Bangalore District Court
M/S Fanuc India Pvt vs Persons : 1. M/S Evgreem Machine Tool on 4 March, 2022
IN THE COURT OF XXXVIII ADDL.CHIEF METROPPOLITAN
MAGISTRATE, BENGALULRU
Present : Sri. P. Shivaraj,
B.Com. LL.B.
XXXVIII A.C.M.M Bengaluru
Dated this the 04th day of March - 2022
C.C.NO:28278/2016
COMPLAINANT: : M/s Fanuc India Pvt., Ltd.,
Rep. By its Senior Manager -
Finance, Mr. Pramod Kumar .M.,
S/o Mahaveerchand .N.,
No.41A, Electronic City,
Bengaluru - 560 100.
(Rep. By. Sri. Uday Shankar
Associates)
Vs/
Accused Persons : 1. M/s Evgreem Machine Tool
and Automation Pvt. Ltd.,
No.05, 12th Main,
Kempapamma Layout,
Lakshmidevinagar,
Opp. IR Polytechnic,
Peenya III Phase,
Bengaluru - 560 058.
Rep. By its Director
Mr. Gandhi Srinivasan.
2. Mr. Gandhi Srinivasan,
Director,
No.05, 12th Main,
Kempapamma Layout,
Lakshmidevinagar,
Opp. IR Polytechnic,
Peenya III Phase,
Bengaluru - 560 058.
2 C.C.No.28278/2016
3. Mrs. Meena,
Director,
No.05, 12th Main,
Kempapamma Layout,
Lakshmidevinagar,
Opp. IR Polytechnic,
Peenya III Phase,
Bengaluru - 560 058.
(Rep. By A1 to A3 Sri.
Arikesari K. K. Advocate)
Offence : U/Sec.138 of N.I. Act of 1881.
Plea of accused : Pleaded not guilty.
Final Order : Accused No.2 and 3 are
convicted.
Date of Judgment : 04.03.2022.
(P. SHIVARAJ)
XXXVIII A.C.M.M.
Bengaluru.
: J U D G E M E N T :
The Complainant is a private limited company, its
Senior Manager for Finance Sri. Pramod Kumar has filed the
private complaint U/s 200 of Cr.P.C. against the accused
persons alleging that, they have committed the offence
punishable under section 138 of Negotiable Instrument Act,
1881. (For short N.I.Act,1881).
2. Complainant case is as follows:
Complainant company is engaged in the business of
manufacturing, import and export in respect of all types of
CNC systems and its components.
3 C.C.No.28278/2016
Accused No.1 is the private limited company, accused
No.2 and 3 are the directors of A1 company and they are in
charge of conducting the business for A1 company and they
are dealing with day to day affairs of A1 company.
Accused persons have settled their matter with the
complainant company before the Hon'ble High Court of
Karnataka in COP No.165/2014 for Rs.20,88,854/. They
have filed joint memo reporting their own settlement and the
repayment scheduled of settled amount before Hon'ble High
Court of Karnataka on 18.10.2016. In order to repay the part
payment of the settled amount, accused persons have issued
the cheque bearing No.276341, dated 25.01.2016, for
Rs.1,00,000/ in favour of the complainant company which is
drawn on Bank of India, Peenya Branch, Bangalore
3. As per the instructions of the accused persons
complainant company presented the aforesaid cheque for
encashment through its banker. The aforesaid cheque was
returned dishonoured with an endorsement "Funds
Insufficient", in the accused persons bank account, to that
effect, complainant company received the cheque return
memo from its banker on 26.10.2016. Complainant company
informed the aforesaid fact to the accused persons and it has
issued legal notice by way of RPAD to the accused persons on
09.11.2016, but the aforesaid notice was returned back with
shara "Addressee Left". Further, accused persons failed to
repay the cheque amount. Complainant company alleged
4 C.C.No.28278/2016
that, accused persons have intentionally not maintained the
sufficient amount in their bank account to honour the
cheque. Inasmuch, accused persons have committed the
offence punishable under section 138 of N.I. Act. On the
aforesaid allegations, the complainant company approached
this court and prays this court to punish the accused
persons and to award the compensation.
4. Originally the private complaint was filed before
Hon'ble XVACMM court Bengaluru. The learned presiding
officer of that court, took the cognizance for the offence
punishable U/s 138 of N.I.Act and recorded the sworn
statement of the Senior Manager of the complainant
company. On finding primfacie case, process was issued to
the accused persons.
Later as per special notification no. ADM/1/5/2020
dt:26.05.2020, case is transferred to this court.
5. After service of the summons to the accused
persons, accused No.2 and 3 have appeared before the this
court through their counsel, and they got released on bail. In
compliance with provision of section of 207 of Cr.P.C. papers
of the prosecution were supplied to the accused persons
The substance of the accusation is readout to them, in the
language known to them, they pleaded not guilty and submit
that, they are having defence to make.
7. In order to prove the guilty of the accused persons,
the Senior Manager (Finance) of the complainant company
5 C.C.No.28278/2016
adopted the evidence adduced by him at persummoning
stage as his examinationinchief and he got marked 6
documents which are at Ex.P1 to 6.
8. I have heard the oral arguments from the counsel
appearing for accused persons. I have perused the written
arguments along with material available on record.
