Bangalore District Court
M/S Tranquil vs Touch Intexteriors on 20 November, 2025
KABC030968312021
IN THE COURT OF LI ADDL. CHIEF JUDICIAL
MAGISTRATE, BENGALURU CITY
Present: Sri. KRISHNA. J, B.A., LL.B.,
LI Addl. Chief Judicial Magistrate,
Bengaluru.
Dated this the 20th day of November, 2025
C.C. No.37299/2021
COMPLAINANT: M/s TRANQUIL.,
AUTHORIZED REPRESENTATIVE,
SRI. SURESH,
having their registered office at
No.16, Lakshya Towers,
3rd Floor, 1st Cross, 5th Block,
Koramangala-560095.
(Reptd. By: Sri. Saaksha Legal., Advocate)
V/s.
ACCUSED: TOUCH INTEXTERIORS,
Represented by
Manikandan, 33, Anna Nagar,
4th Main Road,
Near St. Antony's School, Velachery,
Chennai-600042.
(Reptd. By: Sri. Abhilesh.J.,
Advocate)
:JUDGMENT:
The complainant has filed the complaint U/Sec. 200 of Cr.P.C alleging an offense punishable under Sec.138 of Negotiable instruments Act., 2 C.C.No.37299/2021 The brief case of the complainant is as hereunder:-
2. The complainant is a partnership firm registered under Indian partnership Act., and engaged in the business of Interior Designing. The accused is also a legal entity engaged in the business of interior and exterior, having its branch office and operations at Chennai.
3. The accused has engaged the services of complainant to supply various materials to its office. On every such occasion, the complainant promptly and to the satisfaction of the accused delivered the goods as per requirements of the accused. Every delivery was in time from the side of complainant, but accused was always delay in making necessary payment, only after repeated demands accused used to make payment. Finally the accused was due for Rs. 2,17,351.00 to the complainant.
Towards part payment the accused has issued a cheque bearing No.853844, drawn at Indian Overseas Bank Valuuvar Kottam, Branch Chennai dated 15.07.2022 in favor of complainant for Rs.72,450/-, the complainant presented the cheque for encashment through his banker, Kotak Mahindra Bank, Koramangala Branch, the cheque return unpaid with a shara "Exceeds Arrangement" on 3 C.C.No.37299/2021 16.07.2022. The complaint issued a notice on 29.07.2022 calling the accused to pay the cheque amount, the notice duly served on accused on 07.08.2022. However, the accused fails to pay the cheque amount, hence the complaint.
4. The complainant has filed the complaint on 03.09.2022 before 25th ACJM Bengaluru, sworn statement of authorized representative of the complainant Sri. Suresh is taken by way of affidavit, he examined as Pw.1 and produced 9 documents as Ex.P.1 to Ex.P.9. On perusal of complainant, sworn statement and documents the said court proceeded to register a criminal case and issued summons against accused.
5. The accused appeared on 03.03.2023, obtained bail, on the same day plea of accused recorded, accused pleaded not guilty, claims to have defense, filed application U/Sec 145(2) of NI Act, seeking permission to cross- examine the complainant, application allowed and matter posted for cross-examination of Pw.1. From 28.03.2023 to 06.06.2023, totally 6 adjournments given for cross- examination of Pw.1 on the request of advocate for accused, on 06.06.2023 since advocate for accused was 4 C.C.No.37299/2021 not ready for cross examination of Pw.1, the cross examination of Pw.1 taken as nil, and posted the matter for statement of accused U/Sec 313 of Cr.PC.
6. On 29.05.2025 the Hon'ble CJM Bengaluru city pleased to transfer the case to this court vide special Notification NO.ADM/I/11/2025 to this court. This court received the file on 12.08.2025, proceeded from the stage of accused statement U/sec 313 Cr.PC, since accused remained continuously absent, the statement of accused U/Sec 313 Cr.PC is dispensed and posted for arguments. Heard the arguments of complainant. Accused fails to submit his argument.
7. Perused the records, on perusal of record, and upon heard of arguments of complainant, the court arise the following points for consideration.
POINTS
1) Whether complainant proves beyond all reasonable doubt, that the accused engaged the service of the complainant to supply various interior and exterior materials, the accused is due for Rs.2,17,351/- to the complaint in relation to supply of various interior and exterior materials, towards part payment the accused issued cheque bearing No.853844 drawn at Indian Overseas Bank, Valuuvar Kottam Branch, Chennai, dated 15.07.2021, for a sum of Rs.72,450/-, the cheque presented for 5 C.C.No.37299/2021 encashment, returned unpaid with an endorsement "Exceeds Arrangement" on 16.07.2021 same is intimated to the accused by notice and demanding cheque amount, despite service of notice accused fails to make payment thereby accused has committed the offence P/U/Sec 138 of N.I. Act?
2) What Order?
8. My findings on the above points are:
Point No.1 : In the Affirmative.
Point No.2 : As per final order,
for the following:
REASONS
9. Point No.1: The complainant firm to prove it's case examined Suresh authorized representative as Pw.1, he filed affidavit in lieu of sworn statement/examination in chief, wherein, he reiterated the averments of the complaint. As a documentary evidence produced in all 9 documents as Ex.P.1 to 9.
10. The Ex.P.1 resolution for appointment of authorized signatory on behalf of the complainant, discloses the partners of the complainant firm resolved to appoint Suresh, the Pw.1 to appear and represent on behalf of the complainant firm in the case.
