Bangalore District Court
Mr.Subhadip Dutta vs M/S.Dreamz Infra India Pvt. Ltd on 15 November, 2016
IN THE COURT OF THE XXII ADDL.CHIEF METROPOLITON
MAGISTRATE, BANGALORE CITY.
Dated this the 15th day of November , 2016,
PRESENT: SRI. NAGARAJEGOWDA.D, B.Com., LL.B.,
XXII Addl.C.M.M., Bangalore City.
JUDGMENT U/S 355 OF Cr.P.C.
C.C.No.15146/2016
Complainant : Mr.Subhadip Dutta,
S/o.Pankaj Kumar Dutta,
Aged about 36 years,
No.S3, Prashant Enclave,
Vijaya Bank Colony,
Shantiniketan Layout, Hulimavu,
Bangalore-560 076.
(By Sri.M.Jagadeesh.Adv.)
V/s.
Accused : 1.M/s.Dreamz Infra India Pvt. Ltd.,
Represented by its Managing Director,
No.577/B, 2nd Floor, Outer Ring Road,
Teachers Colony, Koramangala,
Near Silk Board,
Bangalore-560 034.
2.Ms.Disha Choudhary,
Managing Director,
M/s.Dreamz Infra India Pvt. Ltd.,
No.577/B, 2nd Floor, Outer Ring Road,
Teachers Colony, Koramangala,
Near Silk Board,
Bangalore-560 034.
(By Sri.Sheela.M.S.,.Adv.)
2 C.C.No.15146/2016
Date of Institution 22-06-2016
Offence complained of U/s 138 of N.I.Act.
Plea of the accused Pleaded not guilty
Final Order Accused is Convicted
Date of Order : 15 .11.2016.
The complainant filed the private complaint u/s 200 of
Cr.P.C alleging that, the accused person has committed an offence
punishable u/s 138 of N.I.Act.
REASONS
The brief facts of the complainant case is as follows:-
2. The complainant who entered into MOU dated 09.12.2014
with the A-1 Company to buy a flat in the project of "DREAMZ
SNEH". The accused No.1 company represented by accused No.2
is the Managing Director who was had signed the cheque in this
case. The complainant had advanced a sum of Rs.15,99,180/-
towards the aforesaid project. Despite repeated remainders the
Accused No.1 and 2 have failed to perform their contractual
obligation. Hence the Accused No.1 and 2 due sum of
Rs.15,99,180/- to the complainant. The accused No.1 had issued
an assurance letter dated 27.02.2016 when the earlier cheque got
3 C.C.No.15146/2016
bounced. The accused No.1 company inability and delay in
completing the project clubbed with the complainant office
relocation, the complainant had cancelled the project. The
aforesaid amount due to the complainant accused No.2 executed
and issued to the complainant cheque bearing No.003760 dated
25.02.2016 drawn on State Bank of India, HSR Layout Branch,
Bengaluru for sum of Rs.15,99,180/- the complainant as per the
advice of accused presented the said cheque for collection through
his State Bank of India, Hulimavu Branch, Bengaluru, but the
said cheque dishonoured due to "Funds Insufficient" as per the
Return Memo dated 2.05.2016. Thereafterwards, the
Complainant got issued legal notice on 19.05.2016 duly informing
the accused No.1 and 2 through R.P.A.D. the said notice duly
served to the accused on 20.05.2016. The complainant had
received the reply dated 01.06.2016 and they admitting and
asking the complainant to wait till 25th September-2016 to 30th
September-2016 for the amount due. The complaint is not
received of the cheque amount or any part thereof until this day.
Hence the complainant with no other alternative except filed this
case and convict the accused persons in accordance with law with
a compensation to the complainant in the interest of justice and
equity.
4 C.C.No.15146/2016
3. The accused persons appeared before this court and
contest this case by denying the entire case of complainant at the
time of recording of Plea of Accusation. In support of the case of
complainant examining himself as PW-1 and got marked Ex.P1 to
P9. The accused and his counsel remained absent before this
Court intentionally. Hence this Court without any other option
taken the cross examination of PW-1 nil and thus the
complainant closed his side evidence. The accused remained
absent before this Court no incriminating evidence appeared
against the accused. Hence this Court taken the recording of
U/s.313 of Cr.PC. dispensed with.
