Bangalore District Court
Ramachandraiah. T vs K.S. Arasaiah on 11 June, 2019
IN THE COURT OF XIII ADDL. CHIEF METROPOLITAN
MAGISTRATE, BENGALURU.
:: PRESENT ::
SRI. NAGARAJEGOWDA. D., B.Com, L.L.B.,
XIII A.C.M.M. Bengaluru.
C.C. NO.3559/2019
Dated: This the 11th day of JUNE-2019
COMPLAINANT/S: Ramachandraiah. T.
S/o. Late. Thimmegowda,
Aged about 65 years,
R/at. Maddenahallipalya,
Heggunda Post,
Nelamangala Taluk,
Bangalore Rural District.
ACCUSED: K.S. Arasaiah,
S/o. Siddaiah. K.S.
Aged about 59 years,
R/at. Kalenahalli Village,
Seetakallu Post,
Urdigere Hobli,
Tumkur Taluk & District.
Working as:
Heard Master,
Government Higher Primary School,
Thyamagondlu,
Nelamangala Taluk,
Bangalore Rural District.
JUDGMENT 2 C.C.3559/2019
Offence Under Section.138 of Negotiable
Instruments Act.
Plea of the accused Pleaded not guilty
Final order Convicted
**
:: JUDGEMENT ::
This complaint is filed against the accused under Section.200 of Cr.P.C. for the offence punishable under Section.138 of Negotiable Instruments Act.
2. The brief averments of the complaint are as Ex.P10 complaint reads as follows:
The accused is known to the complainant. In the month of November-2015, the accused approached the complainant for hand loan of Rs.2,00,000/- for the purpose of clearing his loan commitments. Accordingly, the complainant had paid the said amount by way of cheque to the accused and the accused has agreed to repay the said amount within a period of three years. Again the accused in the month of August-2017 approached the complainant JUDGMENT 3 C.C.3559/2019 for a hand loan of Rs.1,80,000/- for the purpose of clearing his loan commitments. The complainant has advanced the said amount by way of cash to the accused and the accused has agreed to repay the said amount in the month of October-2018. In the month of September-2018 the accused approached the complainant for the prompt realization of said transaction total amount of Rs.3,80,000/- has made over a cheque bearing No.770326, dated: 31-10-2018 for Rs.3,80,000/- drawn on State Bank of India, Paramanna Layout, Nelamangala, Bengaluru Rural District-562123 and instructed the complainant to present the said cheque for collection, the same will be honoured on its presentation to the bank. Accordingly, the complainant has presented the said cheque through his banker Corporation Bank, Nrupathunga road branch, Bengaluru for encashment, but the said cheque is returned dishonoured due to 'Funds Insufficient' on 01-11-2018. The complainant got issued legal notice to the accused on 29-11-2018. The same is duly served to the accused on 04- 12-2018, but the accused did not reply or comply the JUDGMENT 4 C.C.3559/2019 notice and thus the accused has committed an offence punishable under Section.138 of Negotiable Instruments Act and punish the accused in accordance with law by awarding compensation under Section.357 of Cr.P.C. in the interest of justice and equity.
3. After recording sworn statement of complainant with documentary evidence, this court registered the case against the accused for the offence punishable under Section.138 of Negotiable Instruments Act. The summons issued to the accused, the accused appeared through his counsel and enlarged on bail and after recording plea of accusation, this case posted for complainant's side evidence if any and also the on the request of the accused counsel, the case posted for cross-examination of PW.1. At this juncture, both complainant and accused and their counsels have voluntarily appeared and filed joint memo stating that both parties have settled their case amicably to the tune of Rs.3,55,000/- and accused has agreed to pay the said amount on 31st August- 2019 to the JUDGMENT 5 C.C.3559/2019 complainant. If he fails to pay the agreed amount, the complainant is at liberty to take legal action against the accused for recovery of agreed amount with interest. The complainant also agreed for the same. In view of the joint memo and on the requests of both counsels, case posted for passing of judgment as per joint memo.
4. On the basis of aforesaid facts and circumstances, the following points arises for my consideration:
POINTS
1. Whether the complainant proves that the accused is liable to make payment of the cheque as prayed?
2. What order?
5. My answers to the above points are as follows:
Point No.1: In the Affirmative
Point No.2: As per the final order,
for the following.
