Bangalore District Court
M/S. Ella Interior vs Mr.Prem Anand S on 6 March, 2020
IN THE COURT OF THE XIX ADDL.CHIEF METROPOLITAN
MAGISTRATE AT BENGALURU CITY.
Dated this the 6th Day of March, 2020.
Present: Sri.MADHVESH DABER, B.COM., L.L.B(SPL).,
XIX ADDL.C.M.M., BENGALURU.
Case No. C.C.No.336/2017
Complainant M/s. Ella Interior
Having its office at:
No.15, Yarappa Garden Main Road,
Austin Town,
Bengaluru 560 047
Represented by its Proprietor,
Mr.Elangovan M.
Aged about 41 years.
(By Jayasimha S. Advocate)
V/s
Accused Mr.Prem Anand S
S/o.Stephen,
Aged about 40 years,
R/at, Flat No.316, 3rd Floor,
J Sons Felicia, ABlock,
ACES Layout, Singasandra
Bengaluru 560068
Offence complained of : U/s.138 of N.I. Act
Plea of accused : Pleaded not guilty.
Opinion of the Judge : Accused found guilty.
Date of order : 6th March 2020.
2 C.C.No.336/2017
JUDGMENT
The complainant has filed this complaint U/s.200 of Cr.P.C. against the accused for the offence punishable U/s.138 of N.I. Act.
2. The brief facts of the complaint are that; The complainant contends that, the complainant is carrying on business of interior designing services. The complainant is represented by its Proprietor Mr.Elangovan M. The accused being the customer of complainant approached the complainant for the interior designing services. Upon the request and requirement of accused the complainant has provided services worth Rs.4,00,000/. Out of that amount the accused has paid Rs.2,00,000/ through online payment. The remaining balance amount of Rs.2,00,000/ was promised by the accused to pay either by online transaction or by cheque. Subsequently, the accused has issued 3 post dated cheques as under.
SL.NO. DATE OF CHEQUE AMOUNT OF DRAWN ON
CHEQUE NUMBES CHEQUE
1 28.10.2016 383473 Rs.75,000/ Andhra
3 C.C.No.336/2017
Bank,
Electronic
City Branch,
Bangalore
2 28.10.2016 383474 Rs.75,000/ do
3 28.10.2016 383475 Rs.50,000/ do
But on presentation of these 3 cheques, they were dishonored for the reason "Account blocked situation covered in 2125". Thereafter the complainant got issued a demand notice on 05.12.2016 calling upon the accused to make good dishonoured amount due under the said cheque. Despite service of legal notice the accused neither replied the notice nor paid the cheque amount. On the other hand the complainant has also issued copy of legal notice to the banker of the accused namely Andhra Bank to furnish detailed information on the endorsement note "Account blocked situation covered in 2125". For that the Andhra Bank has issued reply notice dated 19.12.2016 stating that the accused account was automatically converted into DORMAT status i.e. Inactive Account for non operation for long time. It also reveals that the accused has got activated the account on 24.11.2016. The accused despite receipt of 4 C.C.No.336/2017 legal notice neither replied the notice nor paid the cheque amount. Thereby accused has committed offence under section 138 of Negotiable Instruments Act. Hence this complaint.
3. Soon after filing of the complaint, cognizance of the offence was taken. Matter was registered as P.C. After recording of sworn statement of the complainant, the Private Complaint lodged by the complainant was registered as a Criminal Case. Summons was issued as against the accused. The accused appeared through his Counsel and he was enlarged on bail. Substance of accusation was read over to the accused. The accused pleaded not guilty and claimed to be tried.
4. The complainant got examined himself as PW1 and he got produced 10 documents Ex.P1 to Ex.P10 and closed his side. The accused has not led any defence evidence from his side.
5. After closure of complainant side evidence, accused could not cross examine the complainant. Hence 5 C.C.No.336/2017 the crossexamination was taken as nil. Statement of the accused u/s.313 of Cr.P.C. was dispensed with. He did not lead any defence evidence from his side.
6. Heard argument.
7. Now, the points that arise for my consideration are as under:
i) Whether the Complainant proves that the accused in discharge of legally enforceable debt, issued three cheques total sum of Rs.2,00,000/(Rupees Two Lakhs only) which on presentation came to be dishonoured and he has failed to honour the notice and not paid the amount and thereby, committed offence u/Sec.138 of N.I. Act ?
ii) What order ?
