Bangalore District Court
M/S Maruthi Steel Wires Rep By Its Prop. ... vs M/S G M Hydro Components Private Ltd Rep ... on 3 September, 2025
KABC030216142024
IN THE COURT OF XIII ADDL. CHIEF JUDICIAL
MAGISTRATE, BENGALURU CITY
:: PRESENT ::
SMT. PAVITHRA R., B.A.L, LL.B.,
XIII ACJM, BENGALURU CITY.
C.C. NO. 13153/2024
Dated this the 3rd day of September, 2025
COMPLAINANT: M/s. Maruthi Steel Wires,
having its office at No.29/B,
Peenya 2nd Stage,
Peenya Industrial Area,
Bengaluru - 560 058.
Represented by its Proprietor,
Smt. Shobha Jain,
W/o Late C. Gowtham Jain,
Aged about 68 years,
R/a. Cox Town, Bengaluru.
Represented by her General Power
of Attorney holder
Mr. Kapil Jain. G,
Aged about 46 years,
S/o C. Gotham Chand,
R/a. No.9/1, Cox Town,
Bengaluru - 560 005.
[By Sri. Madhu. R, Advocate]
C.C. 13153/2024
-2-
V/S
ACCUSED: 1) M/s. G.M. Hydro Components
Private Ltd.,
Having its office at No.18,
C/C1, Behind ISRO,
1st Main Road, 2nd Phase,
Peenya Industrial Area,
Bengaluru - 560 058.
Represented by its Directors
And also having at
No.35, Dynamati Road,
Chokkasandra,
T.Dasarahalli, Bengaluru - 560 058.
2) Sri. Manju Raju,
S/o Not known
Aged about 56 years,
Director of
M/s. G.M. Hydro Components
Private Limited,
Having office at B.No.18,
C/C1, Behind ISRO,
1st Main Road, 2nd Phase,
Peenya Industrial Area,
Bengaluru - 560 058.
3) Mrs. Geetha
S/o Not known
Aged about 53 years,
Director of
M/s. G.M. Hydro Components
Private Limited,
Having office at No.18,
C/C1, Behind ISRO,
1st Main Road, 2nd Phase,
Peenya Industrial Area,
Bengaluru - 560 058.
(By Sri. Mohan. C, Advocate)
C.C. 13153/2024
-3-
Offence complained of : U/s. 138 of N.I. Act.,
Plea of accused : Pleaded not guilty
Final order : Accused is Convicted.
Date of order : 03.09.2025
JUDGMENT
This is a private complaint filed by the complainant under Sec.200 of Cr.P.C., against the accused for the offence punishable under Sec.138 of Negotiable Instrument Act, 1881 (in short referred to as N.I. Act).
2. The brief facts of the case are as under :
It is the case of the complainant that, the complainant is engaged in steel trading and registered under the GST No.29AANPG935D1ZA having its business in the name and style of M/s. Maruthi Steel Wires and accused is running the business in the name and style of M/s. G.N. Hydro Components Private Ltd.. That the accused No.2 and 3 are the directors of the accused No.1 company. The accused company was regularly purchasing the steel material Grade EN8D 130MM Rounds, EN8D C.C. 13153/2024
-4- 130MM Rounds, EN1A (L) 10.03 MM Bright BAR, EN8D 75MM Rounds, (16MNCR5) 30 MM Rounds, (16MNCR5) 36 MM Rounds, (20MNCR5) 40 MM Rounds, EN1A(L) 27 MM HEX Bright BAR, EN1A(L) 10MM Bright BAR, (16MNCR5) 18 MM Bright Bar, (EN31) 16.5 MM Rounds, (20MNCR5) 28.5 MM Bright Bar, (20MNCR5) 20MM Rounds from the complainant since from March 2022 on 30 days credit basis or with immediate payment. Accused company had agreed and supposed to make the payment within 30 days from the date of receipt of the material to complainant by way of RTGS / NEFT and the complainant has supplied the Ally Steel raw materials as mentioned below:
Sl. Invoice Number Date Amount
No.
