Bangalore District Court
Sri. Revana Siddappa vs Sri. Balachennaiah on 26 October, 2021
IN THE COURT OF THE XII ADDL. CHIEF METROPOLITAN
MAGISTRATE, BENGALURU
Dated: This the 26th day of October 2021
Present : Sri Siddaramappa Kalyan Rao, B.A., LL.B.,
XII Addl. Chief Metropolitan Magistrate,
Bengaluru.
CC.No.29880 of 2019
COMPLAINANT/S: Sri. Revana Siddappa,
S/o. Late Chandrashekar,
Aged about 55 Years,
Residing at No.62,
1st Floor, 3rd C Cross,
Basava Samithi Layout,
Vidyaranyapura Post,
Bengaluru-560 097.
(Represented by
Sri. H.K.Nagabhushan., Advocate)
- Vs -
ACCUSED: Sri. Balachennaiah.,
Aged about 48 years,
St. No:E-209410,
Deputy General Manager,
Department Network
Centric System (NCS) Testing,
Bharath Electronics Ltd.,
Jalahalli Post,
Bengaluru - 560 013.
And also at:-
Sri. Balachennaiah.,
Deputy General Manager,
House No.F-37, 4th Floor,
2nd Block, 2nd Cross,
Lakeview Apartment,
2 CC.No:29880/2019
BEL Layout,
Vidyaranyapura Post,
Bengaluru - 560 097.
(Represented by
Sri. R.H.Manjunath., Advocate)
Offence Under Section 138 of Negotiable
Instruments Act
Plea of the accused Pleaded not guilty
Final Order Convicted
******
JUDGMENT
This complaint is filed under section 200 of Cr.P.C for the offence punishable under section 138 of Negotiable Instruments Act.
2. The brief facts of the complainant case is that:
The complainant submits that during the month of March 2016 the accused approached the complainant for hand loan of Rs.3,93,000/- for his urgent financial and domestic necessities. The complainant knows the accused as a co-worker and understood the situation and arranged a sum of Rs.3,93,000/- through his savings and paid the said amount by way of cash on 02/04/2016. The 3 CC.No:29880/2019 complainant further submits that after receiving the cash accused had promised to repay the said amount within a period of 2 years from 02/04/2016.
3. It is further contended that after 2 years, when the complainant approached the accused for refund of the loan amount of Rs.3,93,000/- during the month of August 2018 as the complainant was very badly in need of money, but the accused has not come forward to settle the loan amount. Finally the accused issued 2 cheques bearing No:349246 dated 10/08/2019 for a sum of Rs.1,95,000/- and another cheque bearing No:349247 dated 10/08/2019 for a sum of Rs.1,98,000/- both drawn on State Bank of India, Jalahalli Branch, Bengaluru. The accused assured to complainant that the said cheques will be honoured on its presentation to the Bank.
4. It is further contended that, when the complainant presented the said cheques through his Banker State Bank of India, BEL Factory Campus Branch, Jalahalli, Bengaluru, both the cheques were dishonoured 4 CC.No:29880/2019 for the reasons "Funds insufficient" and "Drawers signature differs" on 22/08/2019. Thereafter, the complainant having no other choice got issued legal notice to the accused on 28/08/2019 by RPAD and the said notice is duly served on the accused on 29/08/2019 and 31/08/2019. The accused has sent a reply notice to the complainant and the same is received by the complainant on 06/09/2019. Hence, the present complaint is filed.
5. After recording the sworn statement of the complainant, this court has registered the case against the accused for the offence punishable under Section 138 of Negotiable Instruments Act. Summons issued to the accused. The accused appeared through his counsel and enlarged on bail. There afterwards, plea of accusation was read over and explained to the accused in the language known by him and he pleaded not guilty and claims to be tried. In view of the defence raised by the accused, this court has directed the accused to deposit 20% of the cheque amount on 27/01/2021. In view of non-deposit of 20% of the cheque amount, this court has taken the cross- 5 CC.No:29880/2019 examination of PW-1 as nil. Since the accused has not challenged the evidence of the complainant, hence the statement of the accused under Section 313 of Cr.P.C is dispensed and accused has not chosen to lead defence evidence, hence the defence evidence is taken as nil. Thereafter, on 04/10/2021 both the complainant and accused and their respective counsels filed a joint memo stating that the case is compromised between the parties amicably for Rs.3,50,000/- out of cheque amount of Rs.3,93,000/- as full and final settlement. The accused has agreed to pay the settlement amount of Rs.3,50,000/- in 4 monthly installments. Since the said complaint filed by the complainant is compoundable one, the joint memo filed by both the parties is voluntary one and same is accepted. Hence, to avoid the multiplicity of the proceedings and to meet the ends of justice the case is posted for judgment.
6. Heard both the parties.
6 CC.No:29880/2019
7. The followings points would arise for my consideration?
(a) Whether both the complainant and accused have settled their dispute voluntarily by way of filing joint memo on 04/10/2021 for an amount of Rs.3,50,000/- as full and final settlement out of cheque amount of Rs.3,93,000/- in favour of complainant?
