Bangalore District Court
M/S Vikram Traders vs In Cc No.4258 on 4 February, 2021
IN THE COURT OF THE XX ADDITIONAL SMALL CAUSES
JUDGE AND ADDITIONAL CHIEF METROPOLITAN
MAGISTRATE AND M.A.C.T., BENGALURU (SCCH-22)
PRESENT : Smt.Shakunthala.S.,
B.A.., LL.B.
XX Addl. Small Causes Judge
and A.C.M.M., Bengaluru.
DATED : This the 4th Day of February 2021.
C.C.No.4258,4366,4362,4375,4372,4363,4368,4367,4374,4369,
4365,4373,4364,4371/2017,
CC No. 4254, 4252, 4255, 4256, 4257/2017,
CC No. 4631,4376,4370/2017
Complainants - M/s Vikram Traders,
in all the cases A Registered Partnership Firm,
Having its Registered office at
No.75, 1 & 2 floor, Hulkul Complex,
Lalbagh Road,
Bangalore-560 027.
Branch office at B-217,
2nd Floor, Advance Business Park,
Opp. Swaminarayan Temple,
Shahibaug,
Ahmedabad-380 004.
Represented by its Partner/
Authorized Representative,
Sri. Meetesh Bhandari.
(Rept: By Sri. Y.M. Advocate)
- Versus -
Accused in CC No.4258, 4366, - 1.Orijean Pvt Ltd,
4362,4375,4372,4363,4368,4367,4374, Having its registered office at:
4369, 4365,4373,4364,4371/2017
SCCH-22 2 C.C.No.4258,4366,4362,4375,4372,4363,4368,4367,
4374,4369, 4365,4373,4364,4371,4254, 4252, 4255,
4256, 4257,4631,4376,4370_2017
No.29, Vadrapalya,
J.P. Nagar, 8th Phase, 2nd Block,
Gottigere Post,
Bengaluru-560 083.
Represented by its Board of
Directors .
2. Sri. Jitender Kumar,
Director at Orijean Pvt Ltd,
R/o No.53, Sannarga,
10th Main, Siddartha Layout,
Mysore-570 011.
3. Devakaran Gopakumar.,
Director at Orijean Pvt Ltd,
R/o B/182, 18th Floor,
Sobha Mangolia,
Gurapanpalya Main Road,
Bannergatta Road,
Bangalore-560 076.
4. Sri. Venkatesh Bhaskar
Sathya Narayana,
Director at Orijean Pvt Ltd,
R/o No.85/3, 24th Cross,
6th Block,
Jayanagar,
Bangalore-560 011.
5. Devatha Pandu Nagraj,
Director at orijean Pvt Ltd,
R/a No.151, 5th Cross,
2nd Block, Jayanagar,
Bangalore-560 011.
6. Mysore Ramaiah Praveen Kumar,
Director at Orijean Pvt Ltd,
R/o No.63, 6th Main,
SCCH-22 3 C.C.No.4258,4366,4362,4375,4372,4363,4368,4367,
4374,4369, 4365,4373,4364,4371,4254, 4252, 4255,
4256, 4257,4631,4376,4370_2017
M.S. Ramaiah City, 8th Phase,
J.P. Nagar,
Bangalore-560 076.
Accused No.2 to 6 are also
having their official address at
No.29, Vadrapalya,
J.P.Nagar, 8th Phase,
2nd Block, Gottigere Post,
Bangalore-560 083.
(Rept: By Sri.Thejesh.P, Advocate)
Accused in CC No.4254, - 1. Many Means,
4252, 4255,4256,4257/2017 A Partnership Firm,
Having its registered office at:
No.29, Vadrapalya,
J.P. Nagar, 8th Phase, 2nd Block,
Gottigere Post,
Bengaluru-560 083.
Represented by its Partners.
2. Sri. Jitender Kumar,
Partner at Many Means,
R/o No.53, Sannarga,
10th Main, Siddartha Layout,
Mysore-570 011.
3. Gopakumar D,
Partner at Many Means,
R/o B/182, 18th Floor,
Sobha Mangolia,
Gurapanpalya Main Road,
Bannergatta Road,
Bangalore-560 076.
SCCH-22 4 C.C.No.4258,4366,4362,4375,4372,4363,4368,4367,
4374,4369, 4365,4373,4364,4371,4254, 4252, 4255,
4256, 4257,4631,4376,4370_2017
4. Sri. Venkatesh Bhaskar,
Partner at Many Means,
R/o No.85/3, 24th Cross,
6th Block,
Jayanagar,
Bangalore-560 011.
5. Sri. Holiday R Vinay,
Partner at Many Means,
R/a Mantri Tranquil Apartment,
G/1403, Gubala Village,
7/9/13, Subramanya Post,
Bangalore-560 061.
6. Sri. Praveen Kumar,
Partner at Many Means,
R/o No.63, 6th Main,
M.S. Ramaiah City, 8th Phase,
J.P. Nagar,
Bangalore-560 076.
7. Sri. D P Nagraj,
Partner at Many Means,
R/o No.151 5th Cross,
2nd Block, Jayanagar,,
Bangalore-560 011.
Accused No.2 to 7 are also
having their official address at
No.29, Vadrapalya, J.P Nagar
8th Phase, 2nd Block,
Gottigere Post,
Bangalore-560 083.
(Rept: By Sri.Thejesh.P, Advocates)
Accused in CC No.4361, - 1. 4 Creations,
4376, 4370/2017 A Partnership Firm
SCCH-22 5 C.C.No.4258,4366,4362,4375,4372,4363,4368,4367,
4374,4369, 4365,4373,4364,4371,4254, 4252, 4255,
4256, 4257,4631,4376,4370_2017
Having its registered office at:
No.29, Vadrapalya,
J.P. Nagar, 8th Phase, 2nd Block,
Gottigere Post,
Bengaluru-560 083.
Represented by its Partners
2. Sri. Jitender Kumar,
Partner at 4 Creations,
R/o No.53, Sannarga,
10th Main, Siddartha Layout,
Mysore-570 011.
3. Gopakumar D,
Partner at 4 Creations,
R/o B/182, 18th Floor,
Sobha Mangolia,
Gurapanpalya Main Road,
Bannergatta Road,
Bangalore-560 076.
4. Sri. Venkatesh Bhaskar,
Partner at 4 Creations,
R/o No.85/3, 24th Cross,
6th Block,
Jayanagar,
Bangalore-560 011.
5. Sri. Holiday R Vinay,
Partner at 4 Creations,
R/a Mantri Tranquil Apartment,
G/1403, Gubala Village,
7/9/13, Subramanya Post,
Bangalore-560 061.
6. Sri. Praveen Kumar,
Partner at 4 Creations,
R/o No.63, 6th Main,
SCCH-22 6 C.C.No.4258,4366,4362,4375,4372,4363,4368,4367,
4374,4369, 4365,4373,4364,4371,4254, 4252, 4255,
4256, 4257,4631,4376,4370_2017
M.S. Ramaiah City, 8th Phase,
J.P. Nagar,
Bangalore-560 076.
7. Sri. D P Nagraj,
Partner at 4 Creations,
R/o No.151 5th Cross,
2nd Block, Jayanagar,,
Bangalore-560 011.
Accused No.2 to 7 are also
having their official address at
No.29, Vadrapalya, J.P Nagar
8th Phase, 2nd Block,
Gottigere Post,
Bangalore-560 083.
(Rept: By Sri.Thejesh.P, Advocate)
Dated of Institution : 04.02.2017.
The offences complied : Under Sec.138 of the
off or proved Negotiabl Instrument Act.
Plea of the accused : Pleaded not guilty.
Date of commencement : 04.01.2018.
of recording evidence.
Final Order : Accused are acquitted.
Date of such order : 04.02.2021
(SHAKUNTHALA.S.)
XX ADDL.S.C.J. & A.C.M.M.,
BENGALURU.
SCCH-22 7 C.C.No.4258,4366,4362,4375,4372,4363,4368,4367,
4374,4369, 4365,4373,4364,4371,4254, 4252, 4255,
4256, 4257,4631,4376,4370_2017
:: COMMON JUDGMENT ::
The Complainant filed these complaints against the accused
persons under Section 200 of Cr.PC for the offence punishable under
Section 138 of Negotiable Instrument Act. Common Judgment in CC
No.4258,4362,4363,4364,4365,4366,4367,4368,4369,4371,4372,4373,
4374 and 4375/2017 and also in CC NO.4361,4361,4370,4376/2017
and CC No. 4252,4254,4255,4256,4257/2017 since the transaction, the
complainants and the accused are being one and the same, common
evidence recorded accordingly common Judgment.