1 MSW/0955/21-22 04.03.2022 Rs.1,22,966/-
2 MSW/01015/21-22 25.03.2022 Rs.27,824/-
3 MSW/034/22-23 16.04.2022 Rs.48,958/-
4 MSW/035/22-23 16.04.2022 Rs.32,816/-
5 MSW/057/22-23 22.04.2022 Rs.21,854/-
6 MSW/098/22-23 06.05.2022 Rs.55,994/-
7 MSW/0106/22-23 10.05.2022 Rs.56,688/-
8 MSW/0134/22-23 19.05.2022 Rs.81,122/-
C.C. 13153/2024
-5-
9 MSW/0139/22-23 21.05.2022 Rs.1,21,178/-
10 MSW/0201/22-23 08.06.2022 Rs.59,092/-
11 MSW/0218/22-23 11.06.2022 Rs.35,172/-
12 MSW/0225/22-23 14.06.2022 Rs.1,05,938/-
13 MSW/0226/22-23 14.06.2022 Rs.60,260/-
14 MSW/0264/22-23 24.06.2022 Rs.67,237/-
15 MSW/0307/22-23 07.07.2022 Rs.2,26,678/-
16 MSW/0428/22-23 12.08.2022 Rs.42,964/-
17 MSW/0432/22-23 13.08.2022 Rs.20,556/-
18 MSW/0440/22-23 17.08.2022 Rs.1,16,531/-
Total Rs.13,03,087/-
The complainant has supplied the materials in the above mentioned invoices for a sum of Rs.13,03,087/- as accused placed order through mail, verbally and whatsapp and accused company had made payment of Rs.72,968/-
by way of RTGS on 14.09.2023 and as today the outstanding due is Rs.12,30,121/-. Finally accused company had assured to make payment through four cheques i.e. cheque bearing No.176801 dated 16.08.2023 for a sum of Rs.3,00,000/-, No.176802 dated 16.08.2023 for a sum of Rs.3,00,000/-, No.176803 dated 25.10.2023 for Rs.3,00,000/- and No.176804 dated 16.11.2023 for Rs.2,80,121/- all are drawn on Central Bank of India, C.C. 13153/2024
-6- Peenya Industrial Area Branch, Bengaluru towards discharge of accused liability and assured the complainant to present the said cheques on their respective dates. But accused have successfully postponed the avoided the complainant to present the cheques as such the cheque bearing No.176801 and 176802 became outdated. Therefore, they were not presented for encashment. The complainant waited till 08.01.2024 believing the accused words that he will make payment and finally the complainant presented the cheque bearing No.176803 dated 25.10.2023 for Rs.3,00,000/- and cheque No.176804 dated 16.11.2023 for Rs.2,80,121/- for payment before his banker, Kotak Mahindra Bank Ltd., Peenya Branch, Bengaluru on 08.01.2024, but the same came to be returned dishonored with an endorsement "Payment stopped by Drawer" on 09.01.2024. The same was intimated to the accused but accused failed and neglected to repay the outstanding amount. Hence, the complainant issued legal notice to the accused on 23.01.2024 and the same was duly served on the accused on 23.01.2024. In spite of issuance of legal notice, accused failed to repay the C.C. 13153/2024
-7- cheque amount. Thus, the accused has committed offence punishable u/s.138 of NI Act. Hence, this complaint.
3. The complainant filed sworn statement by way of an affidavit and the complainant was examined as PW.1 and got marked Ex.P1 to Ex.P34. This court after taking cognizance of the offence issued summons to the accused. Accused No.2 and 3 appeared before this court and filed bail application through their counsel and got enlarged on bail. The sum and substance of the accusation has been read over to the accused and they denied the same and not pleaded guilty. After completion of the evidence of complainant side, statement of accused were recorded.