(b) What order ?
8. My answer to the above points:-
Point No.1 :- In the affirmative
Point No.2 :- As per the final order following.
REASONS
9. POINT NO.1 :- On perusal of the joint memo,
it reveals that both the parties have settled their dispute amicably between themselves on 04/10/2021 for a sum of Rs.3,50,000/- as full and final settlement out of the cheque amount of Rs.3,93,000/- to the complainant. In the joint memo, the accused has agreed to pay the settlement amount of Rs.3,50,000/- in 4 monthly installments as detailed below:-
7 CC.No:29880/2019
Sl.No. Date Amount
1 04/10/2021 Rs.1,00,000/-
2 04/11/2021 Rs. 85,000/-
3 04/12/2021 Rs. 85,000/-
4 04/01/2022 Rs. 80,000/-
Total Amount Rs.3,50,000/-
10. As per the joint memo filed on 04/10/2021, on the same day the accused paid the 1st installment amount of Rs.1,00,000/- to the complainant by way of cash. The accused has agreed to pay the remaining amount of Rs.2,50,000/- as per the dates mentioned in the joint memo. In view of the above settlement, I have considered the facts and circumstances of the case. I am of the view that, there is no necessity of recording evidence on merits since the admission of liability by the accused is to be considered as evidence to pass the judgment as prayed for in joint memo. As per the joint memo, both the parties have settled their dispute and hence the complainant has proved the alleged guilt of the accused beyond all 8 CC.No:29880/2019 reasonable doubts. Accordingly, I answered Point No.1 in the affirmative.
11. POINT NO.2 :- In view of my findings on points No.1 in the affirmative, I proceed to pass the following:-.
ORDER Acting under Section 255 (2) of Cr.PC, the accused is convicted for the offence punishable under Sec.138 of the Negotiable Instruments Act.
As per the joint memo, the accused is sentenced to pay Rs.3,50,000/- (Rupees Three Lakhs Fifty Thousand Only) to the complainant as full and final settlement.
The accused has already paid the 1st installment of Rs.1,00,000/- to the complainant on 04/10/2021 by way of cash.
9 CC.No:29880/2019
The remaining amount of Rs.2,50,000/- shall be paid by accused in 3 monthly installments as detailed below:-
Sl.No. Date Amount
1 04/11/2021 Rs. 85,000/-
2 04/12/2021 Rs. 85,000/-
3 04/01/2022 Rs. 80,000/-
Total Amount Rs.2,50,000/-
In default of payment of any one
installment, the accused shall undergo simple imprisonment for 15 (fifteen) days.
Office is directed to supply copy of Judgment to the accused free of cost.
(Dictated to the Stenographer on computer, print out taken by her is verified, corrected and then Pronounced by me in the Open Court on this the 26th day of October 2021).
(Siddaramappa Kalyan Rao) XII Addl. Chief Metropolitan Magistrate, Bengaluru City.
10 CC.No:29880/2019ANNEXURE List of witnesses examined on behalf of the complainant:
PW.1 : Sri. Revana Siddappa.
List of documents exhibited on behalf of the complainant:
Ex.P.1 and Ex.P.2 : 2 cheques. Ex.P.1(a) and Ex.P.2(a): Signatures of the accused. Ex.P.3 : Bank endorsement. Ex.P.4 and Ex.P.5 : 2 Legal notices. Ex.P.6 and Ex.P.7 : 2 Postal receipts. Ex.P.8 and Ex.P.9 : 2 Postal acknowledgements.
List of witnesses examined on behalf of the accused :
NIL List of documents exhibited on behalf of the accused :
NIL XII Addl. Chief Metropolitan Magistrate, Bengaluru City.11 CC.No:29880/2019
26/10/2021 Complainant - HKV Accused - RHM Judgment (Judgment pronounced in the open court vide separate order) ORDER Acting under Section 255 (2) of Cr.PC, the accused is convicted for the offence punishable under Sec.138 of the Negotiable Instruments Act.
As per the joint memo, the accused is sentenced to pay Rs.3,50,000/- (Rupees Three Lakhs Fifty Thousand Only) to the complainant as full and final settlement.
The accused has already paid the 1st installment of Rs.1,00,000/- to the complainant on 04/10/2021 by way of cash. 12 CC.No:29880/2019 The remaining amount of Rs.2,50,000/- shall be paid by accused in 3 monthly installments as detailed below:-
Sl.No. Date Amount
1 04/11/2021 Rs. 85,000/-
2 04/12/2021 Rs. 85,000/-
3 04/01/2022 Rs. 80,000/-
Total Amount Rs.2,50,000/-
In default of payment of any one
installment, the accused shall undergo simple imprisonment for 15 (fifteen) days.
Office is directed to supply copy of Judgment to the accused free of cost.
XII A.C.M.M., Bengaluru.