is acceptable which
    he can do by producing independent materials, namely,
    by examining his witnesses and producing documents.”

    69. However, the complainant has produced her

    account statement and also it is an admitted fact that

    both the complainant and accused are working in the

    same department i.e. the KIMS Hospital. Therefore, there

    is no reason to suspect the financial capacity of the

    complainant. Moreover the chit amounts are paid over a

    period and not at a time. Therefore, the decisions relied

    upon by the accused, which proceeds on a different

    factual matrix, are distinguishable and has no application

    to the facts of the present case.

    42 C.C.16911/2022

    70. In so far as inconsistency existed in the evidence

    of PW1 is concerned, this court noticed that PW1has been

    questioned multiple times on same aspect on different

    dates of cross examination. However evidence has to be

    appreciated in it’s entirety and cannot be read as bits and

    pieces. In the case of Rohitbhai Jivanlal Patel v. State of

    Gujarat reported in 2019 (5) SCALE 138, it is held that

    “even after purportedly drawing the
    presumption under Section 139 of the N.I. Act, the
    trial court proceeded to question the want of
    evidence on the part of the complainant as regards
    the source of funds for advancing loan to the
    accused and want of examination of relevant
    witnesses who allegedly extended him money for
    advancing it to the accused. The Hon‟ble Supreme
    Court observed that this approach of the trial court
    had been at variance with the principles of
    presumption in law. After such presumption, the
    onus shifted to the accused and unless the accused
    had discharged the onus by bringing on record such
    facts and circumstances as to show the
    preponderance of probabilities tilting in his favour,
    any doubt on the complainant’s case could not have
    been raised for want of evidence regarding the
    source of funds for advancing loan to the accused.”
    43 C.C.16911/2022

    71. Above principle laid down in by Apex court is

    aptly applicable to case in hand. Mere making suggestion

    to PW1 or self interested testimony of the accused in chief

    examination doesn’t suffice to rebut the legal

    presumptions given in favour of the complainant.

    72. Further accused contends that he has not filled

    the details in the cheque. In view of Sec.20 of the NI Act

    the drawer of the cheque need not to fill entire details.

    73. (2019) 4 SCC 197) ie Bir Singh V Mukesh Kumar,

    Apex court has held that

    “A meaningful reading of the provisions of the
    Negotiable Instruments Act including, in particular,
    Sections 20, 87 and 139, makes it amply clear that a
    person who signs a cheque and makes it over to the
    payee remains liable unless he adduces evidence to rebut
    the presumption that the cheque had been issued for
    payment of a debt or in discharge of a liability. It is
    immaterial that the cheque may have been filled in by any
    person other than the drawer, if the cheque is duly signed
    by the drawer. If the cheque is otherwise valid, the penal
    provisions of Section 138 would be attracted”.

    74. Oriental Bank Of Commerce vs Prabodh

    Kumar Tewari , in (2024)12 SCC 165, Apex court held

    that
    44 C.C.16911/2022

    ’17. For such a determination, the fact that the
    details in the cheque have been filled up not by the
    drawer, but by some other person would be immaterial.
    The presumption which arises on the signing of the
    cheque cannot be rebutted merely by the report of a
    hand-writing expert. Even if the details in the cheque
    have not been filled up by drawer but by another
    person, this is not relevant to the defense whether
    cheque was issued towards payment of a debt or in
    discharge of a liability. ‘

    75. Thus, in light of Section 20 of the Negotiable

    Instruments Act and the above-cited case laws, any

    inconsistencies in handwriting, pen, or ink on the cheques

    do not absolve the accused of liability, particularly when

    he has admitted the issuance of the cheque in favour of

    the complainant. The difference in the handwriting of the

    cheque is not a ground to exonerate the liability of the

    accused to prove his defense.

    76. Having scrutinized the entire evidence placed on

    record, this Court is of the considered view that accused

    has utterly failed to probabilise his defence. Indeed failed

    to rebut the initial presumptions given in favour of the

    complainant. With these observations court proceed to

    answer POINT NO.I IN THE AFFIRMATIVE.

    45 C.C.16911/2022

    77. POINT NO.II:- In view of the reasons assigned in

    above point, it is ample clear that accused has committed

    the offence punishable u/s 138 of the Act. A bare reading

    of sec.138 of the NI Act indicates that the purport of

    sec.138 is to prevent and punish the dishonest drawers of

    cheques who evade their liability.

    78. The Hon’ble Apex Court in its recent decision in

    M/s. Meters & instrument Pvt Ltd. Vs. Kanchana Mehta

    reported in (2018)1 SCC-560 held at para 18(ii)

    that”(ii) The object of the provision being primarily

    compensatory, punitive element being mainly with the object of

    enforcing the compensatory element, compounding at the initial

    stage has to be encouraged but is not debarred at later stage

    subject to appropriate compensation as may be found.” In view of

    the reasons assigned in above point, it is ample clear that accused

    has committed the offence punishable u/s 138 of the Act.

