Bangalore District Court
M/S Mahavishnu Chits India Pvt. Ltd vs Kiran .A on 13 June, 2025
1
CC No.35376/2024
KABC030598252024
IN THE COURT OF XXVII ADDL. CHIEF JUDICIAL
MAGISTRATE, BENGALURU
Present: Sri. Maruthi.K B.A., LL.B.,
XXVII A.C.J.M Bengaluru.
Dated: This the 13th day of June, 2025
C.C. NO.35376/2024
Complainant : M/s Mahavishnu Chits India
Pvt.Ltd.,
Represented by its one of the Director,
Smt.Sumitra.H.N
W/o Manjunath.H.N,
Aged about 41 years,
No.1, 5th Main, Nagapura II Stage,
Near Modi Hospital,
Mahalakshmipuram,
Bangalore-560086.
Now said office shifted to No.882,
6th Cross, I.T.I Lathe accused,
Papareddy palya,
Nagarabhavi II Stage,
Bangalore-560072.
(Rep by Sri.H.B.R., Adv.)
V/s.
Accused : Mr.Kiran.A,
S/o Anand.H,
Aged about 38 years,
R/at No.1179, 4th 'A' Main,
M.C.Layout, Vijayanagara,
Bangalore-560040.
(Rep. by Sri.I.D., Adv.,)
2
CC No.35376/2024
Offence : U/s.138 of Negotiable
Instruments Act.
Plea of the accused : Pleaded not guilty
Final Order : Convicted
Judgment Date : 13.06.2025
*****
JUDGMENT
The complainant company has filed complaint U/Sec.200 of Code of Criminal Procedure against the Accused for the offence punishable U/Sec.138 of Negotiable Instrument Act.
2. The facts of the case in brief are as follows:-
It is the case of the Complainant Company that company is running a registered chit funds business and had submitted the application on 19.03.2020 for running the said chits business before the Deputy Registrar of Co-operative Societies and chit funds, Malleshwaram, Bangalore after due verification of the records, the office of the Deputy Registrar of Co-operative Societies and Chit Funds, granted the order vide order No.DRB.1/chits/476/2019-20 dated 19.03.2020, Group No.MVC-8 for an amount of Rs.10,00,000/- for a period of 25 months installments. Further complainant 3 CC No.35376/2024 submitted that pursuant to the said order the complainant had commenced the chit business starts from 18.06.2020 till 19.07.2022. The accused had participated and entered into the complainant's chit business and executed the chit agreement letter vide token no.MVC.8/25 dated 19.03.2020, the accused have to deposit a sum of Rs.40,000/- every month to the complainant. The dividend of chit installment amount will be commenced from the 3rd month and the dividend has to be deducted for remaining 23 months period. Further complainant submitted in the complaint that accused bid the chit in the month of 05.06.2020 for an amount of Rs.3,00,000/- plus G.S.T sum of Rs.6,000/- in all total sum of Rs.3,06,000/- after adjustment of one month chit premium installment amount sum of Rs.32,000/- the accused are entitled to received the amount of Rs.6,62,000/- from the complainant's said chit business. The accused was due arrears to the complainant sum of Rs.3,57,000/- and the accused is liable to pay penalty sum of Rs.1,28,520/- altogether the accused are liable to pay sum of Rs.4,85,520/-upto date. 4
CC No.35376/2024 The complainant have deposited the chit amount of Rs.6,62,000/- directly to the accused account No.918010067221740. Thereafter, the complainant have issued a receipt to the accused on 07.09.2020 and accused have acknowledged having received the said sum of Rs.6,62,000/- from the complainant. After receiving the said chit amount from the complainant the accused had paid 1st to 16 installment. Therefore, the accused was due of Rs.3,57,000/- plus penalty of Rs.1,28,520/- in all total sum of Rs.4,85,520/- to the complainant's chit fund.
