Bangalore District Court
D.C. Krishna Reddy vs K. Nagaraj on 21 July, 2016
IN THE COURT OF XIII ADDL. CHIEF METROPOLITAN
MAGISTRATE, BANGALORE.
:: PRESENT ::
SMT. C.G. VISHALAKSHI, B.A., L.L.B.,
XIII A.C.M.M Bangalore.
C.C. NO.1105/2015
Dated: This the 21st day of JULY-2016
COMPLAINANT/S: D.C. Krishna Reddy,
S/o. D. Chinna Venkata Reddy,
Aged about 59 years,
R/at. Nayanapalli village,
Rajupeta Post,
Santhipuram Mandal,
Chittoor District.
ACCUSED: K. Nagaraj,
S/o. Kesava Reddy,
Aged about 45 years,
R/at. No.6/7, 1st Cross
Adars Nagar, 4th Main,
Chamarajpet, Bangalore-18.
Offence U/s.138 of Negotiable
Instruments Act.
Plea of the accused Pleaded not guilty
Final order Convicted
******
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JUDGMENT C.C.1105/2015
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 gist of the complaint is as follows;
The accused is known person to the complainant for past 15 years. The accused is doing business of interior decoration under the name and style of 'Indra Interior Designers' at Bangalore. The accused had approached the complainant for financial help for his legal necessities and borrowed total sum of Rs.11,47,000/- through cheques bearing No.380666, dated: 22-03-2007 for Rs.3,00,000/-, drawn on Corporation Bank, RVM Extension, Bangalore, No.434161, dated: 01-09-2007 for Rs.96,000/-, drawn on Corporation Bank, RVM Extension, Bangalore, No.424166, dated: 14-10-2007 for Rs.1,00,000/-, drawn on Corporation Bank, RVM Extension, Bangalore, No.605247, dated: 19-04-2008, for Rs.2,88,000/-, drawn on Canara Bank, Bommasandra Branch, Bangalore and No.626159, dated: 24-06-2009 for Rs.3,63,000/-, drawn on Canara 3 JUDGMENT C.C.1105/2015 Bank, Bommasandra Branch, Bangalore, and thereafter the accused has paid sum of Rs.1,47,000/- and for remaining amount he has issued cheque for Rs.10,00,000/- with cheque No.654205, dated: 28-10- 2013, drawn on HDFC Bank Ltd., K.G. Road Branch, Bangalore-09, on persistent demand assuring about its honour. On presentation of the said cheque by the complainant through his banker Andhra Bank, Kuppam Branch on 04-11-2013. The said cheque was returned unpaid as 'Account Closed', vide memo dated: 14-11-2013 and thereafter he had issued legal notice against the accused on 19-11-2013. The notice was served and returned on 30-11-2013. Despite of the same, the accused has not come forward to settle the cheque amount. Hence, the complainant approached this court contending that, the accused has committed an offence punishable under Section.138 of Negotiable Instruments Act and prays to deal the accused in accordance with law.
3. On presentation of the complaint, this court has taken cognizance of the offence, Sworn statement of the complainant was recorded. On perusal of the documents 4 JUDGMENT C.C.1105/2015 and on hearing the complainant, process was issued against the accused. In pursuance of the process, the accused appeared before this court and enlarged on bail. Copies of the complaint papers supplied to him. Substance of accusation was readover and explained to the accused. Accused did not pleaded guilty and claims to be tried. Hence, the matter was posted for evidence of the complainant.
4. In order to prove the case of the complainant, he got examined himself as PW.1 & got marked documents as Ex.P1 to P8 and closed his side evidence. After completion of the chief-evidence complainant, the accused remained absent and not secure inspite of opportunity. Hence, the statement of the accused under Section.313 of Cr.P.C. is dispensed with.
5. Heard arguments.
6. Upon reading the entire materials on record and on hearing the arguments the following points that arise for my consideration:
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JUDGMENT C.C.1105/2015
POINTS
1. Whether the complainant proves
beyond all shadow of doubt that, the
accused has committed an offence
punishable under Section.138 Negotiable
Instruments Act?
2. What order?
7. 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.