2. The brief facts of the complainant case in 14 cases i.e., in
CC No.4258, 4362, 4363, 4364, 4365, 4366, 43667, 4368, 4369, 4371,
4372, 4373, 4374 and 4375/2017 are as follows;
The complainant is a registered partnership firm engaged in the
business of sales and supply of fabric/denim. First accused company
incorporated under the companies Act represented by its directors
accused no.2 to 6 had purchased materials/fabrics/denim from the
complainant firm on several occasions and were enjoying credit
facilities from the complainant firm.
3. Accused no.1 Company has sought for supply of fabric/denim
from the complainant over a few years now and the payments for such
SCCH-22 8 C.C.No.4258,4366,4362,4375,4372,4363,4368,4367,
4374,4369, 4365,4373,4364,4371,4254, 4252, 4255,
4256, 4257,4631,4376,4370_2017
supply's were being made after supply of materials/denim/fabric. In the
course of business the complainant raised several invoices in respect of
materials supplied to them and they have issued cheques towards the
payment for the supplies of fabric/denim as follows;
Cheque No. Cheque date Cheque amount
024101 30.11.2016 2,24,982/-
024102 30.11.2016 2,00,000/-
024103 30.11.2016 2,00,000/-
024104 30.11.2016 2,00,000/-
024246 30.11.2016 10,00,000/-
024247 30.11.2016 10,00,000/-
024248 30.11.2016 10,00,000/-
024274 30.11.2016 10,00,000/-
024275 30.11.2016 10,00,000/-
024281 30.11.2016 11,19,067/-
024294 30.11.2016 3,00,000/-
024295 30.11.2016 3,00,000/-
024296 30.11.2016 3,00,000/-
024297 30.11.2016 3,00,000/-
Total 81,44,049/-
4. In the course of business the complainant raised several invoices as
per invoices bearing numbers;
Invoice No. Invoice Date Invoice Amount
AHD-8347 21/09/2015 6,14,169/-
AHD-8350 22/09/2015 3,07,125/-
AHD-8362 29/09/2015 13,78,768/-
AHD-8369 21/09/2015 5,54,011/-
AHD-8379 13/10/2015 7,12,523/-
AHD-8380 15/10/2015 12,03,885/-
AHD-8391 21/09/2015 13,98,586/
VTA/DN/70 06/09/2016 20,24,982/-
Total 81,94,049/-
SCCH-22 9 C.C.No.4258,4366,4362,4375,4372,4363,4368,4367,
4374,4369, 4365,4373,4364,4371,4254, 4252, 4255,
4256, 4257,4631,4376,4370_2017
5. Towards discharge of a portion of legally enforceable debt as
per the invoices first accused represented by accused no.2 to 6 have
issued 14 cheques i.e., in CC No. 4258/2017 Cheque bearing
No.024274 dated 30.11.2016 for a sum of Rs.10,00,000/- . In CC No.
4362/2017 Cheque bearing No.024281 dated 30.11.2016 for a sum of
Rs.11,19,067/-. In CC No. 4363/2017 Cheque bearing No.024103
dated 30.11.2016 for a sum of Rs. 2,00,000/-. In CC No. 4364/2017
Cheque bearing No.024104 dated 30.11.2016 for a sum of Rs.
2,00,000/-. In CC No. 4365/2017 Cheque bearing No.024296 dated
30.11.2016 for a sum of Rs. 3,00,000/-. In CC No. 4366/2017 Cheque
bearing No.024294 dated 30.11.2016 for a sum of Rs. 3,00,000/-. In
CC No. 4367/2017 Cheque bearing No.024101 dated 30.11.2016 for a
sum of Rs. 2,24,982/-. In CC No. 4368/2017 Cheque bearing
No.024102 dated 30.11.2016 for a sum of Rs. 2,00,000/-. In CC No.
4369/2017 Cheque bearing No.0024297 dated 30.11.2016 for a sum of
Rs.3,00,000/-. In CC No. 4371/2017 Cheque bearing No.024247 dated
30.11.2016 for a sum of Rs.10,00,000/-. In CC No. 4372/2017 Cheque
bearing No.024246 dated 30.11.2016 for a sum of Rs.10,00,000/-. In
CC No. 4373/2017 Cheque bearing No.024295 dated 30.11.2016 for a
SCCH-22 10 C.C.No.4258,4366,4362,4375,4372,4363,4368,4367,
4374,4369, 4365,4373,4364,4371,4254, 4252, 4255,
4256, 4257,4631,4376,4370_2017
sum of Rs.3,00,000/-. In CC No. 4374/2017 Cheque bearing
No.024248 dated 30.11.2016 for a sum of Rs.10,00,000/-. In CC No.
4375/2017 Cheque bearing No.02475 dated 30.11.2016 for a sum of
Rs.10,00,000/-.
6. All the above said cheques were drawn on The Shamrao
Vittal Co-Operative Bank Ltd (SVC Bank) Jayanagar Branch,
Bangalore and when the said cheques were presented for realization
through its banker State Bank of India, Wilson Garden, Bangalore. The
said cheques were dishonoured for the reason "Exceeds Arrangement"
on 01.12.2016.
7. The brief facts of the complainant case in 5 case numbers
i.e., in CC No.4252, 4254, 4255, 4256, 4257/2017 that they have
issued cheques towards payment for the supplies of fabric/denim
as follows.
Cheque No. Cheque date Cheque amount
417577 30.11.2016 10,00,000/-
417578 30.11.2016 10,00,000/-
417579 30.11.2016 10,00,000/-
417580 30.11.2016 11,90,833/-
417593 30.11.2016 2,07,956/-
Total 43,98,789/-
8. In the course of business the complainant raised several invoices
SCCH-22 11 C.C.No.4258,4366,4362,4375,4372,4363,4368,4367,
4374,4369, 4365,4373,4364,4371,4254, 4252, 4255,
4256, 4257,4631,4376,4370_2017
as per invoices bearing numbers;
Invoice No. Invoice Date Invoice Amount
AHD-8420 31/10/2015 33,23,878/-
AHD-8425 31/10/2015 9,66,540/-
AHD-8451 16/11/2015 8,46,955/-
VTA/DN-71 06/09/2016 2, 07,956/-
Total 53,45,329/-
9. Towards discharge of a portion of legally enforceable debt as per
the invoices first accused represented by accused no.2 to 6 have issued
five cheques i.e., in CC No. 4252/2017 Cheque bearing No.417593
dated 30.11.2016 for a sum of Rs.2,07,956/-. In CC No. 4254/2017
Cheque bearing No.417580 dated 30.11.2016 for a sum of
Rs.11,90,833/-. In CC No. 4255/2017 Cheque bearing No.417579
dated 30.11.2016 for a sum of Rs.10,00,000/-. In CC No. 4256/2017
Cheque bearing No.417578 dated 30.11.2016 for a sum of
Rs.10,00,000/-. In CC No. 4257/2017 Cheque bearing No.417577
dated 30.11.2016 for a sum of Rs.10,00,000/-.
10. All the above said cheques were drawn on The Kotak
Mahindra Bank Ltd, (KM Bank), Jayanagar Branch, Bangalore and
when the said cheques were presented for realization through its
banker State Bank of India, Wilson Garden, Bangalore. The said
cheques were dishonoured for the reason "Funds Insufficient" on
SCCH-22 12 C.C.No.4258,4366,4362,4375,4372,4363,4368,4367,
4374,4369, 4365,4373,4364,4371,4254, 4252, 4255,
4256, 4257,4631,4376,4370_2017
01.12.2016.
