Bangalore District Court
Having Its Registered Office At No.52/A vs Major on 31 March, 2021
BEFORE THE COURT OF XXIV ADDITIONAL SMALL CAUSES
JUDGE AND THE MOTOR ACCIDENT CLAIMS TRIBUNAL &
A.C.M.M. (SCCH-26) AT BENGALURU
DATED THIS THE 31st DAY OF MARCH 2021
PRESENT: SRI.R.MAHESHA B.A.L LLB,
XXIV ADDL. SCJ & ACMM
& MEMBER - MACT
BENGALURU.
1. Sl. No. of the Case CC.No.6108 of 2018
2. The date of 06.12.2018
commencement of
evidence
3. The date of closing 06.12.2018
evidence
4. Name of the M/s Kapil Chits (k) Pvt., Ltd.,
Complainant having its registered office at No.52/A,
4th cross, Marenahalli, 2nd Phase,
JP nagar, Bangalore,
represented by legal officer Sri.T.Prasad
(Advocate-Sri.C.B.A.S.)
5. Name of the Mrs.Savitha W/o Puttaraju,
Accused Major, R/at No.90, 2nd Block,
2nd main,
Nandini layout,
Bangalore-560 096
And also residing No.29, 1st main,
1st cross, New Extn., NG Halli,
Bangalore-560 073.
(Advocate-Sri.S.M.)
6. The offence U/s.138 of The Negotiable Instruments Act
complained of
7. Opinion of the Accused found guilty
2 C.C.NO.6108 of 2018
judge
JUDGMENT
The complainant company filed this complaint through its legal officer under Section 200 of Cr.P.C against the accused alleging that the accused has committed the offence punishable under Sec.138 of the Negotiable Instruments Act, 1881. (In short for N.I.Act)
2. The brief facts of the complainant case is as under:
The complainant is a registered company under the company`s Act 1956 and its running a chit business as per chit funds Act 1982. The accused has subscribed chit group bearing No.KVT08J-25 with the ticket No.25 for a chit value of Rs.5,00,000/- payable at Rs.10,000/-p.m. over a period of 50 months. The accused was successful bidder in auction held on 24-12-2016 and bid value of Rs.2,00,000/- and accused has received the amount of Rs.3,00,000/- on 7-3-2017 by furnished 3 C.C.NO.6108 of 2018 the requisite surety. Thereafter the accused defaulted to pay the subscribed amount. Therefore he has issued a cheque bearing No.446001 for Rs.3,24,500/- drawn on State Bank of India, Nandini layout branch, Bangalore dated 1-9-2018. The said cheque presented in his banker Union Bank of India, Chandralayout branch, Bangalore. But the cheque was dishonoured with endorsement "Funds Insufficient''. It was brought to the notice of the accused through legal notice dated 31-10-2018 calling upon the accused to make payment of the amount. But neither the accused had replied the said notice nor made payment of the amount due. Therefore complainant filed this complaint.
3. After perusal of the material available on record and on prima-facie material grounds, this Court took cognizance and thereafter sworn statement was recorded and summons was issued to Accused. After service of summons, the accused appeared through his counsel and got enlarged himself on bail and substance of accusation was recorded as to the alleged 4 C.C.NO.6108 of 2018 offence under Section 138 of Negotiable Instrument Act. The Accused person pleaded not guilty and claimed to be tried.
4. At this stage, the complainant and accused filed joint memo to pass Judgment on the basis of terms and conditions enumerated in the said application.
5. Heard arguments of both side and perused the materials.
6. From the above facts of the case, the points that arise for my consideration are: -
i. Whether the accused is liable to be convicted in terms of joint memo dated 30.03.2021?
ii. What Order?
7. My findings to the above points are:
Point No.1: - In the Affirmative Point No.2: - As per final order for the following: -5 C.C.NO.6108 of 2018
R E A S O N S
8. Point No.1: - This court already issued a process to the accused and in response to it, accused appeared and proceed with the trial, as such there is no need to go back again to reconsider the compliance of provisions of Section 138 of Negotiable Instrument Act.
