Bangalore District Court
M/S.63 Ideas Info Labs Private Ltd vs Sree Sai Traders on 13 March, 2023
KABC030877712022
IN THE COURT OF THE XXV ADDL. CHIEF METROPOLITAN
MAGISTRATE, AT BANGALORE
Dated this the 13th day of March, 2023
Present:
Present : Smt.Sujata Sidagouda Patil,
B.SC.,LL.B.
XXV Addl. Chief Metropolitan Magistrate,
Bangalore.
C.C.No.37427/2022
Complainant : M/s.63 Ideas Info Labs Private Ltd.,
(Ninjacart)
R/at.Vaishnavi Signature,
9th Floor, No.78/9, Outer Ring Road
Bellandur Village
Varthur Hobli,
Bengaluru 560 103.
Rep by its Manager
Mr.Kiran Kashinathan.
(By VL Advocate )
V/s
Accused : 1.Sree Sai Traders
R/at. 2nd Cross, Electronic City Phase 2
Electronic City, Bengaluru 560 100.
Rep. By its Proprietor
Ashok Kumar Amrutlal Pandya.
2. Ashok Kumar Amrutlal Pandya,
S/o.Amrutlal
Proprietor Sree Sai Traders
R/at.No.2, 4th Cross, 1st Main Road,
Muneshwari Temple Street
Sanjay Nagar, RMV Extension, 2nd Stage
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C.C.No.37427 /2022
Bangalore 560 094.
(By Sri VRL Advocate )
Plea of accused: Pleaded not guilty.
Final Order: Accused is convicted
Date of judgment : 13.03.2023
JUDGMENT
The complainant filed the complaint under Sec.200 Cr.P.C. against the accused for the offence punishable under Sec.138 Negotiable Instruments Act (For short N.I.Act).
2. The brief facts of the complainant case is as under:
The complainant is involved in the business of wholesale trading of agricultural products and fresh produce supply and the complainant is tied up with Non Banking Financial Institution. The accused represented himself as he is engaged in the business of whole sale trading and applied for loan before the complainant through Trillion loans Fintech Private Limited in loan Application NO.4109, after considering the application the complainant extended credit facility up to Rs.4,72,000/ . Out of which the accused have availed loan of Rs.2,36,000/.After sanction of loan the accused issued signed NACH dt.03.10.2022 drawn on Axis Bank, Yeshwanthpur, Bengaluru for Rs.1,00,656/ towards part payment of liability. The complainant presented said NACH though its banker and the same returned dishonored for the 3 C.C.No.37427 /2022 reason "Balance Insufficient". On receipt of said intimation, the complainant got issued legal notice dt.21.10.2022 to pay the due amount. Despite of service of notice, the accused failed to pay the outstanding amount to the complainant. Therefore, the complainant was constrained to file the complaint against the accused. Hence, this complaint..
3. After filing of the complaint, cognizance taken and sworn statement recorded and got marked the documents as Ex.P.1 to Ex.P.11 The complainant has complied all the statutory requirements under Sec.138 of N.I.Act. On the other hand, accused has not complied with the demand notice issued by the complainant company nor made the payment within the stipulated period. Thereafter, the case is registered against the accused and summons issued. Pursuant to issuance of summons, the accused appeared through his Counsel and enlarged on bail. Plea recorded.
4. Further the copies of the papers were furnished to the accused as contemplated u/s.207 Cr.P.C. Accused pleads not guilty and claims for trial. The accused also filed an application u/s.145(2) of NI Act seeking permission to recall PW 1 for cross examination. Subsequently, when the matter was posted for cross of PW 1, the complainant and the accused appeared before 4 C.C.No.37427 /2022 the court and filed a Joint Memo. The parties submitted before the court that they agree and abide by the terms of joint memo. Both the side prayed to pass judgment taking into consideration the joint memo filed by the parties.
Heard arguments and perused the material on record.
5. On the basis of the contents of the complaint the following points arise for my consideration. :
1. Whether both the complainant and the accused have settled the dispute by way of filing joint memo for a sum of Rs.1,00,656/?
2. What Order?
6. My findings to the above points are as follows:
Point No.1: In the Affirmative.