11. The brief facts of the complainant case in 3 case numbers
in CC No.4361, 4376, 4370/2017 they have issued cheques towards
payment for the supplies of fabric/denim as follows;
Cheque No. Cheque date Cheque amount
26333 24.11.2016 5,41,404/-
26328 24.11.2016 9,67,067/-
26035 20.11.2016 19,96,218/-
Total 35,04,689/-
12. In the course of business the complainant raised several
invoices as per invoices bearing numbers;
Invoice No. Invoice Date Invoice Amount
AHD-9098 22/07/2016 19,96,218/-
AHD-9136 24/08/2016 9,67,067/-
AHD-9137 24/08/2016 5,41,404/-
Total 35,04,689/-
13. Towards discharge of a portion of legally enforceable debt
as per the invoices first accused represented by accused no.2 to 6 have
issued 3 cheques I.e, in CC No. 4361/2017 Cheque bearing
No.026333 dated 24.11.2016 for a sum of Rs. 5,41,404/-. In CC No.
4370/2017 Cheque bearing No.026035 dated 20.10.2016 for a sum of
Rs.19,96,218-. In CC No. 4376/2017 Cheque bearing No.026328 dated
24.11.2016 for a sum of Rs.9,67,067/-.
14. All the above said cheques were drawn on The Shamrao
SCCH-22 13 C.C.No.4258,4366,4362,4375,4372,4363,4368,4367,
4374,4369, 4365,4373,4364,4371,4254, 4252, 4255,
4256, 4257,4631,4376,4370_2017
Vittal Co-Operative Bank Ltd (SVC Bank) Jayanagar Branch,
Bangalore and when the said cheques were presented for realization
through its banker State Bank of India, Wilson Garden, Bangalore. The
said cheques were dishonoured for the reason "Payment Stopped by
the Drawer" on 25.11.2016.
15. In all the above cases complainant requested the accused
persons for repayment of the amount covered under the dishonoured
cheques but failed to give proper reply and went on postponing the
same on one or the other pretext, having no other alternative got issued
notices on 21.12.2016 calling upon them to pay the amount due under
the dishonoured cheques. The said notices duly served but they failed
to comply the terms nor replied to the notices and thereby committed
an offence punishable under Section 138 of the N.I. Act.
16. In response to the summons, accused persons have
appeared through their counsel and enlarged on bail. The substance of
accusation was recorded and read over by my learned predecessor,
they pleaded not guilty and claim to be tried.
17. Complainant in order to establish its case one Meetesh
Bhandari., partner of the complainant firm and authorized person got
SCCH-22 14 C.C.No.4258,4366,4362,4375,4372,4363,4368,4367,
4374,4369, 4365,4373,4364,4371,4254, 4252, 4255,
4256, 4257,4631,4376,4370_2017
examined himself as PW.1 and got marked 49 documents at Ex.P1 to
Ex.P49. Thereafter accused persons have raised their defence during
cross-examination of PW.1 and in order to rebut the case of
complainants accused no.2 got examined himself as DW.1 and in
support of oral evidence documents marked at Ex.D1 to Ex.D3. The
statements of accused as required under Section 313 of Cr.P.C was
recorded and read over to them, for which they denied the
incriminating materials as false.
18. Heard arguments. Notes of arguments also filed and in
support of the arguments complainant relied upon decisions reported in
in Crl. Appeal No.693/2010 between M.N Chinnaiah and another Vs
State of Karnataka, (2019) 4 SCC 197 between BIR Singh vs Mukesh
Kumar (1994) 5 Supreme Court Cases 152 between Sukhvinder Singh
and Others Vs State of Punjab, (2017) 5 Supreme Court Cases 817
between SPS Rathore Vs Central Bureau of Investigation and another.
So also accused counsel relaid upon decisions reported 2007(2) DCR
608 between M.Senguttuvan Vs Mahadevaswamy, Creminal Appeal
no. 2653/2008 between M/s. Canara Workshops Ltd, Vs Mantesh,
Criminal Revision Petition no.129 of 2013 between George Joseph
SCCH-22 15 C.C.No.4258,4366,4362,4375,4372,4363,4368,4367,
4374,4369, 4365,4373,4364,4371,4254, 4252, 4255,
4256, 4257,4631,4376,4370_2017
another Vs HMT (International) Ltd and another. (2014) 10 Supreme
Court Cases 473 between Anvar P.V vs P.K.Basheer and others,
Criminal Appeal No.1028 of2010 between Shriram Transport Finance
co.ltd vs Smt. Asamabi Shabhan.
19. On perusal of oral as well as documentary evidence the
points that arise for my determination are as follows:
1) Whether the complainant proves that Ex.P2 and
Ex.P3 cheques have been issued by the accused persons
towards discharge of legal liability and the same were
dishonored on their presentation for the reason "Exceeds
Arrangement", "Funds Insufficient", "Payment Stopped
by Drawer" and further complied the mandatory
provisions of Sec. 138 (a) to (c) of N.I.Act and further
the complainant proves beyond doubt that the accused
persons without having sufficient funds in their account,
issued cheques towards discharge of their liability and
failed to make good to the complainant after its
dishonour within the stipulated period and thereby,
committed an offence punishable under section 138 of
N.I.Act?
2. What Order?
20. My answer to the above points are under :
Point No.1 - In the Negative
SCCH-22 16 C.C.No.4258,4366,4362,4375,4372,4363,4368,4367,
4374,4369, 4365,4373,4364,4371,4254, 4252, 4255,
4256, 4257,4631,4376,4370_2017
Point No.2 - As per final order for the
following
:: REASONS ::
POINT No.1:-
21. Since all these cases have arising out of the same transaction
between the same parties accordingly documents also produced
similarly common evidence recorded hence for the purpose of
convenience and to avoid repetition of facts I would like to discuss all
the cases together.
22. No doubt under Section 138 of the N.I Act the offence
will complete only if the mandatory provisions of Sec. 138 (a) to (c)
are complied, when the cheque was issued towards discharge of legal
liability and it was dishonoured in the credit of the accused.
23. In this context, the complaint averments in all cases reveal
that the complainant is a registered partnership firm engaged in the
business of sales and supply of fabric/denim. First accused company
incorporated under the companies Act represented by its directors
accused no.2 to 6 purchased materials/fabrics/denim from the
complainant firm on several occasions and were enjoying credit
facilities from the complainant firm.
SCCH-22 17 C.C.No.4258,4366,4362,4375,4372,4363,4368,4367,
4374,4369, 4365,4373,4364,4371,4254, 4252, 4255,
4256, 4257,4631,4376,4370_2017
24. Accused no.1 company has sought for supply of
fabric/denim from the complainant over a few years now and the
payments for such supply's were being made after supply of
materials/denim/fabric. In the course of business the complainant
raised several invoices in relation to the supply made to the accused
persons and the accused persons have got issued cheques towards the
payment for the supplies of fabric/denim under invoices as stated
supra.
25. Towards discharge of a portion of legally enforceable debt as
per the invoices first accused represented by accused no.2 to 6 issued
cheques. In CC No. 4258/2017 Cheque bearing No.024274 dated
30.11.2016 for a sum of Rs.10,00,000/-. In CC No. 4362/2017 Cheque
bearing No.024281 dated 30.11.2016 for a sum of Rs.11,19,067/-. In
CC No. 4363/2017 Cheque bearing No.024103 dated 30.11.2016 for a
sum of Rs. 2,00,000/-. In CC No. 4364/2017 Cheque bearing
No.024104 dated 30.11.2016 for a sum of Rs. 2,00,000/-. In CC No.
4365/2017 Cheque bearing No.024296 dated 30.11.2016 for a sum of
Rs. 3,00,000/-. In CC No. 4366/2017 Cheque bearing No.024294
dated 30.11.2016 for a sum of Rs. 3,00,000/-. In CC No. 4367/2017
SCCH-22 18 C.C.No.4258,4366,4362,4375,4372,4363,4368,4367,
4374,4369, 4365,4373,4364,4371,4254, 4252, 4255,
4256, 4257,4631,4376,4370_2017
Cheque bearing No.024101 dated 30.11.2016 for a sum of Rs.
2,24,982/-. In CC No. 4368/2017 Cheque bearing No.024102 dated
30.11.2016 for a sum of Rs. 2,00,000/-. In CC No. 4369/2017 Cheque
bearing No.0024297 dated 30.11.2016 for a sum of Rs.3,00,000/-. In
CC No. 4371/2017 Cheque bearing No.024247 dated 30.11.2016 for a
sum of Rs.10,00,000/-. In CC No. 4372/2017 Cheque bearing
No.024246 dated 30.11.2016 for a sum of Rs.10,00,000/-. In CC No.