9. It is pertinent to note that, whenever a private complaint is filed seeking prosecution of the accused for an offence punishable Under Section 138 of N.I.Act, if the issuance of cheque and the signature on the cheque is accepted and admitted by the accused, an initial presumption has to be raised by the Court in favour of the complainant, that the cheque in question was issued towards legally recoverable debt or liability. Of course, this presumption is rebuttable presumption. Such rebuttable evidence has to be placed before the court by the accused. It is well known that, the accused can rebut the said legal presumption either by cross examination of complainant or by leading evidence. 6 C.C.NO.6108 of 2018
10. It is significant to note that the partner of the complainant himself examined before the court and got marked some documents. After completion of evidence on complainant side, the complainant and the accused has filed joint memo and prayed to pass the judgment on the basis of terms and conditions enumerated in the joint memo. The complainant and accused have amicably settled their dispute in the above case in respect of cheque amount of Rs.3,24,500/-. The complainant and accused have agreed to settle the dispute on payment of Rs.3,50,000/- as full and final settlement. The payment details herein:-
Sl.No. Date Amount 1 30-03-2021 Rs. 30,000/- 2 15-04-2021 Rs.1,00,000/- 3 30-05-2021 Rs.1,00,000/- 4 30-07-2021 Rs.1,20,000/-
11. On receipt of entire settlement amount as agreed upon by the accused there will be no other claims of whatsoever, nature of each other with respect to said transactions as stated in complaint. In the default of accused 7 C.C.NO.6108 of 2018 as per agreed terms the accused will be entitled to pay the remaining amount with interest hereon.
12. Therefore, when the accused has admitted liability to the extent of Rs.3,50,000/-, the complainant acknowledged through this joint memo, I am of the opinion that to the extent of Rs.3,20,000/- accused is liable to be convicted. As such, I answer point No.1 in the Affirmative.
13. Point No.2: In the light of the above discussed facts and circumstances of the case, I proceed to pass the following:
ORDER Acting under Section 255[2] of Cr.P.C., the accused is convicted for the offence punishable under Section 138 of the NI Act and sentenced to pay fine amount of Rs.3,20,000/- (Rupees Three lakhs Twenty thousand only) as stated in the joint memo. If the said amount is deposited, same shall be paid to the complainant as compensation.
The joint memo filed by both parties dated 30-3-2021 shall part and parcel of the record/judgment.8 C.C.NO.6108 of 2018
In default, he shall undergo SI for a period of six months.
It is further made it clear that if the accused opt to undergo imprisonment, it does not absolve her from liability of paying compensation to the complainant.
Office is hereby directed to supply free certified copy of this judgment to the accused forthwith.
The bail bond of the accused and surety stands cancelled.
(Dictated to the Stenographer directly on the computer, typed by her, transcript revised corrected and then pronounced by me in the Open Court on this the 31st day of March 2021) (MAHESHA R.) XXIV ADDL. SMALL CAUSES JUDGE & A.C.M.M. BENGALURU.
::A N N E X U R E::
LIST OF WITNESSES EXAMINED ON BEHALF OF THE COMPLAINANT:
PW-1 : T.Prasad LIST OF DOCUMENTS MARKED ON BEHALF OF THE COMPLAINANT:
Ex.P.1 : Cheque Ex.P.1(a) : Signature of the accused 9 C.C.NO.6108 of 2018 Ex.P.2 : Endorsement Ex.P.3 : Legal notice Ex.P.4 & 5 : Returned postal covers Ex.P.6 : Agreement of chit Ex.P.7 : Statement of account Ex.P.8 : Memo of calculation Ex.P.9 : Certificate of incorporation Ex.P.10 : Minutes of meeting Ex.P.11 : Authorization LIST OF WITNESSES EXAMINED ON BEHALF OF THE ACCUSED: : NIL LIST OF DOCUMENTS MARKED ON BEHALF OF THE ACCUSED: : NIL (MAHESHA R.) XXIV ADDL. SMALL CAUSES JUDGE & A.C.M.M. BENGALURU.