JUDGMENT 6 C.C.3559/2019
REASONS
6. POINT NO.1: In support of the case of the
complainant, the complainant led his side evidence as PW.1 by way of an affidavit. In which he has stated that in the month of November-2015, the accused approached the complainant for hand loan of Rs.2 lakhs for the purpose of clearing his loan commitments and also in the month of August-2017 once again the accused approached the complainant for hand loan of Rs.1,80,000/-. The complainant had paid the said amounts totally to the tune of Rs.3,80,000/-. For repayment of the said amount, the accused issued a cheque bearing No.770326, dated: 31-10- 2018 for Rs.3,80,000/- drawn on State Bank of India, Paramanna Layout, Nelamangala, Bangalore Rural District-562123. The said cheque has been presented for collection by the complainant through his banker Corporation Bank, Nrupathunga road Branch, Bangalore. But the said cheque is returned dishonoured due to 'Funds Insufficient' on 01-11-2018. The complainant got issued legal notice to the accused on 29-11-2018. The said notice JUDGMENT 7 C.C.3559/2019 was duly served to the accused on 04-12-2018, but he did not reply or comply the notice and thus the accused has committed an offence punishable under Section.138 of Negotiable Instruments Act and got marked Ex.P1 to P10.
7. Ex.P1 is the cheque alleged tobe issued by the accused and identified the signature of the accused as per Ex.P1(a). Ex.P2 is the endorsement issued by the banker stating that Ex.P1 cheque is dishonoured due to 'Funds Insufficient'. Ex.P3 is the copy of legal notice sent to the accused. The same has been duly sent through RPAD as per Ex.P4 and P5 postal receipts. The said notice was duly served to the accused as per Ex.P6 and P7 postal acknowledgement cards. Ex.P8 is the Vijaya Bank Statement of account stands in the name of complainant, it shows that during the year 2015 the complainant had bank balance of Rs.4 lakhs and odd. Ex.P9 is the another Vijaya Bank Statement of account stands in the name of complainant, it shows that during the year 2017, by self JUDGMENT 8 C.C.3559/2019 withdrawn a sum of Rs.1,50,000/-. Ex.P10 is the complaint is not under dispute.
8. When the case is posted for cross-examination of PW.1 on the request of accused counsel, at this juncture both complainant and accused and their counsels have voluntarily appeared and filed joint memo stating that the both the parties have compromised their case to the tune of Rs.3,55,000/-. The accused had agreed to pay the said amount on 31st August-2019 to the complainant and if the accused fails to pay the said amount, the complainant is at liberty to take legal action against the accused to recover the said agreed amount with interest. The complainant also agreed for the same. In view of the aforesaid facts and circumstances, the complainant had proved the alleged guilt of the accused beyond all reasonable doubt. Hence, the accused is liable for conviction. Hence, I answer Point No.1 in the Affirmative.
9. POINT NO.2: In view of findings on Point No.1, I proceed to pass the following:
JUDGMENT 9 C.C.3559/2019
ORDER Acting under Section.255(3) Cr.P.C., the accused is convicted for the offence punishable under Section.138 of Negotiable Instruments Act.
As per the joint memo filed by both the parities, they have amicably settled their case to the tune of Rs.3,55,000/- (Rupees three lakhs, fifty five thousand only). The accused undertaken to pay the said amount on 31st August-2019. And further agreed, if he fails to pay the said amount, the complainant is at liberty to take legal action against the accused to recover the agreed amount with interest in accordance with law.
In view of the joint memo, the case has been disposed off in terms of joint memo. JUDGMENT 10 C.C.3559/2019
The joint memo filed by both the parties is voluntary one, same is accepted. Accordingly directed to do so.
(Dictated to the stenographer, corrected and then pronounced by me in the open court on this the 11th day of June-2019) (NAGARAJEGOWDA. D.) XIII Addl. C.M.M., Bengaluru.
ANNEXURE Witnesses examined on behalf of the complainant:
PW.1 : Ramachandraiah. T. Documents marked on behalf of the complainant:
Ex.P1 : Cheque Ex.P1(a) : Signature of the accused Ex.P2 : Endorsement Ex.P3 : Legal notice Ex.P4&5 : Postal receipts Ex.P46&7 : Postal acknowledgment Cards Ex.P8&9 : Statements of account Ex.P10 : Complaint
Witnesses examined on behalf of the accused:
- None -
Documents marked on behalf of the accused:
- Nil -
(NAGARAJEGOWDA. D.) XIII Addl. C.M.M., Bengaluru.