4373/2017 Cheque bearing No.024295 dated 30.11.2016 for a sum of
Rs.3,00,000/-. In CC No. 4374/2017 Cheque bearing No.024248 dated
30.11.2016 for a sum of Rs.10,00,000/-. In CC No. 4375/2017 Cheque
bearing No.02475 dated 30.11.2016 for a sum of Rs.10,00,000/-.
26. All the above said cheques were drawn on The Shamrao
Vittal Co-Operative Bank Ltd (SVC Bank) Jayanagar Branch,
Bangalore and the said cheques were presented for realization through
its banker State Bank of India, Wilson Garden, Bangalore. The said
cheques were dishonoured for the reason "Exceeds Arrangement" on
01.12.2016.
27. So also in CC No.4252,4254,4255,4256,4257/2017 as per
the invoices first accused represented by accused no.2 to 6 have issued
SCCH-22 19 C.C.No.4258,4366,4362,4375,4372,4363,4368,4367,
4374,4369, 4365,4373,4364,4371,4254, 4252, 4255,
4256, 4257,4631,4376,4370_2017
5 cheques i.e., in CC No. 4252/2017 Cheque bearing No.417593 dated
30.11.2016 for a sum of Rs.2,07,956/-. In CC No. 4254/2017 Cheque
bearing No.417580 dated 30.11.2016 for a sum of Rs.11,90,833/-. In
CC No. 4255/2017 Cheque bearing No.417579 dated 30.11.2016 for a
sum of Rs.10,00,000/-. In CC No. 4256/2017 Cheque bearing
No.417578 dated 30.11.2016 for a sum of Rs.10,00,000/-. In CC No.
4257/2017 Cheque bearing No.417577 dated 30.11.2016 for a sum of
Rs.10,00,000/-.
28. All the above said cheques were drawn on The Kotak
Mahindra Bank Ltd, (KM Bank), Jayanagar Branch, Bangalore and
when the said cheques were presented for realization through its
banker State Bank of India, Wilson Garden, Bangalore. The said
cheques were dishonoured for the reason "Funds Insufficient" on
01.12.2016.
29. And in CC No. 4361, 4376,4370/2017 towards discharge of
a portion of legally enforceable debt as per the invoices first accused
represented by accused no.2 to 6 have issued 3 cheques I.e, in CC No.
4361/2017 Cheque bearing No.026333 dated 24.11.2016 for a sum of
Rs. 5,41,404/-. In CC No. 4370/2017 Cheque bearing No.026035 dated
SCCH-22 20 C.C.No.4258,4366,4362,4375,4372,4363,4368,4367,
4374,4369, 4365,4373,4364,4371,4254, 4252, 4255,
4256, 4257,4631,4376,4370_2017
20.10.2016 for a sum of Rs.19,96,218-. In CC No. 4376/2017 Cheque
bearing No.026328 dated 24.11.2016 for a sum of Rs.9,67,067/-.
30. All the above said cheques were drawn on The Shamrao
Vittal Co-Operative Bank Ltd (SVC Bank) Jayanagar Branch,
Bangalore and when the said cheques were presented for realization
through its banker State Bank of India, Wilson Garden, Bangalore. The
said cheques were dishonoured for the reason "Payment Stopped by
Drawer" on 25.11.2016.
31. In all the above cases complainant requested the accused for
repayment of the amount covered under the dishonoured cheques but
they failed to give proper reply and went on postponing the same on
one or other pretext, having no other alternative got issued notices
dated 21.12.2016 calling upon them to pay the amount under the
dishonoured cheques. The said notices duly served but they failed to
comply the terms nor replied to the notice.
32. The same has been reiterated by the Managing Partner Sri.
Meetesh Bhandari as PW.1 in his affidavit filed in lieu of his
examination-in-chief and in support of oral evidence got marked
documents as under;
SCCH-22 21 C.C.No.4258,4366,4362,4375,4372,4363,4368,4367,
4374,4369, 4365,4373,4364,4371,4254, 4252, 4255,
4256, 4257,4631,4376,4370_2017
1. In CC no. 4371/2017 , Certified copy of the registered partnership
deed Ex.P.1, Authorization Letter at Ex.P.2, Cheque Ex.P.3, Signature
of 4th accused at Ex.P.3(a), Signature of 6th accused at Ex.P.3(b), Bank
Endorsement at Ex.P.4, Legal notice at Ex.P5, 11 Postal receipts at
Ex.P.6 to16 , 11 Postal Acknowledgements at Ex.P.17 to 27,Certified
copy of Ledger account extract at Ex.P.28, Certified copy of
Confirmation Letter at Ex.P.29, Certified copy of 7 Tax Invoices at
Ex.P.30 to 36,Certified copy of 7 Delivery Notes at Ex.P.37 to
43,Certified copy of Debit note at Ex P.44,Certified copy of Form 32 at
Ex.P.45, Certified copy of Form 1 at Ex.P.46.
2. In CC no. 4258/2017, Certified copy of the registered partnership
deed Ex.P.1, Authorization Letter at Ex.P.2, Cheque Ex.P.3, Signature
of 4th accused at Ex.P.3(a), Signature of 6th accused at Ex.P.3(b), Bank
Endorsement at Ex.P.4, Legal notice at Ex.P5, 11 Postal receipts at
Ex.P.6 to16 , 11 Postal Acknowledgements at Ex.P.17 to 27,Certified
copy of Ledger account extract at Ex.P.28, 9 Tax Invoices at Ex.P.29 to
37,Certified copy of 7 Delivery Notes at Ex.P.38 to 43,Certified copy
of Form 32 at Ex.P.44, Certified copy of incorporation certificate at
Ex.P.45,Certified copy of Ledger account at Ex.P.46,Certified copy of
Ledger account at Ex.P.46, Tax Invoice at Ex.P.47, Certified copy of
Delivery Notes at Ex.P.48, Certified copy of Debit note at Ex.P.49.
3. In CC no. 4374/2017, Certified copy of the registered partnership
deed Ex.P.1, Authorization Letter at Ex.P.2, Cheque Ex.P.3, Signature
of 4th accused at Ex.P.3(a), Signature of 6th accused at Ex.P.3(b), Bank
Endorsement at Ex.P.4, Legal notice at Ex.P5, 11 Postal receipts at
Ex.P.6 to16 , 10 Postal Acknowledgements at Ex.P.17 to 26, Postal
Track consignment at Ex.P.27, Certified copy of Statement of account
at Ex.P.28, Certified copy of confirmation account at Ex.P.29, 7 Tax
Invoices at Ex.P.30-36,Certified copy of 7 Delivery Notes at Ex.P.37 to
43,Certified copy of Debit note at Ex.P.44, Certified copy of Form 32
at Ex.P45, Certified copy of incorporation certificate at Ex.P.46.
4. In CC no. 4367/2017, Certified copy of the registered partnership
deed Ex.P.1, Authorization Letter at Ex.P.2, Cheque Ex.P.3, Signature
of 4th accused at Ex.P.3(a), Signature of 6th accused at Ex.P.3(b), Bank
Endorsement at Ex.P.4, Legal notice at Ex.P5, 11 Postal receipts at
SCCH-22 22 C.C.No.4258,4366,4362,4375,4372,4363,4368,4367,
4374,4369, 4365,4373,4364,4371,4254, 4252, 4255,
4256, 4257,4631,4376,4370_2017
Ex.P.6 to16 , 10 Postal Acknowledgements at Ex.P.17 to 26, Postal
Track consignment at Ex.P.27, Certified copy of Statement of account
at Ex.P.28, Certified copy of confirmation account at Ex.P.29, 7 Tax
Invoices at Ex.P.30-36,Certified copy of 7 Delivery Notes at Ex.P.37 to
43,Certified copy of Debit note at Ex.P.44, Certified copy of Form 32
at Ex.P45, Certified copy of incorporation certificate at Ex.P.46
5. In CC no. 4373/2017, Certified copy of the registered partnership
deed Ex.P.1, Authorization Letter at Ex.P.2, Cheque Ex.P.3, Signature
of 4th accused at Ex.P.3(a), Signature of 6th accused at Ex.P.3(b), Bank
Endorsement at Ex.P.4, Legal notice at Ex.P5, 11 Postal receipts at
Ex.P.6 to16 , 11 Postal Acknowledgements at Ex.P.17 to 27, Certified
copy of Statement of account at Ex.P.28, Certified copy of
confirmation account at Ex.P.29, 7 Tax Invoices at Ex.P.30-36,Certified
copy of 7 Debit note at Ex.P.37 to 43, Certified copy of Debit note at
Ex.P.44, Certified copy of Form 32 at Ex.P45, Certified copy of
incorporation certificate at Ex.P.46.