8. My findings to the above points for consideration are as under :
Point No.1: In the Affirmative.
Point No.2: As per final order for the following;
REASONS 6 C.C.No.336/2017
9. Point No.1: In order to prove his case, the Complainant viz., ELANGOVAN M. entered into the witness box and filed an affidavit in lieu of examinationinchief and reiterated the complaint averments and got examined himself as PW1 and he got produced 10 documents Ex.P1 to Ex.P 10 and closed his side. The accused has not led any defence evidence from his side.
10. The complainant has filed affidavit reiterating the complaint averments. He has produced three cheques marked at Ex.P1 to P3. The signatures of the accused are marked at Ex.P1(a) to P3(a). Three Bank Endorsements are marked at Ex.P4 to P6. The office copy of the legal notice is marked at Ex.P7. Two Postal receipts are marked at Ex.P 7(a) and 7(b). Two Postal Acknowledgments are marked at Ex.P8 and P9. The Reply Notice issued by Andhara Bank is marked at ExP10.
11. What ever the evidence given by complainant is unchallenged and uncontroverted. The accused has not crossexamined complainant and not raised probable defense 7 C.C.No.336/2017 as to how his cheque went into the hands of complainant. He has not led defense evidence. So, it is abundantly clear that the case of the complainant is unchallenged and uncontroverted. Under these circumstances, the complainant has proved his case. The accused has failed to rebut the presumption U/s 139 of N.I. Act. Hence, accused is liable for conviction. Hence, considering all these aspects, I am of the opinion that the complainant has proved his case to the satisfaction of the court. On the other hand accused has failed to rebut the presumption under Section 139 of Negotiable Instruments Act. Hence, accused is liable for conviction. Hence, I answer the Point No.1 in the Affirmative.
12. Point No.2 : In view of my findings on the above Point and the reasons stated therein, I proceed to pass the following :
ORDER Acting u/Sec.255 (2) of Cr.P.C., the accused is hereby convicted for the offence punishable u/Sec. 138 of N.I. Act.8 C.C.No.336/2017
The accused is sentenced to pay a fine of Rs.4,00,000/ (Rupees Four Lakhs and only), in default he shall undergo simple imprisonment for 3 (three) months.
Out of fine amount, a sum of Rs.3,90,000/(Rupees Three Lakhs Ninety Thousand only), shall be paid to the complainant after appeal period is over.
Remaining fine amount of Rs.10,000/ shall be forfeited to State.
The bail bonds of the accused stand cancelled.
Office to furnish free copy of the Judgment to the accused forthwith. (Dictated to the Stenographer, transcript thereof is computerized and print out taken by her is verified and then pronounced by me in the Open Court on this the 6th day of March, 2020.) (MADHVESH DABER) XIX ADDL.C.M.M., Bengaluru.
ANNEXURE Witnesses examined on behalf of the Complainant :
PW.1 ELANGOVAN M Documents marked on behalf of the Complainant :
Ex.P.1 to 3 Cheques.
9 C.C.No.336/2017
Ex.P.1(a) to 3(a)) Signatures of the accused. Ex.P.4 to 6 Three Bank Endorsements. Ex.P.7 Office copy of the Legal Notice. Ex.P.7(a) & (b) Postal Receipt - 2Nos. Ex.P.8 & 9 Postal Acknowledgments 2 Nos. Ex.P.10 Reply letter issued by Andhra Bank Witnesses examined on behalf of the Accused: Nil. Documents marked on behalf of the Accused : Nil.
XIX ADDL.C.M.M., Bengaluru.
06.03.2020 Judgment (Judgment pronounced in the open court vide separate order) ORDER Acting u/Sec.255 (2) of Cr.P.C., the accused is hereby convicted for the offence punishable u/Sec. 138 of N.I. Act.
The accused is sentenced to pay a fine of Rs.4,00,000/ (Rupees Four Lakhs and 10 C.C.No.336/2017 only), in default he shall undergo simple imprisonment for 3 (three) months.
Out of fine amount, a sum of Rs.3,90,000/(Rupees Three Lakhs Ninety Thousand only), shall be paid to the complainant after appeal period is over. Remaining fine amount of Rs.10,000/ shall be forfeited to State.
The bail bonds of the accused stand cancelled.
Office to furnish free copy of the Judgment to the accused forthwith (MADHVESH DABER) XIX ADDL.C.M.M., Bengaluru 11 C.C.No.336/2017 *********corrected********