4. When the case was posted for cross-examination of PW1, on 30.08.2025 the complainant, accused and their respective counsels filed the joint memo stating that, along with the present case the complainant has also filed another case against accused for a sum of Rs.2,11,692/- in CC No.8720/2025 which is pending before this court. Due to interference of the friends and well wishers of both C.C. 13153/2024
-8- complainant and accused have agreed to settle the said case and present one for a sum of Rs.6,40,164/- towards full and final settlement for cheques amount of Rs.7,91,813/- to the complainant. Accused has agreed to pay the settlement amount of Rs.6,40,164/- in six installments as under:
a) First installment of Rs.1,05,938/- by way of cheque bearing No.000092 dated 15.09.2025 drawn on IDFC First Bank, Peenya Industrial Branch, Bengaluru.
b) Second installment of Rs.1,27,497/- by way of cheque bearing No.000087 dated 15.10.2025 drawn on IDFC First Bank, Peenya Industrial Branch, Bengaluru.
c) Third installment of Rs.1,00,000/- by way of cheque bearing No.000088 dated 15.11.2025 drawn on IDFC First Bank, Peenya Industrial Branch, Bengaluru.
d) Fourth installment of Rs.1,26,678/- by way of cheque bearing No.000089 dated 30.11.2025 drawn on IDFC First Bank, Peenya Industrial Branch, Bengaluru.
C.C. 13153/2024
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e) Fifth installment of Rs.80,051/- by way of cheque bearing No.000090 dated 15.12.2025 drawn on IDFC First Bank, Peenya Industrial Branch, Bengaluru.
f) Sixth installment of Rs.1,00,000/- by way of cheque bearing No.000091 dated 30.12.2025 drawn on IDFC First Bank, Peenya Industrial Branch, Bengaluru.
The accused agreed to repay the amount as per joint memo and the complainant agreed to receive the said amount as per joint memo and requested to accept the joint memo and pass the necessary judgment.
5. Now points that would arise for my consideration are;
1. Whether the complainant establishes that the accused company has committed an offence punishable under Section 138 of Negotiable Instruments Act?
2. What order?
6. On perusal of materials placed on record and in the light of arguments by both the counsels, my findings to the above points are as under:-
C.C. 13153/2024
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Point No.1: In the AFFIRMATIVE
Point No.2: As per final order for the
following;
:: R E A S O N S ::
7. POINT NO.1:- It is the case of the complainant is that, complainant is engaged in steel trading and accused is running the business in the name and style of M/s. G.N. Hydro Components Private Ltd., The accused company was regularly purchasing the steel material from the complainant since from March 2022 on 30 days credit basis or with immediate payment. Accused have agreed and supposed to make the payment within 30 days from the date of receipt of the material to complainant by way of RTGS / NEFT. The complainant has supplied the materials for a sum of Rs.13,03,087/- as accused placed order through mail, verbally and whatsapp and accused have made payment of Rs.72,968/- by way of RTGS on 14.09.2023 and as today the outstanding due is Rs.12,30,121/-. Finally accused have assured to make payment through four cheques, but the two cheques became out dated and complainant presented the Ex.P.2 C.C. 13153/2024
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and 3 cheques and the same came to be returned dishonored for the reasons "Payment stopped by Drawer"
with an endorsement Ex.P.4 & 5 dated 09.01.2024. The complainant issued legal notice as per Ex.P.6 to the accused on 23.01.2024 and the same was duly served on the accused. In spite of issuance of legal notice, accused has failed to repay the cheque amount. Hence, the complainant has filed this present complaint.