6. In CC no. 4366/2017, Certified copy of the registered partnership
deed Ex.P.1, Authorization Letter at Ex.P.2, Cheque Ex.P.3, Signature
of 4th accused at Ex.P.3(a), Signature of 6th accused at Ex.P.3(b), Bank
Endorsement at Ex.P.4, Legal notice at Ex.P5, 11 Postal receipts at
Ex.P.6 to16 , 11 Postal Acknowledgements at Ex.P.17 to 26, Postal
Track consignment at Ex.P.27, Certified copy of Statement of account
at Ex.P.28, Certified copy of confirmation account at Ex.P.29, Certified
copy of 7 Tax Invoices at Ex.P.30-36,Certified copy of 7 Delivery
Notes at Ex.P.37 to 43, Certified copy of Debit note at Ex.P.44,
Certified copy of Form 32 at Ex.P45, Certified copy of incorporation
certificate at Ex.P.46.
7. In CC no. 4362/2017, Certified copy of the registered partnership
deed Ex.P.1, Authorization Letter at Ex.P.2, Cheque Ex.P.3, Signature
of 4th accused at Ex.P.3(a), Signature of 6th accused at Ex.P.3(b), Bank
Endorsement at Ex.P.4, Legal notice at Ex.P5, 11 Postal receipts at
Ex.P.6 to16 , 11 Postal Acknowledgements at Ex.P.17 to 26, Postal
Track consignment at Ex.P.27, Certified copy of Statement of account
at Ex.P.28, Certified copy of confirmation account at Ex.P.29, 7 Tax
Invoices at Ex.P.30-36,Certified copy of 7 Delivery note at Ex.P.37 to
SCCH-22 23 C.C.No.4258,4366,4362,4375,4372,4363,4368,4367,
4374,4369, 4365,4373,4364,4371,4254, 4252, 4255,
4256, 4257,4631,4376,4370_2017
43 , Certified copy of Debit notes at Ex.P 44 - Certified copy of
Form 32 at Ex.P45, Certified copy of incorporation certificate at
Ex.P.46.
8. In CC no. 4365/2017, Certified copy of the registered partnership
deed Ex.P.1, Authorization Letter at Ex.P.2, Cheque Ex.P.3, Signature
of 4th accused at Ex.P.3(a), Signature of 6th accused at Ex.P.3(b), Bank
Endorsement at Ex.P.4, Legal notice at Ex.P5, 11 Postal receipts at
Ex.P.6 to16 , 11 Postal Acknowledgements at Ex.P.17 to 27, Certified
copy of Statement of account at Ex.P.28, Certified copy of
confirmation account at Ex.P.29, 7 Tax Invoices at Ex.P.30-36,Certified
copy of 7 Delivery Notes at Ex.P.37 to 43,Certified copy of Debit note
at Ex.P.44, Certified copy of Form 32 at Ex.P45, Certified copy of
incorporation certificate at Ex.P.46.
9. In CC no. 4372/2017, Certified copy of the registered partnership
deed Ex.P.1, Authorization Letter at Ex.P.2, Cheque Ex.P.3, Signature
of 4th accused at Ex.P.3(a), Signature of 6th accused at Ex.P.3(b), Bank
Endorsement at Ex.P.4, Legal notice at Ex.P5, 11 Postal receipts at
Ex.P.6 to16 , 11 Postal Acknowledgements at Ex.P.17 to 27, Certified
copy of Statement of account at Ex.P.28, Certified copy of
confirmation account at Ex.P.29, 7 Tax Invoices at Ex.P.30-36,Certified
copy of 7 Delivery Notes at Ex.P.37 to 43,Certified copy of Debit note
at Ex.P.44, Certified copy of Form 32 at Ex.P45, Certified copy of
incorporation certificate at Ex.P.46.
10. In CC no. 4375/2017, Certified copy of the registered partnership
deed Ex.P.1, Authorization Letter at Ex.P.2, Cheque Ex.P.3, Signature
of 4th accused at Ex.P.3(a), Signature of 6th accused at Ex.P.3(b), Bank
Endorsement at Ex.P.4, Legal notice at Ex.P5, 11 Postal receipts at
Ex.P.6 to16 , 11 Postal Acknowledgements at Ex.P.17 to 27, Certified
copy of Statement of account at Ex.P.28, Certified copy of
confirmation account at Ex.P.29, 7 Tax Invoices at Ex.P.30-36,Certified
copy of 7 Debit Notes at Ex.P.37 to 43, Certified copy of Debit note at
Ex.P.44 Certified copy of Form 32 at Ex.P45, Certified copy of
incorporation certificate at Ex.P.46
11. In CC no. 4368/2017, Certified copy of the registered partnership
SCCH-22 24 C.C.No.4258,4366,4362,4375,4372,4363,4368,4367,
4374,4369, 4365,4373,4364,4371,4254, 4252, 4255,
4256, 4257,4631,4376,4370_2017
deed Ex.P.1, Authorization Letter at Ex.P.2, Cheque Ex.P.3, Signature
of 4th accused at Ex.P.3(a), Signature of 6th accused at Ex.P.3(b), Bank
Endorsement at Ex.P.4, Legal notice at Ex.P5, 11 Postal receipts at
Ex.P.6 to16 , 11 Postal Acknowledgements at Ex.P.17 to 27, Certified
copy of Statement of account at Ex.P.28, Certified copy of
confirmation account at Ex.P.29, Certified copy of 7 Tax Invoices at
Ex.P.30-36, Certified copy of 7 Delivery Notes at Ex.P.37 to 43,
Certified copy of Debit notes at Ex.P44, Certified copy of Form 32 at
Ex.P45, Certified copy of incorporation certificate at Ex.P.46.
12. In CC no. 4369/2017, Certified copy of the registered partnership
deed Ex.P.1, Authorization Letter at Ex.P.2, Cheque Ex.P.3, Signature
of 4th accused at Ex.P.3(a), Signature of 6th accused at Ex.P.3(b), Bank
Endorsement at Ex.P.4, Legal notice at Ex.P5, 11 Postal receipts at
Ex.P.6 to16 , 10 Postal Acknowledgements at Ex.P.17 to 26, Postal
Track consignment at Ex.P27, Certified copy of Statement of account
at Ex.P.28, Certified copy of confirmation account at Ex.P.29, Certified
copy of 7 Tax Invoices at Ex.P.30-36, Certified copy of 7 Delivery
Notes at Ex.P.37 to 43,Certified copy of Debit notes at Ex.P44,
Certified copy of Form 32 at Ex.P45, Certified copy of incorporation
certificate at Ex.P.46.
13. In CC no. 4363/2017, Certified copy of the registered partnership
deed Ex.P.1, Authorization Letter at Ex.P.2, Cheque Ex.P.3, Signature
of 4th accused at Ex.P.3(a), Signature of 6th accused at Ex.P.3(b), Bank
Endorsement at Ex.P.4, Legal notice at Ex.P5, 11 Postal receipts at
Ex.P.6 to16 , 11 Postal Acknowledgements at Ex.P.17 to 27, Certified
copy of Statement of account at Ex.P.28, Certified copy of
confirmation account at Ex.P.29, Certified copy of 7 Tax Invoices at
Ex.P.30-36, Certified copy of 7 Debit Notes at Ex.P.37 to 43, Certified
copy of Debit notes at Ex.P.44, Certified copy of Form 32 at Ex.P45,
Certified copy of incorporation certificate at Ex.P.46.