3. It is stated that, the complainant presented the said cheque bearing No.003479 sum of Rs.4,85,520/- dated 14.08.2024 drawn on Axis Bank Ltd for encashment through its banker and the same got dishonored and returned with memo dated: 16.08.2024 stating "Kindly contact drawer drawee bank and please present". Thereafter, the complainant got issued legal notice to the accused through RPAD calling upon him to repay the amount covered under the aforesaid cheque within 15 days from the date of receipt of notice. But, the 5 CC No.35376/2024 accused has not repaid the amount covered under the said cheque. Hence, this complaint.
4. Sworn statement of the Director of complainant company recorded as PW-1 and got marked 17 documents as Ex.P.1 to 17 and ordered summons to the accused. The accused was appeared through his advocate and was enlarged on bail. Substance of accusation read over to the accused and he pleaded the case of the complainant as false. In view of the decision of the Hon'ble Apex Court of India, in the case Indian Bank Association & Ors V/s. Union of India & Ors, reported in (2014) 5 SCC 590, the sworn statement of the complainant is treated as chief examination of the complainant. Then the case was posted for recording the Statement of accused under Sec.313 of Cr.P.C. In the statement under section 313 of Cr.P.C, the accused has denied all the incriminating evidences appearing against him. Application u/s 145(2) filed by the accused was allowed. PW-1 was cross examined by defence counsel. Accused examined himself as DW-1 and got marked 2 documents as per Ex.D1 & 2. Counsel for the complainant fully 6 CC No.35376/2024 cross examined DW-1. Then, the matter was posted for Arguments.
5. Heard the counsel for complainant Counsel on merits. Argument of accused is taken as nil as there was no representation. Perused the records.
6. The following points arise for my consideration:
1. Whether the complainant proves that the cheque bearing No.003479 for a sum of Rs.14,85,520/- dated: 14.08.2024 drawn on Axis Bank, Prashanthnagar, Bangalore issued by the accused has been dishonored on the ground of "Kindly Contact Drawer Drawee Bank and please present" and the accused even after receiving the intimation regarding the dishonor of cheque failed to pay the cheque amount within the stipulated period and thereby accused has committed an offence punishable under Sec.138 of N.I. Act?
2. What order?
7. My findings on the above points are as under Point No.1: In the Affirmative Point No.2: As per final order, for the following:-
REASONS
8. Point No.1 : It is the case of the complainant that complainant company had obtained order to run chit from the Deputy Registrar of Co-operative Societies and chit funds vide order No.DRB-1/chits/476/2019-20 7 CC No.35376/2024 dated 19.03.2020 group No.MVC-8 for an amount of Rs.10,00,000/- for a period of 25 month at the rate of Rs.40,000/- installment per month. The accused who is the subscriber to the above said chit became prize bidder for the above said chit of the complainant company for an amount of Rs.3,00,000/- plus G.S.T sum of Rs.6,000/- in all total sum of Rs.3,06,000/-. After adjustment of one month chit premium installment amount of Rs.32,000/- the accused received prize amount of Rs.6,62,000/- from the complainant through cheque bearing No.013466, Punjab National Bank, Mahalakshmi layout and issued Receipt to the accused on 07.09.2020 and also got acknowledgment of Rs.6,62,000/-. Further it is stated in the complaint that accused had paid 16 installment, thereafter failed to pay remaining and he was due for Rs.3,57,000/- plus penalty of Rs.1,28,520/- in all total sum of Rs.4,82,520/-. Upon request of accused instructions the complainant had presented the cheque bearing No.003479 sum of Rs.4,85,520/- dated 14.08.2024 drawn on Axis Bank Ltd., to the complainant's bank. But the said cheque 8 CC No.35376/2024 returned with a shara "Kindly contact Drawer Drawee bank and please present" dated 16.08.2024. Therefore, complaint issued demand notice to clear the said chit fund amount but the accused had not repaid the due amount.