8. On 30.08.2025 the complainant, accused No. 1 to 3 and their respective counsels filed the joint memo stating that, along with the present case the complainant has also filed another case against accused for a sum of Rs.2,11,692/- in CC No.8720/2025 which is pending before this court. Due to interference of the friends and well wishers of both complainant and accused have agreed to settle the said two cases for a sum of Rs.6,40,164/- towards full and final settlement for cheques amount of Rs.7,91,813/- to the complainant. Accused has agreed to pay the settlement amount of Rs.6,40,164/- in six installments. The accused agreed to repay the amount as C.C. 13153/2024
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per joint memo and the complainant agreed to receive the said amount as per joint memo and requested to accept the joint memo and pass the necessary judgment.
9. On being questioned, both the parties submitted they have settled their case as per terms of joint memo and there is no coercion, undue influence or force etc. upon them by the either party. The accused has admitted the transaction, hence there is no need of much discussion as facts admitted need not be proved as per Section 58 of the Indian Evidence Act. Admittedly, the alleged offence punishable u/s.138 of NI Act is compoundable in nature. Hence, joint memo is accepted. Further, I am of the view that the complainant has successfully proved his case. Accordingly, I answer Point No.1 in the AFFIRMATIVE.
10. POINT NO.2:- As discussed above, the accused have failed to pay the due amount to the complainant. Since the accused has admitted the transaction and it is proper to bind the parties to comply the joint compromise memo submitted by them voluntarily. Hence, it requires to C.C. 13153/2024
- 13 -
pass the fine sentence of Rs.6,40,164/- with a direction to the accused to pay the same as fine amount and in turn the same amount shall be given to the complainant as compensation as per section 357(1) of Cr.P.C. If the accused fails to pay the agreed money, the accused shall under go simple imprisonment for 6 (six) months. Hence, in view of the joint memo filed by both the parties, I proceed to pass the following:
ORDER Acting under Section 255(2) of Cr.P.C, the accused No.1 to 3 are convicted for the offence punishable under Section 138 of the Negotiable Instruments Act. The accused No.1 to 3 are sentenced to pay fine of Rs.6,40,164/- (Rupees Six Lakh Forty Thousand One Hundred Sixty Four Only) to the complainant. If the accused fails to pay the amount as agreed in the joint memo and in default the accused No.2 & 3 shall undergo simple imprisonment for a period of 6 (six) months.
The fine amount so collected
Rs.6,40,164/- (Rupees Six Lakh Forty
Thousand One Hundred Sixty Four Only) shall be paid to the complainant as C.C. 13153/2024
- 14 -
compensation under Section 357(1) of Cr.P.C.
The joint memo submitted by both the parties shall be read as part and parcel of this order.
Bail bond of the accused No.2 & 3 stand canceled.
Office is directed to furnish copy of this Judgment to the accused free of cost in compliance under Section 363(1) of Cr.P.C. (Directly dictated to Stenographer, on computer, typed by her, corrected and then pronounced by me in the open court on this the 3 rd day of September, 2025) (PAVITHRA R.) XIII ACJM, BENGALURU CITY ANNEXURE Witnesses examined on behalf of the complainant:
PW.1 : Sri. Kapil Jain. G. Documents marked on behalf of the complainant:
Ex.P1 : General Power of Attorney
Ex.P2 & 3 : Original Cheque
Ex.P2(a) & 3(a) : Signature of the accused
Ex.P4 & 5 : Bank endorsements
Ex.P6 : Copy of Legal notice
Ex.P7 to 10 : Postal receipts
Ex.P11 & 12 : Postal acknowledgments
Ex.P13 & 14 : Unserved postal covers
C.C. 13153/2024
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Ex.P15 : Online copy of ledger account
Ex.P16 to 33 : Online Invoice bills
Ex.P34 : Certificate u/s.65(B) of Indian
Evidence Act
Witnesses examined on behalf of the accused:
- NIL -
Documents marked on behalf of the accused:
- NIL - Digitally
signed by
PAVITHRA R
PAVITHRA
Date:
R 2025.09.09
10:59:52
+0530
XIII ACJM, Bengaluru City.