14. In CC no. 4364/2017, Certified copy of the registered partnership
deed Ex.P.1, Authorization Letter at Ex.P.2, Cheque Ex.P.3, Signature
of 4th accused at Ex.P.3(a), Signature of 6th accused at Ex.P.3(b), Bank
Endorsement at Ex.P.4, Legal notice at Ex.P5, 11 Postal receipts at
Ex.P.6 to16 , 11 Postal Acknowledgements at Ex.P.17 to 27, Certified
copy of Statement of account at Ex.P.28, Certified copy of
SCCH-22 25 C.C.No.4258,4366,4362,4375,4372,4363,4368,4367,
4374,4369, 4365,4373,4364,4371,4254, 4252, 4255,
4256, 4257,4631,4376,4370_2017
confirmation account at Ex.P.29, Certified copy of 7 Tax Invoices at
Ex.P.30-36, Certified copy of 7 Debit Notes at Ex.P.37 to 43, Certified
copy of Debit notes at Ex.P.44, Certified copy of Form 32 at Ex.P45,
Certified copy of incorporation certificate at Ex.P.46.
15. In CC no. 4361/2017, Authorization Letter at Ex.P.1, Cheque
Ex.P.2, Signature of 4th accused at Ex.P.2(a), Signature of 6th accused at
Ex.P.2(b), Bank Endorsement at Ex.P.3 and 4, Legal notice at Ex.P5,
13 Postal receipts at Ex.P.6 to18 , 13 Postal Acknowledgements at
Ex.P.19 to 31, Certified copy of the registered partnership deed
Ex.P.32, Certified copy of Statement of account at Ex.P.33, Certified
copy of confirmation account at Ex.P.34, 3 Tax Invoices at Ex.P.35-37,
Certified copy of 3 Debit Notes at Ex.P.38 to 40.
16. In CC no. 4376/2017, Authorization Letter at Ex.P.1, Cheque
Ex.P.2, Signature of 4th accused at Ex.P.2(a), Signature of 6th accused at
Ex.P.2(b), Bank Endorsement at Ex.P.3 and 4, Legal notice at Ex.P5,
13 Postal receipts at Ex.P.6 to18 , 13 Postal Acknowledgements at
Ex.P.19 to 31, Certified copy of the registered partnership deed
Ex.P.32, Certified copy of Statement of account at Ex.P.33, Certified
copy of confirmation account at Ex.P.34, Certified copy of 3 Tax
Invoices at Ex.P.35-37, Certified copy of 3 Delivery Notes at Ex.P.38
to 40.
17. In CC no. 4370/2017, Authorization Letter at Ex.P.1, Cheque
Ex.P.2, Signature of 4th accused at Ex.P.2(a), Signature of 6th accused at
Ex.P.2(b), Bank Endorsement at Ex.P.3 and 4, Legal notice at Ex.P5,
13 Postal receipts at Ex.P.6 to18 , 12 Postal Acknowledgements at
Ex.P.19 to 30, Postal tract consignment at Ex.P31, Certified copy of
Statement of account at Ex.P.32, Certified copy of confirmation
account at Ex.P.33, Certified copy of 3 Tax Invoices at Ex.P.34-36,
Certified copy of 3 Delivery Notes at Ex.P.37 to 39.
18. In CC no. 4252/2017, Authorization Letter at Ex.P.1, Cheque
Ex.P.2, Signature of 4th accused at Ex.P.2(a), Signature of 6th accused at
Ex.P.2(b), Bank Endorsement at Ex.P.3 and 4, Legal notice at Ex.P5,
13 Postal receipts at Ex.P.6 to18 , 12Postal Acknowledgements at
Ex.P.19 to 30, Certified copy of the registered partnership deed
Ex.P.31, Certified copy of Statement of account at Ex.P.32, Certified
SCCH-22 26 C.C.No.4258,4366,4362,4375,4372,4363,4368,4367,
4374,4369, 4365,4373,4364,4371,4254, 4252, 4255,
4256, 4257,4631,4376,4370_2017
copy of confirmation account at Ex.P.33, Certified copy of Debit note
at Ex.P34, Certified copy of 3 Tax Invoices at Ex.P.35-37, Certified
copy of 3 Delivery Notes at Ex.P.38 to 40,Postal track consignment at
Ex.P41.
19. In CC no. 4255/2017, Authorization Letter at Ex.P.1, Cheque
Ex.P.2, Signature of 4th accused at Ex.P.2(a), Signature of 6th accused at
Ex.P.2(b), Bank Endorsement at Ex.P.3 and 4, Legal notice at Ex.P5,
13 Postal receipts at Ex.P.6 to18 , 13Postal Acknowledgements at
Ex.P.19 to 31, Certified copy of the registered partnership deed
Ex.P.32, Certified copy of Statement of account at Ex.P.33, Certified
copy of confirmation account at Ex.P.34, Certified copy of Debit note
at Ex.P35, Certified copy of 3 Tax Invoices at Ex.P.36-38, Certified
copy of 3 Delivery Notes at Ex.P.39 to 41.
20. In CC no. 4256/2017, Authorization Letter at Ex.P.1, Cheque
Ex.P.2, Signature of 4th accused at Ex.P.2(a), Signature of 6th accused at
Ex.P.2(b), Bank Endorsement at Ex.P.3 and 4, Legal notice at Ex.P5,
13 Postal receipts at Ex.P.6 to18 , 12Postal Acknowledgements at
Ex.P.19 to 30, Postal track consignment at Ex.P31, Certified copy of
the registered partnership deed Ex.P.32, Certified copy of Statement of
account at Ex.P.33, Certified copy of confirmation account at Ex.P.34,
Certified copy of Debit note at Ex.P35, Certified copy of 3 Tax
Invoices at Ex.P.36-38, Certified copy of 3 Delivery Notes at Ex.P.39
to 41.
21. In CC no. 4257/2017, Authorization Letter at Ex.P.1, Cheque
Ex.P.2, Signature of 4th accused at Ex.P.2(a), Signature of 6th accused at
Ex.P.2(b), Bank Endorsement at Ex.P.3 and 4, Legal notice at Ex.P5,
13 Postal receipts at Ex.P.6 to18 , 12Postal Acknowledgements at
Ex.P.19 to 30, Postal track consignment at Ex.P31, Certified copy of
the registered partnership deed Ex.P.32, Certified copy of Statement of
account at Ex.P.33, Certified copy of confirmation account at Ex.P.34,
Certified copy of Debit note at Ex.P35, Certified copy of 6 Tax
Invoices at Ex.P.36-41, Certified copy of 2 Delivery Notes at Ex.P.42
to 43.
22. In CC no. 4254/2017, Authorization Letter at Ex.P.1, Cheque
SCCH-22 27 C.C.No.4258,4366,4362,4375,4372,4363,4368,4367,
4374,4369, 4365,4373,4364,4371,4254, 4252, 4255,
4256, 4257,4631,4376,4370_2017
Ex.P.2, Signature of 4th accused at Ex.P.2(a), Signature of 6th accused at
Ex.P.2(b), Bank Endorsement at Ex.P.3 and 4, Legal notice at Ex.P5,
13 Postal receipts at Ex.P.6 to18 , 13 Postal Acknowledgements at
Ex.P.19 to 31, Certified copy of the registered partnership deed
Ex.P.32, Certified copy of Statement of account at Ex.P.33, Certified
copy of confirmation account at Ex.P.34, Certified copy of Debit note
at Ex.P35, Certified copy of 3 Tax Invoices at Ex.P.36-38, Certified
copy of 3 Delivery Notes at Ex.P.39 to 41.
33. In order to rebut the case of complainant the accused
persons have raised their defence during cross-examination of PW.1
that there is no authorization for PW.1 to represent the case and PW.1
Meetesh Bandari having no authority under Authorization letter
wherein the persons mentioned in Ex.P1 and Ex.P2 have no power to
execute or authorize Meetesh Bandary as they were not at all the
partners since the partnership deed not furnished which is a mandatory
because Ex.P1 the partnership deed in which the name of PW.1 not at
all been mentioned as such inference has to be drawn.
34. In support of the contention of accused persons learned
counsel for accused persons relied on decisions reported in 2007 (2)
DCR 608 between M.Senguttuvan Vs Mahadevaswamy and the
Criminal appeal 2653/2008 and Criminal revision petition 129/2010.
According to complainant it is a registered partnership firm and PW.1
being authorized representative of the complainant company having
SCCH-22 28 C.C.No.4258,4366,4362,4375,4372,4363,4368,4367,
4374,4369, 4365,4373,4364,4371,4254, 4252, 4255,
4256, 4257,4631,4376,4370_2017
authorized under Ex.P1 and he is a managing partner got produced the
documents.