9. To establish the case of the complainant, Smt.Sumitra.H.N, Director of the complainant company got examined as PW-1 and got marked as per Ex.P1 to Ex.P17 documents. Ex.P1 & Ex.P1(a) are cheque & Signature of the accused. Ex.P2 is bank endorsement. Ex.P3 is legal notice. Ex.P4 is postal receipt. Ex.P5 is postal track consignment. Ex.P6 is Authorization letter. Ex.P7 & 8 are order issued by Registrar of Chits. Ex.P9 is Chit Agreement. Ex.P10 is Bank counter file. Ex.P11 is Bank Statement. Ex.P12 & 13 are Transfer Debit Slip. Ex.P14 is Receipt. Ex.P15 is Chit Ledger. Ex.P16 is whatsapp messages. Ex.P17 is Certificate u/s Sec.63 BNSS.
10. The learned counsel for the complainant submitted the arguments contending that there are two Directors in the complainant company and both are 9 CC No.35376/2024 husband and wife. As per Ex.P6/authorization letter, Director has authorized complainant to conduct the present case. In order to substantiate the case of the complainant, she has produced Ex.P7, certificate obtained by the Registrar of chit, Ex.P8 commencement certificate and Ex.P9 chit agreement executed between complainant company and accused. Further argued that accused bid upto 3 lakh amount, 6,000 towards GST and 1 installment of Rs.32,000/- was adjusted out of prize amount of Rs.7,00,000/-. Therefore, Rs.6,62,000/- credited to the account of accused. Ex.P12 & 13 transfer debt slip signed by the accused and his wife. The accused himself admitted his signature during his cross examination in cheque and also produced whatsapp communication as per Ex.P16. As the accused is liable to pay the balance of due amount, prayed to convict the accused.
11. On the other side accused himself examined as DW-1 and got marked 2 documents as per Ex.D1 & Ex.D2. Ex.D1 is small notebook. Ex.D2 is Certified copy of Sale Deed. At the time of argument when case was 10 CC No.35376/2024 called, as there was no representation by the counsel for the accused. Therefore, the argument of accused was taken as nil.
12. It is the specific case of the complainant that, the accused had participated in the Chit bid and declared as the successful bidder for Rs.3,00,000/- along with GST Rs.6,000/-. Accordingly, Chit prize amount of Rs.7,00,000/- was paid to the accused. Further, it is stated that, out of the said prize money, Rs.32,000 /- was adjusted to the Chits installment of the accused and the remaining amount of Rs.6,62,000/- was paid to the accused through its Bank account. In support of the same, the complainant got produced counter file at Ex.P10, bank statement at Ex.P11 & transfer debit slip at Ex.P.12 & Ex.P13 which was duly acknowledged by the accused and his wife. Ex.P14 is receipt. On perusal of said document receipt at Ex.P14 , it is very clear that as stated by the complainant Rs.32,000/- was adjusted towards the Chit installment of accused and paid Rs.6,62,000/- on 07/09/2020 through RTGS. The documents transfer debit slip at Ex.P12 and 13 also bear 11 CC No.35376/2024 the signature of the accused and his wife wherein it clearly stated the amount of Rs.7,00,000/- paid. Though, the accused denied the suggestion of complainant that as per Ex.P13 complainant has paid Rs.7,00,000/- but admitted his and his wife signature at Ex.P14. Why the accused and his wife has made signature in Ex.P14 if he is denying the amount Rs.7,00,000/- paid by the complainant towards chit amount. He has not substantiated the same with any cogent materials. More so, he has neither denied nor disputed his signature on transfer debit slip at Ex.P11 & Ex.P12 & receipt at Ex.P14. Moreover, in the complaint, complainant has given an explanation that the difference amount of Rs.32,000/- was adjusted towards the balance under the present Chit in issue.