REASONS
8. POINT NO.1 : It is the specific case of the
complainant that the accused being known person for past 15 years had borrowed total sum of Rs.11,47,000/- through cheques bearing No.380666, dated: 22-03-2007 for Rs.3,00,000/-, drawn on Corporation Bank, RVM Extension, Bangalore, No.434161, dated: 01-09-2007 for Rs.96,000/-, drawn on Corporation Bank, RVM Extension, Bangalore, No.424166, dated: 14-10-2007 for Rs.1,00,000/-, drawn on Corporation Bank, RVM Extension, Bangalore, No.605247, dated: 19-04-2008, for 6 JUDGMENT C.C.1105/2015 Rs.2,88,000/-, drawn on Canara Bank, Bommasandra Branch, Bangalore and No.626159, dated: 24-06-2009 for Rs.3,63,000/-, drawn on Canara Bank, Bommasandra Branch, Bangalore, to meet his legal necessities. On persistent demands though he had repaid a sum of Rs.1,47,000/- by cash, to towards balance amount he has issued cheque for Rs.10,00,000/- with cheque No.654205, dated: 28-10-2013, drawn on HDFC Bank Ltd., K.G. Road Branch, Bangalore-09 and the said cheque on its presentation returned unpaid as 'Account Closed'. Despite of issuance of legal notice against the accused as contemplated under Section.138 of Negotiable Instruments Act, he did not come forward to settle the cheque amount. Hence, complainant has maintained this complaint.
9. To prove his case, he got examined himself as PW.1 and deposed his evidence by way of an affidavit and reiterated averments of the complaint with regard to loan transaction in between himself and the accused and about issuance of this disputed cheque towards discharge of the outstanding due towards loan amount and about 7 JUDGMENT C.C.1105/2015 dishonour of said cheque and issuance of demand notice and its non-compliance.
10. To substantiate his oral evidence he got marked documents as Ex.P1 to P8. Ex.P1 is cheque i.e., bearing No.654205, dated: 28-10-2013 for a sum of Rs.10,00,000/- drawn on HDFC Bank, K.G. Road Branch, Bangalore-09. Ex.P2 is the bank endorsement shows that the Ex.P1 cheque was dishonoured on its presentation for encashment for the reason 'Account closed' on 14-11-2013. Ex.P3 is the legal notice dated: 19-11-2013 issued against the accused by appraising the fact of dishonour of the cheque allegedly given by the accused in his favour towards discharge of the loan of Rs.10,00,000/- allegedly borrowed by the accused from the complainant and the said notice further reflects the fact of demand of the complainant with the accused for repayment of the cheque amount. Ex.P4 is the Envelope Cover and Ex.P5 notice sent through RPAD. As per Ex.P4 Envelope, it was returned unserved as 'Intimation delivered'.
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JUDGMENT C.C.1105/2015 11. After completion of the evidence, though the
complainant was present before this court and tendered himself for cross-examination, but it is the accused only not chosen to cross-examine PW.1 to falsify the case of the complainant and to establish his defence nor adduced any evidence on his side. Hence, the evidence of PW.1 remained unchallenged and unquestioned. Even otherwise when the complainant has proved his case with necessary oral and documentary evidence, then there is no reason to disbelieve his version. Hence, I answered Point No.1 in the Affirmative.
12. POINT NO.2: In view of my discussions on Point No.1 as above, I proceed to pass the following:
ORDER Acting under Section. 255(2) Cr.P.C., the accused is convicted for the offence punishable under Section.138 of Negotiable Instruments Act.
The accused shall pay a fine of Rs.13,00,000/-. In default of payment of 9 JUDGMENT C.C.1105/2015 said fine amount, the accused shall undergo simple imprisonment for Six Months.
Out of the said amount, accused
shall be paid Rs.12,95,000/- to the
complainant as compensation, as
provided under Section.357 of Cr.P.C. and Rs.5,000/- shall be remitted to the state as fine.
(Dictated to the stenographer, transcribed by him, corrected and then pronounced in open court by me on this the 21st day of July-2016) (C.G.Vishalakshi) XIII A.C.M.M., Bangalore. ANNEXURE Witnesses examined on behalf of the complainant:
PW1 : D.C. Krishna Reddy Documents marked on behalf of the complainant:
Ex.P1 : Cheque
Ex.P2 : Bank Endorsement
Ex.P3 : Legal Notice
Ex.P4 : Postal Envelope
Ex.P5 : Notice
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JUDGMENT C.C.1105/2015
Ex.P6 : Complaint
Ex.P7&8 : Bank Pass Books
Witnesses examined on behalf of the accused:
- None -
Documents marked on behalf of the accused:
- Nil -
(C.G.Vishalakshi) XIII A.C.M.M., Bangalore.