35. When the accused seriously disputing the existence of
partnership deed as well as the firm and it is their contention that the
complainant firm failed to produce the partnership deed and also PW.1
having no authority, such being the case the burden is on the
complainant to prove the same by producing the documents. According
to complainant Ex.P1 is the partnership deed. But on perusal of Ex.P1
no where the name of PW.1 has been mentioned therein and in Ex.P1
clearly mentioned the names of the partners are 7 members namely,
Mangilal, Ashok Kumar, Mohan Lal, Suresh Kumar, Meethesh Kumar,
Vikram Kumar and Sumith Kumar and Ex.P1 which is of the year
2000 and the complainant firm registered under Ex.P1 on 11.09.2000
as such the burden is on the complainant to prove that PW.1 being the
Managing partner of the complainant firm and he has been authorized
to represent on behalf of the complainant firm.
36. When it is the specific contention of accused persons that
the complainant PW.1 having no authority to prosecute on behalf of the
firm but according to PW.1 he being the Managing partner, under
SCCH-22 29 C.C.No.4258,4366,4362,4375,4372,4363,4368,4367,
4374,4369, 4365,4373,4364,4371,4254, 4252, 4255,
4256, 4257,4631,4376,4370_2017
authorization letter he has been authorized. But on perusal of Ex.P1
said to have been executed by the partners namely Meetesh Bandary,
Sumith Bandary, Vikram Bandary, but their names have not at all been
mentioned in Ex.P1. Further during cross-examination of PW.1
suggestions also made to PW.1 that who had signed the authorization
letter are no where related to the complainant firm. PW.1 during cross-
examination admitted that the firm was reconstituted for about 2 or 3
times and it was reconstituted 7-8 years earlier and he also admitted
that the recent partnership deed will be produce before the court and
though admitted but no such partnership deed produced before the
court.
37. When the accused persons denied the existence of the firm
as well as the authority of the persons to execute Ex.P1 in such an
event the burden is on the complainant to produce such documents, but
failed to produce the same for the best reason known to it. Regarding
mandatory aspects with respect to having valid authorization and
production of partnership deed it has been observed in Criminal appeal
no. 1650 of 2002, 2007(2) PCR 608 between between M.Senguttuvan
Vs Mahadevaswamy, it has been held that;
SCCH-22 30 C.C.No.4258,4366,4362,4375,4372,4363,4368,4367,
4374,4369, 4365,4373,4364,4371,4254, 4252, 4255,
4256, 4257,4631,4376,4370_2017
"Negotiable Instrument Act
1881- Section 138 and 141-dishonour
of cheque- partnership deed of the
firm is not produced to show that the
complainant M. Senguttuvan is the
managing partner. General power of
attorney is also not produced to show
that he has been authorized to file a
complaint.
In deposition the complainant
described himself as authorized by the
firm and has produced the
authorization letter. However the
partnership deed has not been
produced to show that PW.1 is the
managing partner of the firm".
38. And the principle laid down therein is aptly applicable to the
present case in respect of the said fact so also the principle laid down
in criminal appeal is also applicable to the present case on hand at this
stage.
39. Even though PW.1 admitted that the Partnership deed
entered in to between the complainant firm recently and will be
produce before the court but failed to produce the same, accordingly an
inference can be drawn as provided under Section 114 of the Indian
Evidence Act and PW.1 at the first instance failed to discharge that he
is having authority under Ex.P1 to file this complaint and also to
adduce evidence when according to PW.1 the persons named under
SCCH-22 31 C.C.No.4258,4366,4362,4375,4372,4363,4368,4367,
4374,4369, 4365,4373,4364,4371,4254, 4252, 4255,
4256, 4257,4631,4376,4370_2017
Ex.P2 who have got executed but they are not at all the partners under
Ex.P1. Ex.P2 and Ex.P1 are contrary to each other and except got
produced Ex.P1 complainant failed to prove the same.
40. Further it is the contention of accused persons that the
documents produced namely ledger account, confirmation of accounts
produced by the complainant can not be looked into which are in
contravention of Section 65 B of Indian Evidence Act. According to
accused all these documents are taken out from the computer then
under the purview of Section 65 of Indian Evidence Act and regarding
to prove whether the print out submitted without complying Section
65(B), as such the admissibility of secondary evidence of electrical
records depends upon satisfaction of condition as prescribed under
Section 65-B. But according to complainant which are all original
documents.
41. At this stage it is relevant to mention Section 65- B of Indian
evidence Act 1872. Section 65- B(4) - Secondary evidence of
electronic record producing copy of statement pertaining to electronic
record in evidence not being the original electronic record- mandatory
pre- requirement-held, such statement has to be accompanied by a
SCCH-22 32 C.C.No.4258,4366,4362,4375,4372,4363,4368,4367,
4374,4369, 4365,4373,4364,4371,4254, 4252, 4255,
4256, 4257,4631,4376,4370_2017
certificate as specified in Section 65-B(4)- Essential ingredients of
such certificate, enumerated-held, such certificate must accompany
electronic record like CD, VCD, pen-drive, etc., which contains the
statement which is sought to be given as secondary evidence,
secondary evidence of electronic record cannot be admitted in
evidence, as in present case. In the present case on hand the
complainant failed to file a certificate as provided under the Act and
complainant not proved the condition enumerated under provision.
42. Accused have also raised their defence that there is a
violation of terms in the invoice and the complainant is demanding
excess amount contrary to the invoices. When the claim amount is less
and the cheques amount are more then the prosecution under Section
138 of NIAct will not stand and the cheques were issued by them by
blank putting signatures, as a security and got misused by the
complainant firm and filed these false cases.
43. Further in CC No.4258/2017 the notice, sworn statement,
complaint and evidence is in respect of Rs.2,00,000/- but cheque Ex.P3
produced and marked for Rs.10,00,000/-, as such there is no
consistency and Ex.P46 is contrary to the invoice produced and at one
SCCH-22 33 C.C.No.4258,4366,4362,4375,4372,4363,4368,4367,
4374,4369, 4365,4373,4364,4371,4254, 4252, 4255,
4256, 4257,4631,4376,4370_2017
part filed dishonoured cheque for Rs.2,00,000/- whereas in evidence
sworn in respect of dishonour of cheque amounting to Rs.10,00,000/-
accordingly the complainant is not specific.
44. On perusal of invoices marked at Ex.P29 to Ex.P36 as
according to complainant as per the terms and conditions which forms
the contract between the parties and as per that terms and conditions
the amount indicate in the invoices which shall be the actual price
charged and there will be no any additional charge/consideration
flowing directly or indirectly under such sales.
45. In this context on perusal of Ex.P28 ledger extract and also
Ex.P49 debit note it has been mentioned specifically about
enhancement of rate that is rate difference and in the complaint the
invoice has been shown as VTA-DN-70 dated 06.09.2016 for
Rs.20,24,982/-, Rs.2,07,956/- VTA/DN/71. Further according to PW.1
who admitted during cross-examination that there is no changes on the
price after issuance of invoices and under Ex.P28 they are claiming
Rs.20,24,982/- and Rs.2,07,956/- in respect of the same got produced
the debit note but to show which invoices the said debit note relates for
which according to PW.1 he has to verify the account and at this stage
SCCH-22 34 C.C.No.4258,4366,4362,4375,4372,4363,4368,4367,
4374,4369, 4365,4373,4364,4371,4254, 4252, 4255,
4256, 4257,4631,4376,4370_2017
it is relevant to mention the same that;
"ನನನ ಹಜರನ ಪಡಸರನವ ಇನನಸ
ಗಳಲ ನಮಮದಸಲದ ಷರತತನ ಲ ಯವದದ
ಒಒದನ ವಸನತ ವಗ ಬಲ ನಗದ ಪಡಸದರ ಅದನನ
ನ
ಬದಲಯಸನವ ಪ ಪ ಶನ ಇಲಲ ಎಒಬನದಗ
ನಮಮದಗದ ಅಒದರ ಸರ. ಅದದ ರದತ
ಚ ವರ ಬಲಗಳನನ
ಹಚನ ನ ಸಹ ನಗಧತ ಬಲಯ
ಮದಲ ಪ ಪ ತತ ಕವಗ ಆಗಲದ ಅಥವ
ಪರಮದಕವಗ ಸಹ ಹಕನವದಲಲ ಎಒಬನದಗ
ಷರತತದ ಅಒದರ ಸರ. ನ.ಪ.28 ರಲ ನವ
ರಮ.2024982 ನನ
ನ ಕಮ ಮಡದವ ಅಒದರ
ಸರ. ಆ ಮತತ ಬರಬದಕಗರನವ ಬಗಗ ಡಬಟ
ನಮದಟನನ
ನ ನತಯ ಲಯಕಕ ಹಜರನ
ಪಡಸದನ. ಅದನ ಯವ ಇನನಸ ಗ
ಸಒಬಒಧಪಟಟದದ ನ ಎಒಬ ಬಗಗ ನಮಮ ಅಕಒಟ
ಶಖಯಲ ಪರಶದಲನ ಮಡ ಹದಳಬದಕಗದ".