13. The first contention of the accused that the complainant has not obtained prior permission to run the said chit group. With this regard during cross examination of PW-1, for the suggestion of accused PW-1 has deposed that as there was lock down period, permission was granted late. Further admitted that she 12 CC No.35376/2024 has obtained permission to run the chit in question. To substantiate the same, the complainant has produced Order at Ex.P.7 & commencement certificate at Ex.P.8. Ex.P7 discloses that complainant company had permitted to run the chit No.MVC-8 for a sum of Rs.10,00,000/- by depositing Rs.10,00,000/- by the Registrar of chits on 19.03.2020. It is the document discloses that the complainant have obtained prior sanction order for commencement of chit. Further commencement certificate at Ex.P8 reveals that complainant company has authority to commence the chit and also registered the said chit before Registrar of Chit fund on 18.06.2020. As such, even though the commencement of certificate is dated on 18.06.2020, the complainant has obtained permission to run the above said chit from the Registrar of Chits by depositing Rs.10,00,000/- on 19.03.2020. In this it is clear that before commencement of chit complainant company has obtained permission to run the chit fund. It is observed that during cross examination of PW-1 defence counsel tried to create doubt by saying that the complainant has 13 CC No.35376/2024 not taken permission to run the chit. If the complainant is not taken permission, he should have taken any legal action or complaint against the same. There is no denial from the defence side about receipt of prize amount and membership of the chit group and even accused has not denied about executing chit agreement on 19.03.2020 as per Ex.P9. Hence it is observed that accused has impliedly admitted entire pleading of the complaint. Hence, admitted fact need not be proved. More over, if at all, the said Chit company is not obtained commencement certificate prior, why the accused got subscription of said Chit with the said Chit company. If the accused is so serious about the legality of the said company and his membership, he could have refused to subscribe to said chit. But, he has not done so and also he has not given any explanation as to under which compelling circumstances he has subscribed to said Chit. That apart, if at all, any such illegality or irregularity is there with the complainant company, that can be agitated or cured through appropriate forum, but not under this proceedings U/sec. 138 of the Negotiable 14 CC No.35376/2024 Instruments Act. Therefore, this contention of the accused would not come to his rescue.
14. It is During the cross examination of PW-1, counsel for the accused suggested complainant that chit in question started from 18.06.2020 till 19.07.2022, in this regard PW-1 has deposed that the chit installment was started in the month of March 2020 but in the complaint, the month of installment mentioned wrongly. On perusal of the affidavit and legal notice at Ex.P3, the complainant has mentioned the installment starts from 19.03.2020 till 19.07.2022. Further on perusal of chit agreement at Ex.P9 it is executed on 19th March 2020, the said document is admitted by the accused during his cross examination. Though prior sanction order issued to commence the chit in question on 19.03.2020, as per Ex.P8 chit commencement was issued on 18.06.2020. There is gap of 3 month to issue commencement certificate as per Ex.P8 from the date of 19.03.2020. PW-1 has offered explanation for having issuing commencement certificate in the month of June 18 2020 became of covid pandemic disease.
15
CC No.35376/2024
15. Further defence of the accused is he is not liable to pay the due amount. The complainant in the complaint stated that the accused had paid 16 installment and liable to pay Rs.3,57,000/- plus penalty of Rs.1,28,520/- in all total sum of Rs.4,85,520/- but the same denied by the accused. During the cross of PW-1, she deposed that the accused had paid 16 full installment and partly paid 17th installment. With this regard the accused deposed that he has paid monthly installment up to May 2022 and he is not liable to pay the amount in cheque in question and also not due to the complainant. Further during cross of DW1, he deposed that he had paid amount more than Rs.6,00,000/- after receiving prize amount and also produced documents with regard to the repayment of amount. Further denied the suggestion that he is telling lie even though he had not paid the above said amount to the complainant. Further deposed that in some months he has paid amount by cash and denied the suggestion that as he did not pay the amount for that not having document. Further deposed that complainant has given receipt for 16 CC No.35376/2024 the first 12 installment but the same was not produced by him. The complainant in order to substantiate his contention she has produced Ex.P11 ledger extract. The said document reveals that the accused has paid 16 ½ installments of Rs.5,65,000/- and balance of Rs.3,57,000/- which excludes interest and penalty.