4. Thereafterwards I have heard the arguments of the
Complainant counsel. But the Accused and his counsel remains
absent before this Court. Hence their side arguments taken nil.
5. In support of the case of complainant examined himself
as PW-1 filed by way of affidavit in which he reiterated the
contents of complaint and got marked Ex.P1 letter alleged to be
executed by the accused No.1 and 2 on 27.02.2016 in which they
have confirmed towards the amount of Rs.15,99,180/- and also
informed the cheque issued by them got dishonoured and they
5 C.C.No.15146/2016
will refunding the said amount through DD or RTGS Draft which
will be issued on April 14th 2016 with the delay charges of 15%
per annum. Ex.P2 cheque alleged to be issued by the accused
persons in favour of complainant and identified the signature of
accused No.2 as Ex.P2(a). This cheque was dishonoured due to
"Funds Insufficient" as per Ex.P3 endorsement issued by the
bankers. Ex.P4 is the copy of legal notice the same is sent to the
accused persons as per Ex.P6 and P6 are the RPAD postal
receipts. The said notice duly served to the accused No.1 and 2
as per Ex.P7 and P8 are the postal acknowledgements. Ex.P9 is
the reply notice issued by the Accused in which they have
admitting the transaction with the complainant and due to
various reasons they could not complete the project. Hence they
going to settle the pending issues between 25th September-2016
to 30th September-2016. Ex.P9(a) is the reply notice postal cover.
On the basis of aforesaid facts and circumstances of the case the
complainant had proved the alleged guilty of the accused persons.
Hence the accused persons are held liable and they shall pay
interest amount towards the alleged cheque amount. Accordingly,
I pass the following:-
6 C.C.No.15146/2016
ORDER
The complaint filed u/s.200 of Cr.P.C. is hereby allowed. No costs.
The accused persons are convicted for the offence punishable u/s 138 of N.I.Act. sentenced to pay a fine of Rs.16,00,5000/- out of the said fine amount sum of Rs.5000/- is adjusted to the State and rest of the fine amount is awarded as compensation to the Complainant and the same shall be paid by the Accused No.1 and 2 with simple interest at the rate of 15% per annum from the date of the cheque till realization of the same, in default the accused No.1 and 2 undergo S.I. for a period of one year.
Supply copy of this Judgment to the Accused No.1 and 2 with free of cost.
(Dictated to the Stenographer, transcribed and computerized by her, corrected and then pronounced by me in the open court on this the 15th day of November, 2016) (NAGARAJEGOWDA.D) XXII ACMM, Bangalore city.
7 C.C.No.15146/2016ANNEXURE Witnesses examined for the Complainant:
PW.1 : Subhadip Dutta Witness examined for the accused:
Nil List of Documents marked for the Complainant:
Ex.P1 : Assurance Letter Ex.P2 : Cheque Ex.P2(a) : Signature of the Accused No.2 Ex.P3 : Endorsement Ex.P4 : Copy of the Legal notice Ex.P5 and 6 : RPAD Postal Receipts Ex.P7 & P8 : Postal Acknowledgements Ex.P9 : Reply notice.
List of Documents marked for the accused:
Nil :
XXII ACMM, Bangalore.8 C.C.No.15146/2016
15.04.2016 (Order Pronounced in the Open Court Vide Separate Ordersheet) ORDER The complaint filed u/s.200 of Cr.P.C. is hereby allowed. No costs.
The accused persons are convicted for the offence punishable u/s 138 of N.I.Act. sentenced to pay a fine of Rs.16,00,5000/- out of the said fine amount sum of Rs.5000/- is adjusted to the State and rest of the fine amount is awarded as compensation to the Complainant and the same shall be paid by the Accused No.1 and 2 with simple interest at the rate of 15% per annum from the date of the cheque till realization of the same, 9 C.C.No.15146/2016 in default the accused No.1 and 2 undergo S.I. for a period of one year.
Supply copy of this Judgment to the Accused No.1 and 2 with free of cost.
(NAGARAJEGOWDA.D) XXII ACMM, Bangalore city.