Bangalore District Court
Icici Bank Limited vs Jenifer Bossia on 28 June, 2025
KABC020596672024
Digitally signed
by
RAGHAVENDRA
RAGHAVENDRA SHETTIGAR
SHETTIGAR
Date:
2025.07.02
12:50:38 +0530
IN THE COURT OF XIV ADDL. SMALL CAUSES JUDGE &
ADDL. CHIEF JUDICIAL MAGISTRATE,
AT BENGALURU (SCCH-10)
DATED THIS THE 28th DAY OF JUNE 2025
PRESENT:
SHRI. RAGHAVENDRA SHETTIGAR,
B.A., LL.B.,
XIV ADDL. SMALL CAUSES JUDGE &
ADDL. CHIEF JUDICIAL MAGISTRATE,
BENGALURU.
C.C No.17922/2024
COMPLAINANT : M/s. ICICI Bank Ltd.,
And having its Branch Office at:
ICICI Bank Ltd., 11th Floor,
C Wing, Mittal Tower, MG Road,
Bengaluru - 560001.
and Repd. by its Manager,
POA Holder and Authorized
Signatory,
Mr. Harish. E,
Aged about 35 years,
S/o. Eshwar.
(By Sri. S.M.A., Advocate)
2 C.C.No.17922/2024
// Versus //
ACCUSED : Mr. Jenifer Bossla,
Aged about 35 years,
S/o. Not known,
R/at No.1829, Kaveri Street,
Opp. Jubilee School Road,
Vijinapura, Bengaluru North,
Dooravani Nagar,
Bengaluru - 560 026.
(By Sri. K.P., Advocate)
:: J U D G M E N T ::
This is the complaint instituted by the complainant against the accused under Section 200 of Cr.P.C. for the offence punishable under Section 138 of Negotiable Instruments Act- 1881 R/w Section 25 of the Payment and Settlement Systems Act, 2007.
2. The Case of the complainant as per complaint averments is as follows:
The complainant bank is a Public Limited Company incorporated under the Companies Act, 1956. The accused being a borrower had approached the complainant company 3 C.C.No.17922/2024 seeking financial assistance and as per the request of the accused, they have sanctioned the Personal Loan. The accused is defaulter in payment of installments and on several request and demands, towards full and final settlement of the loan amount, the accused had issued Auto Debit request /electronic fund transfer i.e. NACH/ECS for a sum of Rs.2,63,778/- and when it was presented for clearance, same has been returned dishonoured with an endorsement "Balance insufficient" and despite receipt of demand notice, the accused has not paid the cheque amount. Thus, the accused has committed the offence punishable U/Sec. 25 of Payment and Settlement Systems Act. Hence, this complaint.
3. After filing of the complaint, the cognizance of the offence was taken and registered criminal case against the accused and the summons was issued to him. The accused has appeared before the Court through his counsel and was enlarged on bail. Subsequently, plea was recorded and the 4 C.C.No.17922/2024 substance of the accusation was read over and explained to him. He pleaded not guilty and claimed to be tried.
4. The Power of Attorney holder of the complainant was examined as PW-1 and the documents produced by the complainant were marked as Ex.P.1 to Ex.P.6.
5. Despite giving sufficient opportunity, the accused had not chosen to cross-examine PW-1. Further, the accused has not tendered for recording of statement as required U/Sec.313 of Cr.P.C. Hence, the statement of the accused U/Sec.313 was dispensed with.
6. Heard the arguments. Perused the materials available on record.
7. Now the points that arise for my determination are as follows:-
1) Whether the complainant proved, the accused towards full and final settlement of the loan amount, had issued Auto Debit request 5 C.C.No.17922/2024 /electronic fund transfer i.e. NACH/ECS for a sum of Rs.2,63,778/- and when ECS/ NACH was presented to the bank, same was dishonoured for 'Balance Insufficient' and despite receipt of demand notice, the accused has not paid the amount and thereby he has committed an offence punishable under Section 25(1) of the Payment and Settlement Systems Act, 2007 ?
2) What order?
8. On the basis of the materials available on record, my finding 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
9. POINT NO.1:
According to the complainant, the accused approached the complainant bank for financial assistance and the complainant bank sanctioned the personal loan. The accused is defaulter in payment of installments and towards full and final settlement of the loan amount, the accused had issued Auto 6 C.C.No.17922/2024 Debit request /electronic fund transfer i.e. NACH/ECS for a sum of Rs.2,63,778/- and when the ECS/NACH was presented, same was dishonoured for the reason 'Balance insufficient' and the complainant got issued a legal notice to the accused calling upon him to pay the amount covered under said ECS/NACH and despite service of notice, the accused has not paid the cheque amount.