16. It the contention of the accused that he has paid Rs.50,000/- on 03.04.2022 & Rs.30,000/- on 18.05.2022 by cash to the complainant. In order to substantiate the same accused has produced small note book as per Ex.D1. Though counsel for accused suggested the same to the PW-1 at the time of cross examination she totally denied the said suggestion and specifically deposed that the accused has not made payment on such and such date as alleged by accused. Therefore, the same was not reflected in the ledger extract of accused which is marked at Ex.P15. In the course of his cross-examination, he has categorically admitted that, complainant has given receipt for having paid 12 installment but he has not produced the same before this court.
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CC No.35376/2024
17. However, through Ex.D1, whether the accused has made payment of entire due amount under the Chit in issue in this case or not is not explained by the accused. Except mere production of said small book at Ex.D1, the accused has not explained in detail about the contents therein or the entries therein with regard to how much was paid towards his chit. On perusal of Ex.D1 small note book the contents of date and amount written and also reflects signature but the said document does not disclose whether the amount received by the complainant company or not. As per the contention of accused that the another Director of complainant company by name Manjunath had received the an amount by cash. In order to prove the same the accused has not examined the said Manjunath that he had received the amount from the accused in his house towards chit installment. Moreover, he could have summon the document of like Memorandum of Association and Article of Association to prove the signature of said Manjunath as alleged in Ex.D1. On perusal of Ex.P6 letter of authorization issued by the 18 CC No.35376/2024 company in favour of complainant the signature appearing as executant in Ex.P6 appears all together different from the signature at Ex.D1. Therefore, Ex.D1 cannot be considered as a proof for having paid an amount of Rs.80,000/- as alleged by accused.
18. With regard to alleged payments made under the small book at Ex.D1, In support of the same, the complainant got produced the Ledger Account Extract of as per Ex.P11. In the light of the denial of the same by the accused, on perusal of Ex.P11 from 13th June 2021 to 18th May 2022 transactions are corroborate with the entries made in Ex.D1. But the alleged payment made on 03.04.2022 for a sum of Rs.50,000/- and Rs.30,000/- not reflecting in the ledger extract produced by complainant. In this regard, the accused has not given any explanation and also not produced any receipt to show that he has paid the amount towards the said chit in question to the complainant company. It is observed that in absence of supporting materials apart from Ex.D1, there is no such efforts made by the accused in 19 CC No.35376/2024 order to rebut legal presumption which exists in favour of the complainant.
19. As per the accused contention he had paid more than Rs.6,00,000/- to the complainant company after the bid of chit prize, if so what prevented the accused to produce the documents to show that he has repaid the entire amount and if he really paid the amount, he could obtain no due certificate or letter from the complainant for repaying the entire amount but the accused has orally deposed that he had paid amount but not produced any document to show that he had paid more than Rs.6,00,000/-. In the absence of material evidence or document the version of the accused cannot be believed. Further as per the ledger statement the accused is due of Rs.3,57,000/- along with penalty of Rs.1,28,520/- the complainant has claimed Rs.4,85,520/-.
20. Further it is observed that after becoming defaulter, as per the RBI guidelines, the accused is liable for overdue interest rate. Therefore, along with interest, the complainant has claimed cheque amount which is due against the present accused. Hence, the accused is 20 CC No.35376/2024 liable to pay Rs.4,85,520/- to the complainant towards chit.
