Bangalore District Court
For The Offence Punishable U/S.138 Of vs In Response To The Summons on 20 September, 2017
IN THE COURT OF THE XV ADDL CHIEF METROPOLITAN
MAGISTRATE: BANGALORE CITY.
Dated this the 20th day of September 2017
Present: Subhash.B.Hosakalle., B.Com.LL.B (Spl)
XV Addl.C.M.M., Bangalore.
Judgment U/s.355 of the Cr.P.C. 1973.
1.Sl.No.of the case CC.No.20626/2016
2.Name of the Complainant: Dr.Sri.P.Dayananda Pai,
S/o.Late.P.Narasimha Pai,
Aged about 70 years,
having his office at No.10/1,
Ground Floor,
Lakshminarayana Complex,
Palace Road,
Bangalore-560 042.
Rep. by his SPA Holder,
Mr.U.Vivekananda Nayak.
3.Name of the accused: Sri.Ravi.L.,
Aged about 40 years,
S/o.K.B.Lakshman, Partner,
M/s.KBL and Sons,
No.1, Kumar Nursery,
New Bank Colony,
Konanakunte,
Bangalore-560 078.
4.The offence complained of U/s.138 of Negotiable
: Instruments Act.
5.Plea of the accused: Pleaded not guilty.
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6.Final Order: Acting U/s.255(2) Cr.P.C.,
accused is Convicted.
7.Date of final Order 20th day of September 2017.
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The accused has been prosecuted by the
complainant for the offence punishable U/s.138 of
Negotiable Instrument Act - 1881 (hereinafter referred as
NI Act for brevity)
The case of the complainant in brief are as under: -
2. As per complainant the accused for development of
a residential layout has borrowed Rs.5,58,00,000/-from
him and to repay the same the accused has issued the
cheque for a sum of Rs.50,00,000/-. On presentation of the
cheque which was came to be dishonoured with an
endorsement of "Funds Insufficient". The notice has been
issued to the accused. He failed to pay the cheque amount.
Hence the complaint.
3. After taking cognizance, issued summons to the
accused. In response to the summons, accused appeared
and was enlarged on bail. Plea for the offence was read over
3 CC.NO.20626/2016
and explained to the accused. Accused pleaded not guilty
and pleads his innocence. The complainant was examined
as PW-1 and got marked Ex.P1 to P.9. The case was posted
for the Cross-examination of PW-1, by that time both
parties and their counsels filed Joint Memo dated
12.09.2017.
4. The complainant, accused and their respective
counsels filed Joint Memo and they submitted that in view
of said Memo dispose of the case.
5. Heard both sides and perused the materials. The
points that arise for my consideration are as under:-
1) Whether the accused is liable to be
convicted in terms of Joint Memo
dtd 12.09.2017 ? ?
2) What Order ?
6. My findings on the above points are as follows:
Point No.1 : In the Affirmative,
Point No.2 : As per final Order, for the following;
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REASONS
7. Point No.1 - The Complainant, accused and their
respective counsels filed Joint Memo on 12.09.2017. The
contents of the same read over and explained to the
parties. They admits that the contents of the said Memo are
true and correct. I have gone through the contents of the
Memo. As per the terms and conditions of the Joint Memo
the accused has agreed to pay Rs.1,07,50,000/- in two
installments consisting Rs.50,00,000/- and Rs.57,50,000/-
through two cheques dated 30.03.2018 and dated
30.04.2018 to the complainant. Both parties submitted in
their Joint Memo that the terms and conditions stated in
the Memo are binds them. That the same are part and
parcel of this order. Thus, in view of Joint Memo the
accused is required to be convicted as he has admitted the
liability. Accordingly, I proceed to answer Point No.1
Affirmative.
8. Point No.2 : In view of the reasons assigned on
Point No.1, I proceed to pass the following:-
5 CC.NO.20626/2016
ORDER
Acting Under Sec.255(2) Cr.P.C., accused is hereby convicted for the offence punishable u/s.138 of the N.I.Act and sentenced to pay fine amount of Rs1,07,50,000/- (Rupees One Crore Seven Lakhs Fifty Thousand only) as stated in the Joint Memo. If the said amount is deposited, same shall be paid to the complainant as compensation.
The terms and conditions mentioned in the Joint Memo are part and parcel of this Order.
In default, accused shall undergo SI for a period of One Year.
(Dictated to the Stenographer directly on computer, transcript thereof is computerized and printout taken by him is verified and then pronounced by me in Open Court on this the 20th day of September- 2017.) (Subhash.B.Hosakalle) XV Addl. CMM., Bangalore.
6 CC.NO.20626/2016ANNEXURE Witnesses examined for the Complainant:-
PW-1 : Vivekananda Nayak Documents marked for the Complainant:-
Ex.P.1 : S.P.A.
Ex.P.2 : Agreement.
Ex.P.3 : M.O.U..
Ex.P.4 : Original Cheque.
Ex.P.4(a) : Signature of accused.
Ex.P.5 & P.6 : Two Bank Endorsements.
Ex.P.7 : Legal Notice..
Ex.P.8 : Postal Receipt.
Ex.P.9 : Postal Acknowledgement.
Witnesses examined For Defence:- Nil Documents marked for Defence:- Nil (Subhash.B.Hosakalle) XV Addl. CMM., Bangalore.
7 CC.NO.20626/201620.09.2017 (Judgment pronounced in Open Court vide separate Order) ORDER Acting Under Sec.255(2) Cr.P.C., accused is hereby convicted for the offence punishable u/s.138 of the N.I.Act and sentenced to pay fine amount of Rs1,07,50,000/- (Rupees One Crore Seven Lakhs Fifty Thousand only) as stated in the Joint Memo. If the said amount is deposited, same shall be paid to the complainant as compensation.
The terms and conditions mentioned in the Joint Memo are part and parcel of this Order.
In default, accused shall undergo SI for a period of One Year.
(Subhash.B.Hosakalle) XV Addl. CMM., Bangalore.
8 CC.NO.20626/2016 9 CC.NO.20626/2016