10. To substantiate its case, the Power of attorney holder of the complainant company was examined as PW-1 and got marked Ex.P.1 to Ex.P.6. PW-1 has reiterated the contents of the complaint in his affidavit about lending of personal loan to the accused, issuance of cheque by the accused towards discharge of his liability and its dishonour and issuance of the legal notice to the accused calling upon him to pay the amount covered under cheque and his failure to comply the same. 7 C.C.No.17922/2024
11. Let me scrutinize the documents relied by the complainant in order to examine the compliance of statutory requirements as envisaged under Section 138 of N.I. Act. Ex.P.1 is the E-NACH mandate, Ex.P.2 is the Dishonour memo, Ex.P.3 is the Legal notice, Ex.P.4 is the RPAD receipt, Ex.P.5 is the Returned RPAD cover, Ex.P.5(a) is the Copy of the Legal notice and Ex.P.6 is the Certified copy of Power of Attorney.
112. On careful perusal of Ex.P.1 and Ex.P.2 E-NACH mandate and NACH bounce memo it reveal that, NACH transaction for a sum of Rs.2,63,778/- was failed for the reason 'Balance insufficient' in the account of the accused. Ex.P.3 is the Demand notice wherein it discloses that, after dishonour of ECS/NACH, the complainant caused a legal notice to the accused calling upon him to pay an amount of Rs.2,63,778/-. 8 C.C.No.17922/2024
13. On perusal of Ex.P.1 and Ex.P.2, it is crystal clear that the accused has opted for loan repayment mode vide ECS /NACH and when same was presented for a sum of Rs.2,63,778/- same was dishonoured for 'Balance insufficient' and despite service of notice, the accused has failed to make the said payment.
14. In the instant case, the accused neither cross-examined PW-1 nor lead any evidence on his behalf. The evidence tendered on oath by PW-1 remained unchallenged and unrebutted. Hence, the case put forth by the complainant has to be accepted. Therefore, this Court is of the opinion that the accused has committed an offence punishable U/s. 25(1) of the Payment and Settlement Systems Act for dishonour of NACH by not maintaining sufficient balance in his account. Hence, this Point No.1 under consideration is answered in the Affirmative.
9 C.C.No.17922/2024
15. POINT NO.2: In view of the reasons stated and discussed above, the complainant has proved that, the accused has committed an offence punishable under Section 25(1) of the Payment and Settlement Systems Act, 2007. By considering the circumstances of the case and the amount involved, this Court is of the opinion that, if the accused is directed to pay fine amount of Rs.2,63,778/- it will be just and proper. Accordingly, this Court proceeds to pass the following;
ORDER Acting under Sec. 255(2) of Cr.P.C., the accused is found guilty and he is convicted for the offence punishable under Section 25(1) of the Payment and Settlement Systems Act, 2007 and he is sentenced to pay a fine of Rs.2,63,778/- (Rupees Two Lakh, Sixty Three Thousand, Seven Hundred and Seventy Eight only). In default to pay the fine, accused shall undergo simple imprisonment for a period of three months.
10 C.C.No.17922/2024Further, entire fine amount on recovery shall be paid to the complainant as compensation.
Supply free copy of this judgment to the accused immediately.
The bail bond stands canceled.
(Dictated to the Stenographer directly on computer, typed by her and corrected by me and then pronounced in the open Court on 28 th day of June 2025).
(RAGHAVENDRA SHETTIGAR) XIV ADDL.S.C.J., ACJM & MEMBER-MACT, BENGALURU.
::A N N E X U R E::
LIST WITNESSES EXAMINED ON BEHALF OF THE COMPLAINANT:-
P.W.1 : Mr. Harish. E LIST OF DOCUMENTS MARKED ON BEHALF OF THE COMPLAINANT:-
Ex.P.1 : E-NACH mandate
Ex.P.2 : Dishonour memo
Ex.P.3 : Legal notice
Ex.P.4 : RPAD receipt
11 C.C.No.17922/2024
Ex.P.5 : Returned RPAD cover
Ex.P.5(a) : Copy of Legal notice
Ex.P.6 : Certified copy of Power of Attorney
LIST OF WITNESSES & DOCUMENTS BEHALF OF THE ACCUSED:-
-NIL-
(RAGHAVENDRA SHETTIGAR) XIV ADDL.S.C.J., ACJM & MEMBER-MACT, BENGALURU.