11. The Ex.P.2 cheque bearing No.853844 drawn at Indian Overseas Bank Valluvar Kottam Branch, Chennai dated 15.07.2021 for Rs.72,450/- in the name of 6 C.C.No.37299/2021 complainant. It is found the drawer of the cheque is Touch Intexteriors, it is signed by R Manikandan partner. On perusal of cheque it is clear it is drawn from the account maintained by Touch Intexteriors, a partnership firm and signed by the R Manikandan a partner. Though accused partnership firm represented by its partner R Manikandan appeared before the court through advocate, not disputed the fact that the cheque drawn from the account maintained by Touch Intexteriors, the accused herein and signed by its partner R Manikandan its partner, who is representing the accused in the case.
12. The Ex.P.3 return cheque advice issued by Kotak Mahindra Bank, discloses the cheque Ex.P.2 dishonored for the reason exceeds arrangements on 16.07.2021, in drawers account.
13. The Ex.P.4 office copy of the notice dated 29.07.2021 and Ex.P.5 Postal receipt dated 29.07.2021 and Ex.P.6 postal acknowledgment. On perusal of Ex.P.4 to Ex.P.6 it is clear the complainant issued a notice demanding cheque amount within 30 days from the date of dishonor, the notice duly served on accused.
14. The Ex.P.7 true copy re constituted partnership deed, Ex.P.8 GST registration certificate they discloses the 7 C.C.No.37299/2021 complainant is a partnership firm. The Ex.P.9 ledger account extract maintained by complainant in relation to accused discloses as on 15.07.2021 accused was due of Rs.2,17,351.40 to the complainant.
15. The accused appeared through advocate, claims to have defense and filed application U/Sec 145(2) of NI Act seeking permission to cross examine the Pw.1/complainant witness. The application was allowed and opportunity was given, however, accused fails to cross examine the Pw.1 challenging the contents find in the affidavit filed in lieu of sworn statement/examination in chief and so also the documents produced by the complainant as Ex.P.1 to 9. Therefore, the court is of the considered opinion that the accused has no dispute with respect to contents of the complaint and documents produced by the complainant. Thus the accused engaged the service of complainant to supply various interior and exterior materials, the complainant has supplied them to the satisfaction of the accused. As per Ex.P.9 accused is due for Rs.2,17,351.40 to the complainant. The accused towards part payment issued cheque Ex.P.2 for Rs.72,450/-, the cheque presented for encashment dishonored for the reason exceeds arrangement. Despite notice Ex.P.4 accused fails 8 C.C.No.37299/2021 to pay the cheque amount and committed the offense hence I answer Point No.1 in the Affirmative.
16. Point No.2: As stated supra the complainant has proved the guilt of the accused. The alleged transaction is of commercial in nature, which took place in the year 2020 and cheque issued in the month of July 2021. Since the transaction is commercial in nature to compensate the complainant it is just and necessary to calculate the interest on the cheque amount as per Sec.80 of Negotiable Instruments Act. Under the said Section the rate of interest chargeable is 18% P.A. Therefore the complainant is entitled to interest at 18% per annum on the cheque amount from the date of cheque till today as compensation that is Rs.55,000/-.
17. The accused is a partnership firm and represented by its partner R Manikandan. The partnership firm is not a real person and it is a juristic person, cannot be imprisoned, therefore, imposing fine on partnership firm as well as its partner and sentence of imprisonment on the partner R Manikandan is best in the interest of justice hence the following:-
9 C.C.No.37299/2021
ORDER Acting under Section 255(2) of Cr.P.C., the accused partnership firm Touch Intexteriors and its partner R Manikandan is hereby convicted for the offence punishable u/S.138 of Negotiable Instruments Act., the partnership firm Touch Intexteriors and its partner R Manikandan together sentenced to pay fine of Rs.1,32,450/- ( rupees one lakh thirty two thousand four fifty only), in default R Manikandan partner of Touch Intexteriors shall undergo simple imprisonment for a period of 6 (Six) months.
In view of Section 357 of Cr.P.C., complainant is entitled to compensation of Rs.1,27,450/- (rupees one lakh twenty seven thousand four fifty only) out of above said fine amount.
After collecting the above fine amount, office is directed to pay Rs.1,27,450/- (rupees one lakh twenty seven thousand four fifty only) to complainant as compensation and defray remaining fine amount of Rs.5,000/- (Five Thousand only) to state, after appeal period is over.
However, accused shall execute personal bond of Rs.1,32,450/- in view of Sec.437(A) of Cr.P.C.
The office is hereby directed to supply the copy of this Judgment to the accused on free of cost.
(Directly dictated to Stenographer on computer, computerized by him, corrected and then pronounced by me in the open court on this the 20 th day of November 2025) (KRISHNA.J) LI ADDL. C.J.M., BENGALURU.10 C.C.No.37299/2021
ANNEXURE LIST OF WITNESSES EXAMINED FOR THE COMPLAINANT:
PW-1 : Suresh.K LIST OF DOCUMENTS MARKED FOR THE COMPLAINANT:
Ex.P-1 : Resolution for appointment Ex.P-2 : Cheque Ex.P-2(a) : Signature Ex.P-3 : Bank Endorsement Ex.P-4 : Office copy of legal notice Ex.P-5 : Postal receipt Ex.P-6 : Postal acknowledgment Ex.P-7 : Partnership deed Ex.P-8 : Registration certificate Ex.P-9 : Ledger Account LIST OF WITNESSES EXAMINED FOR THE DEFENCE:
Nil LIST OF DOCUMENTS MARKED FOR THE DEFENCE:
Nil (KRISHNA.J) LI ADDL. C.J.M., BENGALURU.