Bangalore District Court
Mr. R. Shivakumar vs Mr. Ram Lal Sah on 21 November, 2019
IN THE COURT OF XXXIV ADDL. CHIEF METROPOLITAN
MAGISTRATE, MAYO HALL UNIT, BENGALURU (ACMM-34)
PRESENT: Sri KAMALAKSHA.D, B.A., LLB.
XXXIV ADDL. CHIEF METROPOLITAN
MAGISTRATE,
Dated : This the 21st day of November, 2019.
C.C.No.55682/2018
COMPLAINANT : Mr. R. Shivakumar,
S/o. Ramakrishnappa,
Aged about 40 years,
R/at No.534, 5th Cross,
Near Maduramma Temple,
Hoodi Village, Mahadevapura Post,
Bengaluru - 560 048.
(By M/s.Champs Associates -
Advocate)
V/s
ACCUSED : Mr. Ram Lal Sah,
S/o. Dayashankar Sah,
Aged about 29 years,
R/at C/o.H.R. Vanamala, No.449,
5th Cross, Near Laxmi Narasimha
Temple, Hoodi Village,
Mahadevapura Post,
Bengaluru - 560 048.
(By Sri G.N.Vishwanath, Advocate)
1 Date of Commencement 04.12.2017
of offence
2 Date of report of offence 21.03.2018
3 Presence of accused
3a. Before the Court 24.12.2018
3b. Released on bail 24.12.2018
4 Name of the Complainant Mr. R. Shivakumar
5 Date of recording of 03.07.2018
evidence
6 Date of closure of evidence 08.08.2019
7 Offences alleged U/s 138 of the Negotiable
Instruments Act.
8 Opinion of Judge Accused is found guilty.
2 C.C.No.55682/2018
JUDGEMENT
The Private Complaint is filed under Section 200 of Cr.P.C against the accused alleging that he has committed the offence punishable under Section 138 of Negotiable Instruments Act.
2. The brief facts of the complaint are as follows:
The complainant submits that the Accused is known to him from 4 years. So he approached the Complainant in the month of September 2017 and asked a hand loan of Rs.3,00,000/- for his urgent necessities. The Complainant paid the said loan. Accused issued a cheque bearing No.000018 dtd.4.12.2017 drawn on HDFC Bank Ltd., Mahadevapura branch. The Complainant presented the Cheque through his banker State Bank of India, Hoodi branch. But the said Cheque dishonoured for the reasons "funds insufficient". Then the Complainant got issued demand notice on 23.2.2018. The said notice was duly served. The accused did not respond to the request of the Complainant. Therefore, the contention of the Complainant that the accused deliberately issued the Cheque in favour of the Complainant knowingly the fact of insufficient funds in his account. Therefore, the Complainant prays to convict and grant compensation.3 C.C.No.55682/2018
3. The cognizance for offence was taken of my learned predecessor. The criminal case came to be registered against the accused. The summons was issued to the accused. The accused in obedience of the summons appeared before the Court and enlarged on bail.
4. The substance of the accusation was framed, read over and explained to the accused in the language known to him by the learned predecessor of this Court. The accused pleaded not guilty and claimed to try the case. Hence, the case was posted for complainant's evidence.
5. The Complainant got examined himself as PW-1 and got marked 5 documents as Ex.P.1 to Ex.P.5.
6. The statement as required under Section 313 of Cr.P.C. was recorded. The accused denied all the incriminating evidence appeared against him. In view of compromise, the Accused has given up his evidence.
7. I heard the Arguments of both side.
8. Now the following points that arise for the consideration of this Court are :
1. "Whether the Complainant proves the cheque issued by the accused person dishonoured with 4 C.C.No.55682/2018 an endorsement as "funds insufficient" and inspite of service of legal notice and demand the accused person failed to pay the cheque amount within stipulated period as such he has committed an offence punishable under Section 138 of Negotiable Instruments Act?"
2. What order ?
9. My answer to the above points are as follows :
POINT No.1 : In the Partly Affirmative POINT No.2 : As per final order for the following;
REASONS
10. POINT No.1 - PW1 in the affidavit by way of chief- examination has repeated the versions of complaint. I would not like to reproduce the same to avoid repetition of facts since the complainant has explained the details of complaint in chief- examination. The Complainant got marked 5 documents. Meanwhile the parties have filed joint petition u/Sec.147 of N.I. Act by settling the matter for a sum of Rs.2,20,000/-, out of which, the amount of Rs.30,000/- was paid on 8.8.2019 and Accused agreed to pay remaining amount on or before 10th of every month in six installments. The Complainant has also agreed for the terms of the settlement. The Sec. 147 of N.I. Act allows to compound the matter. Therefore, if the compromise petition is accepted, it would not go against the procedure. 5 C.C.No.55682/2018 Therefore, the Point No.1 is answered in the Partly Affirmative.
11. POINT No.2 : In view of discussion held in Point No.1, I proceed to pass the following :
ORDER Applciaton U/Sec.147 of N.I. Act, is allowed. The Accused is directed to pay the balance amount as agreed in the compromise petition on or before date fixed by them in the petition. If Accused fails to comply the order, conviction order will be passed on the basis of joint compromise petition.
(Dictated to the Stenographer, transcript computerized by her, revised corrected and then pronounced by me in the open Court on this the 21st day of November, 2019) (KAMALAKSHA.D), XXXIV ACMM, BENGALURU ANNEXURE
1. Witnesses examined on behalf of Complainant:
P.W.1 Mr. R. Shivakumar
2. Documents marked on behalf of complainant:
Ex.P.1 Cheque Ex.P.2 Bank endorsement Ex.P.3 Office copy of Legal Notice Ex.P.4 Postal receipt Ex.P.5 Postal cover
3. Witnesses examined on behalf of Accused : NIL
4. Documents marked on behalf of Accused : NIL (KAMALAKSHA.D), XXXIV ACMM, BENGALURU.