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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.17607/2016



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.
                                    2                   CC.NO.17607/2016




6.Final Order:                     Acting   U/s.255(2)             Cr.P.C.,
                                   accused is Convicted.

7.Date of final Order              20th day of September 2017.
                                   ---
       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.80,00,000/-. 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.17607/2016




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;
                                   4                CC.NO.17607/2016




                              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.50,00,000/- to the

complainant through cheque as stated in para No.2(e) in

the Joint Memo. 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.17607/2016




                              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 Rs.50,00,000/- (Rupees Fifty Lakhs 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.

ANNEXURE Witnesses examined for the Complainant:-

PW-1 : Vivekananda Nayak 6 CC.NO.17607/2016 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.

20.09.2017 (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 Rs.50,00,000/- (Rupees Fifty Lakhs 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.