21. It is another contention of the accused that complainant has not paid dividend amount to accused. In this regard, during cross of PW-1 deposed that as the accused became default in payment of regular installment as such he is not entitle for dividend. On careful scrutiny of the entire oral and documentary evidence placed by the complainant and the accused, it reveals that the accused has duly admitted receipt of amount of Rs.6,62,000/- after deducting GST and chit installment from the complainant and failed to pay the remaining installments and he became a defaulter. Therefore as per Chit Funds Act 1982, Sec.2(f) accused becoming defaulting subscriber means:
"A subscriber who has defaulted in payment of subscriptions due in accordance with the terms of the chit agreement. As chit business is run based on mutual trust, the subscribers are required pay their installments promptly on the date of they fall due as agreed upon. If a particular subscriber fails to do so, it affects all other subscribers as also the chit company. Now, what happens if a subscriber defaults in 21 CC No.35376/2024 the mid of the chit duration,whether he/she is entitled to the amount that he/she has paid so far or it is liable to any deductions or otherwise, depends on the terms of the chit agreement".
Now as per above said definition and the chit agreement, after becoming defaulter the accused who being irregular subscriber is deprived from seeking dividend on the above paid chit subscriptions which have been paid earlier.
22. Regarding issuance of alleged cheque, though the accused simply contended that, said cheque was issued in blank for the purpose of security he has not stated as to why said cheque was issued in blank to the complainant. More so, except making some suggestions that, the handwriting in the said cheque does not belongs to accused, the accused has neither produced any materials nor examined any witness such as, other subscribers of the said Chit to show that the complainant used to take such signed blank cheque as security. Therefore, this contention of the accused also holds no water.
23. For the sake of argument that blank signed cheque are given to the complainant, it is well settled principle of 22 CC No.35376/2024 law that "even a blank cheque leaf signed and handed over by the accused which is towards some payment, would attract presumption u/s.139 of N.I.Act in absence of cogent evidence to show that cheque was not issued in discharge of debt". Thus no discrepancy had emerged out of the cross examination which may demolish complainant version even on the touch stone of preponderance of probabilities. Hence, amount mentioned under the cheque is legally recoverable debt.
24. Regarding the service of notice, it is stated by the complainant that the legal notice sent to the address of the accused through RPAD was delivered to the address given by the accused as per postal track consignment at Ex.P5. However, in the course of cross-examination of PW1, it was denied by PW-1 that the accused had sold the house on 10.11.2023 and also deposed that accused is residing in the same address. Further denied that the notice was not sent to accused as the accused sold his house on 10.11.2023. On perusal of Ex.P3 legal notice sent to M.C.Layout Vijayanagar pin code 560040, as per Ex.P4 & Ex.P5 postal receipt reflects the same pin code and 23 CC No.35376/2024 delivered to addressee on 10.09.2024. With this regard the accused had produced sale deed at Ex.D2 executed on 10.11.2023, It may be accepted that at the time of notice the accused sold his house to one D.R.Vijayasarathi but the accused has not disputed his address mentioned in the legal notice. If the accused has changed or shifted to other address he could have produced address proof to the complainant company with regard to change of address. But the accused has not done so. However, the accused has not at all denied or disputed his address as shown in the postal acknowledgment at Ex.P5, the complaint, notice-Ex.P3 and also the Ledger Account Extract and chit agreement form as per Ex.P9 & 15. Thus it appears that the complainant had issued said notice to the last known address of the accused . 'When the statutory notice is sent to the correct address of the addressee, even if the same is returned unserved on the grounds of either refusal or not claim or absence of the addressee, the same amounts to deemed service' as held by Hon'ble Apex Court in the case of M/S Indo Automobiles Vs. M/S. Jaidurga Enterprises reported in 2008 (2) DCR 499 and also as provided under Sec.27 of the Mysore general clauses Act, 1897. 24
CC No.35376/2024 More over, the entire purpose of giving notice is to give an opportunity to the drawer to pay the cheque amount within 15 days and there by free himself from the penal consequences of Sec.138 of the Act as observed by our Hon'ble High Court in the case of Sri. Prakash @ Gnana Prakash v/s Miss. T.S. Susheela reported in ILR 2012 KAR 4815. Thus, the legal notice is deemed to have been served.