9. The following points that arise for my
determination:
:P O I N T S:
1. Whether the complainant company
proves beyond reasonable doubt that,
the accused no.02 and 03 have
committed the offence punishable U/s
138 of the N.I Act, as alleged in the
Complaint?
2. What Order?
10. After carefully going through the materials
available on record and taking into consideration of facts
and circumstances of the case, my finding to the above
points are as follows:
Point No.1: In the Affirmative.
Point No.2:As per final order, for the following:
REASONS
11. Point No.1: PW1 being the Senior Manager -
Finance of the complainant company, he reiterated the
complaint averments in his sworn statement affidavit,
6 C.C.No.28278/2016
which is treated as his examinationinchief. Accused
persons have not disputed nor denied the status of PW1.
12. When the case is set down for cross of PW1,
Complainant company and accused have voluntarily
compromised and settled the matter outside the court
and they have filed joint memo reporting their settlement
and prays this court to pass the judgment as per their
settlement.
13. In view of the joint memo filed by the parties, it
is evident that, accused persons have admitted the
issuance of cheque to the complainant company and
his/their signature on it, Further, they admitted the
transaction with the complainant company and his/their
liability towards complainant company. In other words
accused persons have admitted the entire case and
documents of the complainant company in toto. Further,
in the joint memo they have voluntarily reported that,
they have settled the matter outside the court for the
cheque amount and the accused persons have agreed to
pay the same on 04.03.2022 and they prays this court to
pass the judgment as per memo.
14. The aforesaid fact is consented/acknowledge by
the complainant company. It is also true that,
complainant company has reserved it's right, to recover
the settled amount as per law, in case if there is any
7 C.C.No.28278/2016
default from the accused persons. The said fact is also
consented by the accused persons.
15. Apparently, accused persons have admitted the
entire case of the complainant company, and they have
reported their settlement by filing joint memo, inasmuch,
there is no material on record to disbelieve the reported
settlement by the parties and it is deserved to be
accepted. In view of the joint memo filed by complainant
company and accused person, it is crystal clear that
accused persons have admitted their guilt as alleged by
the complainant company. Further more, complainant
company and accused persons have agreed for their own
settlement and they have taken initiative with repayment
schedule for the settled amount and they prays this court
to pass the judgment accordingly by awarding the fine
amount as compensation to the complainant company
for the enforcement of their settlement, such being the
case and to meet the ends of justice and equity, and by
considering the admitted settlement. as reported by the
parties as per their join memo, I am answering this
point in the Affirmative.
16. POINT NO.2: For the foregoing reason and
discussion, on point No.1, I proceed to pass the following:
ORDER
Exercising the power conferred U/Sec.255(2) of Cr.P.C. accused No.2 and 3 8 C.C.No.28278/2016 are convicted for the offence punishable U/Sec. 138 of Negotiable Instrument Act.1881.
Accused No.2 and 3 are sentenced to pay a fine amount of Rs.1,00,000/ to the complainant company as per joint memo.
In default, Accused No.2 and 3 have to under go simple imprisonment for a period of three months each.
The entire fine amount shall be paid to the complainant company as compensation as per section 357(1)(a) of Cr.P.C.
The reported joint memo shall form part of the record.
The bail bond and surety bond of accused No.2 and 3 shall continue till they pay the agreed settled amount as per the joint memo.
Office is directed to supply the free copy of this judgment to the accused No.2 and 3 forthwith.
(Dictated to the stenographer and transcribed and computerized by her, corrected by me and then pronounced by me in the open court on 04th day of March 2022.) (P. SHIVARAJ) XXXVIII A.C.M.M. Bengaluru.
ANNEXURES:
1) List of Witness Examined on be half of Complainant firm:
PW.1 : Mr. Pramod Kumar .M
2) List of exhibits marked on be half of Complainant firm:
Ex.P.1 : C/c of joint memo in COP.165/2014.
Ex.P.2 : Cheque.
9 C.C.No.28278/2016
Ex.P.3 : Cheque return memo's.
Ex.P.4 : Office copy of legal notice.
Ex.P.5 : Postal receipts.
Ex.P.6 to 8 : RPAD covers.
3) List of exhibits marked on be half of the Accused No.02: NIL
4) List of Documents Marked on be half of the Accused no.02 : NIL (P. SHIVARAJ) XXXVIII A.C.M.M. Bengaluru.10 C.C.No.28278/2016
(Judgment pronounced in Open Court vide a separate Order) ORDER Exercising the power conferred U/Sec.255(2) of Cr.P.C. accused No.2 and 3 are convicted for the offence punishable U/Sec. 138 of Negotiable Instrument Act.1881. Accused No.2 and 3 are sentenced to pay a fine amount of Rs.1,00,000/ to the complainant company as per joint memo.
In default, Accused No.2 and 3 have to under go simple imprisonment for a period of three months each.
The entire fine amount shall be paid to the complainant company as compensation as per section 357(1)(a) of Cr.P.C.
The reported joint memo shall form part of the record.
The bail bond and surety bond of accused No.2 and 3 shall continue till they pay the agreed settled amount as per the joint memo. Office is directed to supply the free copy of this judgment to the accused No.2 and 3 forthwith.
(P. SHIVARAJ) XXXVIII A.C.M.M. Bengaluru.