    79. In R. Vijayan vs. Baby and Another reported

    in AIR 2012 SUPREME COURT 528, Apex court held that

    ‘that unless there were special circumstances, in all
    cases of conviction, the Court should uniformly exercise the
    power to levy fine up to twice the cheque amount and
    keeping in view the cheque amount and the simple interest
    thereon at 9% per annum as the reasonable quantum of loss,
    direct payment of such amount as compensation. This Court
    46 C.C.16911/2022

    rightly observed that uniformity and consistency in deciding
    similar cases by different courts not only increases the
    credibility of the cheque as a Negotiable Instrument but also
    the credibility of the Courts of Justice’.

    80. M/S Kalamani Tex vs P. Balasubramanian

    reported in AIRONLINE 2021 SC 82, Apex court

    reaffirmed aforementioned principle and held that

    “20. As regard to the claim of compensation raised on
    behalf of the respondent, we are conscious of the settled
    principles that the object of Chapter XVII of the NIA is not
    only punitive but also compensatory and restitutive. The
    provisions of NIA envision a single window for criminal
    liability for dishonour of cheque as well as civil liability for
    realisation of the cheque amount. It is also well settled that
    there needs to be a consistent approach towards awarding
    compensation and unless there exist special circumstances,
    the Courts should uniformly levy fine up to twice the cheque
    amount along with simple interest at the rate of 9% per
    annum.”

    81. The court has to consider above principles while

    imposing fine amount. Therefore, having regard to the

    extent of amount involved in the transaction, defense

    taken by the accused and his failure to prove it, length of

    time taken for adjudicating the matter and keeping in

    mind the primary object of the provision, this court is of

    the opinion that, rather than imposing punitive sentence,
    47 C.C.16911/2022

    if sentence of fine of Rs.36,80,000/- is imposed with a

    direction to compensate the complainant for his monitory

    loss, by awarding compensation U/Sec.357 of Cr.P.C,

    would meet the ends of justice. Further this court makes

    it clear that complainant admits that he has received Rs 5

    lakhs from the accused during pendency of this case and

    same shall be treated as part of fine amount imposed by

    this court. Accordingly, this court proceeds to pass

    following …..

    ORDER

    The accused is found guilty for the offence

    punishable U/s.138 of Negotiable Instruments

    Act.

    Hence, acting U/sec.255(2) of Cr.P.C, the

    accused is convicted and sentenced to pay a fine

    of Rs.36,80,000/- (Rupees Thirty Six Lakhs

    Eighty Thousand Only), in default of payment

    fine amount, he shall undergo simple

    imprisonment for 6 months for the offence

    punishable under section 138 of N.I.Act.
    48 C.C.16911/2022

    Out of the fine amount collected from the

    accused, an amount of Rs.36,70,000/- (Rupees

    Thirty Six Lakhs Seventy Thousand only) shall

    be paid to the complainant as compensation

    U/s.357 of Cr.P.C. and the remaining fine of

    Rs.10,000/- shall be adjusted towards the cost of

    state expenses.

    The bail bonds of the accused shall be in

    force till the appeal period is over as

    contemplated under the provisions of

    Sec.437(A) of Cr.P.C.

    Office to supply the copy of the

    Judgment to the accused forthwith at free of

    cost.

    (Dictated to the Stenographer, typed by her, corrected by me and
    then judgment pronounced in the open court on this the 4 th day of July
    2026).

                                                      Digitally
                                                      signed by
                                                      TEJASWINI
                                            TEJASWINI K M
                                            KM        Date:
                                                      2026.07.08
                                                      10:40:39
                                                      +0530
                                                (Smt.Tejaswini K.M),
                                               XVI ACJM, Bengaluru
                          49                          C.C.16911/2022
    
    
    
    
                              ANNEXURE
    
    

    I. List of witnesses on behalf of complainant:

    P.W.1: Smt.N.U.Saraswathi

    II. List of documents on behalf of complainant:

    Ex.P-1 to 4 : Original Cheques.

    Ex.P-1(a) to (4) : Signatures of the accused.

    Ex.P-5 to 8 : Bank memos.

    Ex.P-9 : Legal notice.

    Ex.P-10 to 12 : Postal Receipts.

    Ex.P-13 : Postal Acknowledgment.

    Ex.P-14 & 15 : Returned Notices.

    Ex.P-16 & 17 : Postal Covers.

    Ex.P-18 & 19 : Postal Receipts.

    Ex.P-20 : Complaint.

    Ex.P-21 : Copy of Statement of Account.

    Ex.P-22 : A Small Diary.

    III. List of witnesses for the accused:
    50 C.C.16911/2022

    D.W.1: Sri.Vivekananda H.S

    IV. List of documents for accused:

    Ex.D-1 : Copy of Bank Statement.

    
                                           Digitally
                                           signed by
                                           TEJASWINI K
                             TEJASWINI M
                             KM            Date:
                                           2026.07.08
                                           10:40:47
                                           +0530
                                (Smt.Tejaswini K.M ),
                               XVI ACJM, Bengaluru
     51   C.C.16911/2022
     



    Source link

    LEAVE A REPLY

    Please enter your comment!
    Please enter your name here