25. The complainant has placed sufficient oral and documentary evidence to prove that the accused issued the cheque in discharge of legal liability. Therefore , the court can raise presumption as per Sec.139 of N.I.Act. The complainant has proved the complaint averments by placing oral and documentary evidence. On the other hand, the accused failed to prove his defence. The complainant has proved that the cheque in question is issued by the accused towards discharge of legal liability. Therefore, the court can raise presumption mandated under Sec.139 of N.I.Act as per the ratio laid down by the Hon'ble Apex Court in 2010(11) SCC 441 (Rangappa V/s Mohan). Once the cheque relates to the account of accused and he/she accepts and admits the signature on said cheque, then initial presumption as contemplated under Sec.139 of N.I.Act has 25 CC No.35376/2024 to be raised by the court in favour of the complainant. On the other hand, the accused failed to rebut the statutory presumption.
26. In the light of the above discussion and the material placed on record, the court is of the opinion that the complainant has proved existence of legal liability and also proved that the accused issued the cheque in question towards discharge of legal liability. The complainant has proved the ingredients of Sec.138 of N.I.Act. Therefore considering the entire facts and circumstances of the case and the available evidence on record, the court comes to the conclusion that the accused committed the offence punishable under Sec.138 of N.I.Act. The complainant is entitled for compensation under Sec.357 Cr.P.C. Therefore, the complainant has proved point Nos.1 and 2 beyond all reasonable doubt. Hence, Point Nos.1 and 2 are answered in the Affirmative.
27. POINT NO.2 :- In view of my findings to the Points No.1, I proceed to pass the following:-
ORDER In exercise of power conferred U/sec. 255(2) of Code of Criminal Procedure, the 26 CC No.35376/2024 accused is convicted for the offence punishable U/s.138 of N.I. Act and sentenced to pay fine of Rs.5,14,000/-.
In default of payment of the said fine amount, the accused shall undergo simple imprisonment for a period of six month.
Out of the fine amount Rs.5,13,000/- shall be paid to the complainant as compensation as contemplated U/sec. 357(1)
(b) of Code of Criminal Procedure and the remaining fine amount of Rs.1,000/- shall be paid to the state towards defraying expenses.
Supply free copy of judgment to the accused free of cost.
(Dictated to the stenographer directly on computer, corrected and then pronounced in open court by me on this the 13Digitally th day signed of June, 2025) MARUTHI by MARUTHI K K Date: 2025.07.03 11:22:45 +0530 (Maruthi.K) XXVII A.C.J.M., Bengaluru.
ANNEXURE Witnesses examined on behalf of the complainant:
PW1 : Smt.Sumithra.H.N Documents marked on behalf of the complainant Ex.P1 & 1(a) : Cheque & Signature of the accused Ex.P2 : Bank Endorsement Ex.P3 : Legal Notice Ex.P4 : Postal receipt Ex.P5 : Postal acknowledgment Ex.P6 : Authorization letter Ex.P7 & 8 : Order issued by registrar of chits Ex.P9 : Chit agreement Ex.P10 : Bank Counter file Ex.P11 : Bank statement Ex.P12 & 13 : Transfer debit slip Ex.P14 : Receipt Ex.P15 : Chit Ledger Ex.P16 : Whatsapp messages Ex.P17 : Certificate of sec.63 BNSS 27 CC No.35376/2024 Witnesses examined on behalf of the accused:
DW-1 : Kiran.A Documents marked on behalf of the accused:
Ex.D1 : Small note book
Ex.D2 : Sale deed copy
MARUTHI Digitally signed by
MARUTHI K
K Date: 2025.07.03 11:22:50
+0530
XXVII A.C.J.M
Bengaluru.