PointNo.2 : As per final order for the following :
REASONS
7.Point No.1: The complainant has filed the complaint alleging that the accused committed an offence punishable u/s.138 Negotiable Instrument Act. After recording the sworn statement and pursuant to issuance of summons, the accused appeared through his counsel and enlarged on bail. Plea substance is readover and explained, accused pleads not guilty and claimed for trial. Sworn statement of the complainant has been recorded 5 C.C.No.37427 /2022 and got marked the documents as Ex.P1 to Ex.P.11 and the matter was posted for cross of PW1. Thereafter, both the parties appeared through their respective counsel and filed joint memo on 13.03.2023. Under the joint memo, the matter has been settled between the parties for a sum of Rs.1,00,656/ as full and final. As per the terms of joint memo, the accused agreed to pay said amount in installments as under :
1. Rs.25,000/ in the month of April 2023
2. Rs.25,000/ in the month of May 2023
3. Rs.25,000/ in the month of June 2023
4. Rs.25,656/ in the month of July 2023.
[
8. In this case, it is to be considered by the court that whether the mandatory requirement as mentioned u/s.138 Negotiable Instrument Act has been complied with or not. The NACH issued by the accused is dated dt.15.07.2022 . That on 21.10.2022 the legal notice is issued through RPAD. The complaint is filed on 05.12.2022. It is evident that the NACH was presented for encashment within the valid time. Notice demanding the cheque amount and filing of the complaint before the court after service of notice are within the period specified. Hence, provisions mentioned in under Sec.138 of NI Act is duly complied with. Consequently, legal presumption u/s.139 & 118 of NI Act exists in favour of the complainant. But during trial when 6 C.C.No.37427 /2022 reasonable opportunity is extended in favour of the accused to rebut the above said legal presumption, at that time, both the parties approached with joint memo. Therefore, it is crystal clear that the accused has not paid the due amount.
9. Upon appreciation of the materials , this court is of the opinion that the accused failed to prove that he has not issued the NACH towards discharge of legally enforceable debt. On the contrary, the complainant has proved that the accused issued the NACH in question towards discharge of legally enforceable debt. When the same was presented it has been dishonored. Hence in this regard a notice has been issued against the accused. Despite service of notice, the accused has not paid the due amount. Hence, the court is of the opinion that the complainant has proved that the accused committed an offence punishable u/s.138 Negotiable Instrument Act. Subsequently, the complainant and the accused have settled the matter by filing the joint memo. Hence, Point No.1 is answered in the Affirmative.
10 . Point No.2 : In view of the discussion made supra, the court is of the opinion that the complainant has proved that the accused committed an offence punishable u/s.138 Negotiable Instrument Act. The joint memo has been filed by the complainant and the accused before this court through which accused admitted 7 C.C.No.37427 /2022 guilt. Hence, admitted facts need not be proved. Hence, both the parties i.e the complainant and the accused have requested to pass the judgment for payment of agreed amount as per the joint memo as compensation to the complainant. The complainant and the accused themselves have come forward with mode of repayment of the balance amount as per the terms of joint memo. Hence, in view of this I proceed to pass the following :
ORDER Acting u/s.264 Cr.P.C , the accused is hereby convicted for the offence punishable u/s.138 Negotiable Instrument Act and accused is sentenced to pay fine of Rs.1,00,656/ as under :
1. Rs.25,000/ in the month of April 2023
2. Rs.25,000/ in the month of May 2023
3. Rs.25,000/ in the month of June 2023
4. Rs.25,656/ in the month of July 2023.
The fine amount shall be paid to the complainant as compensation u/s.357 of Cr.P.C. In default of payment of fine amount, complainant is at liberty to take legal action against the accused as per law .
The contents of the memo is part and parcel of the record.
The bail bond of the accused and that of his surety if any stand canceled automatically on payment of entire amount.
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C.C.No.37427 /2022 The office is hereby directed to supply free copy of the judgment to the accused.
(Dictated to the Stenographer directly on the computer, typed by her , corrected and signed then pronounced by me in the open court on this the 13th day of March, 2023 ).
(SUJATA SIDAGOUDA PATIL) XXV A.C.M.M., BANGALORE.
ANNEXURE LIST OF WITNESSES EXAMINED FOR THE COMPLAINANT:
PW1 : Kiran Kashinathan.
LIST OF DOCUMENTS MARKED FOR THE COMPLAINANT:
Ex.P1 : Copy of the Incorporation Certificate Ex.P2 : Authorisation Letter Ex.P3 : Loan Application Form Ex.P4 : Sanction letter Ex.P5 : Agreement Ex.P6 : NACH Ex.P7 : Letter issued by Trillion Loan Fintech Pvt. Ltd., Ex.P8 : Retun Memo Ex.P9 : Legal Notice Ex.P10 : Postal Receipt Ex.P11 : Returned Postal Cover.
LIST OF WITNESSES EXAMINED FOR THE ACCUSED: Nil LIST OF DOCUMENTS MARKED FOR THE ACCUSED:
Nil Digitally signed
SUJATA by SUJATA
SIDAGOUDA
SIDAGOUDA PATIL
PATIL Date: 2023.03.14
15:32:39 +0530
(SUJATA SIDAGOUDA PATIL)
XXV A.C.M.M., BANGALORE.
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