46. Further according to PW.1 the difference of Rs.20,24,982/-
occured due to difference in price on the materials of debit note, the
firm is acting as per terms and condition of the agreement but no such
agreement entered in to between the complainant and accused and at
this stage also it is relevant to mention the same that;
"ರಮ. 20,24,982/-ರ ವತ ತತ ಸದ
ಹಣ ಡಬಟ ನಮದಟ ನ ವಸನತ ಗಳ ಬಲ
ವತ ತತ ಸದ ಕರಣ ಉಒಟಗರನತತ ದ . ನಮ ಮ
SCCH-22 35 C.C.No.4258,4366,4362,4375,4372,4363,4368,4367,
4374,4369, 4365,4373,4364,4371,4254, 4252, 4255,
4256, 4257,4631,4376,4370_2017
ಸಒಸಸ ಯ ಕರರನಲ ನಮಮದಸಲದ
ಷರತನತ ಮತನತ ನಯಮಗಳಗ
ಅನನಗನಣವಗಯ ನಡದನಕಮಳನ ಳ ತತದ .
ಅದದ ರದತ ಆರಮದಪತರನ ಸಹ ಆ
ಕರರನಲ ಏಪರಟಟ ಷರತನತ ಮತನತ
ನಯಮಗಳನನ ನ ಪಲಸಬದಕಗನತತದ
ಎಒದರ ಸರ. ನಮ ಮ ಮತನತ ಆರಮದಪತರ
ನಡನವ ಪ ಪ ತತದ ಕ ಕರರನ ಏಪರಟಟರ ನವದಲಲ .
ಟಟಕ ಕ ಇನ ವಯಸ ನಲ ನಮಮದದ
ಎಲ ಲ ಅಒಶಗಳ ಅಧರದ ಮದಲ ಕರರನ
ಉಒಟಗರನತತದ . ಆದರ ಪ ಪ ತತದ ಕ ಕರರನ
ಕ ಇನನಯ ಕ ಗಳನ ಸಮನತ ವಗ
ಇಲಲ . ಟಟಕ
ನಮ ಮ ವಶದಲ ಇರನತತ ವ . ಸದರ ಪ ಪ ಕರಣಕಕ
ಸಒಬಒಧಪಟಟ ಒತ ನಮ ಮ ಫಮ ನ ರ ನಒದ
ಇನನಯ ಕ ನಲ ನಮಮದಸಲದ
ಷರತನತ ಗಳನನನ ಉಲಲ ಒಘಸ "ಹಚನ ಚ ವರ ಹಣಕಕ
ಸದರ ಪ ಪ ಕರಣಗಳನನ ನ ಸಲಸದನಒದರ
ಸರಯಲಲ ".
47. By reading the above admission of PW.1 and as per the
averments made in the complaint and on perusal of actual invoices
totally amounting to Rs.61 lakhs but the complainant has claimed the
amount of Rs.81,44,049/- as admittedly according to PW.1
Rs.20,24,982/- is a difference of rate, such being the thing failed to
prove nor produced any supportive documents for claiming
Rs.20,24,982/-, nothing has been produced nor explained about the
same how the said difference has taken place.
48. Further on perusal of Ex.P46 dated 08.09.2016 statement of
account the number of Ex.P29 to Ex.P37 i.e., 7 invoices not at all been
SCCH-22 36 C.C.No.4258,4366,4362,4375,4372,4363,4368,4367,
4374,4369, 4365,4373,4364,4371,4254, 4252, 4255,
4256, 4257,4631,4376,4370_2017
mentioned as according to PW.1 after verification and confirmation
only he will sign the same and some mistakes crept and the said
mistakes came to their knowledge in respect of Ex.P46 only after filing
the present complaints and the originals of Ex.P46 mentioned at page 2
not been produced and no inconvenience to produce the same at this
stage, it is also relevant to mention the same that;
"ನಮಮ ಅಕಒಟಒಟ ರವರನ ನದಡದ
ಅಕಒಟ ಕನನ ಮದರಷನ ಮತನತ ಇನನಸ ನನ
ನ
ಪರಶದಲನ ಮಡ ಸಹ ಮಡದನ ಅಒದರ
ಅದರಲ ಕಲವ ನಮ
ತ ನತಗಳನ ಕಕತಪಪ ಆಗದ.
ನ.ಪ.46 ರಲ ಆದ ತಪಪ ಸದರ ಪ ಪ ಕ ರಣಗಳನನ
ನ
ದಖಲಸದ ನಒತರ ಗಮತತಯ ತ ್ನತ. ಈ ಬಗಗ
ಆರಮದಪತರನ ಯವದದ ಲಖತ ಉತತರ
ನದಡಲಲ . ನ.ಪ.46 ಪಟ 2 ರಲ ನಮಮದಸಲದ
ಇನನಸ ಗಳ ಮಮಲ ಪ ಪ ತಯನನ
ನ
ನತಯ ಲಯಕಕ ಹಜರನ ಪಡಸಲನ ನನಗ
ಯವದದ ತಮಒದರ ಇಲಲ ".
49. But nothing has been produced and when Ex.P46 itself is
not a correct document for which also complainant failed to prove the
entries of Ex.P46 except by producing and marking the said
documents i.e., invoices itself does not dispense with their proof in the
existence of admission of PW.1.
SCCH-22 37 C.C.No.4258,4366,4362,4375,4372,4363,4368,4367,
4374,4369, 4365,4373,4364,4371,4254, 4252, 4255,
4256, 4257,4631,4376,4370_2017
50. On perusal of Ex.P46 as according to complainant was
given by accused persons in respect of confirmation of accounts, and it
is the specific contention of complainant that through those invoices
the firm had supplied the materials but the said invoices have not at all
been reflected in Ex.P46. When the invoice numbers not at all been
reflected in the confirmation of accounts, then what is the base for their
claim to prove the existence of liability not been established as there is
no dispute in respect of signatures nor transaction and issuance of
cheques but it is the specific contention of accused persons that
cheques issued for security purpose then the burden is on the
complainant to prove the existence of enforceable debt under the
invoices and in discharge of the same got issued the cheques for which
also complainant not made any efforts. PW.1 also admitted Ex.P46
and delivery note where there is difference in rate.
51. Further the complaint in CC no.4258/2017 filed for
dishonour of cheque for Rs.2,00,000/- and sworn statement, plea also
recorded for Rs.2,00,000/- and cognizance is taken but evidence lead
for Rs.10,00,000/- and there is contradictory version. So also in CC
No.4363/2017 complaint filed for dishonour of cheque for
SCCH-22 38 C.C.No.4258,4366,4362,4375,4372,4363,4368,4367,
4374,4369, 4365,4373,4364,4371,4254, 4252, 4255,
4256, 4257,4631,4376,4370_2017
Rs.10,00,000/- and sworn statement and plea recorded for
Rs.10,00,000/-, cognizance also taken but evidence lead for dishonor
of 2 lakh which also been contradictory and complainant not made
efforts in this regard to correct the discrepancies.
52. Further PW.1 also admitted that the accused persons have
given cheques earlier to the invoices and at this stage also it is relevant
to mention the same that;
"2015-2016 ರಒದ ಆರಮದಪತರ ಜಮತ
ಸದರ ವತ ವಹರ ಮಡನತತದ ನ . ಕಲವ
ಸಒದರರಗಳಲ ಪದನ ಮತನತ ಇಮದಲ ಮಮಲಕ
ಅಡರರ ಮಡನತತದದ ರನ. ಆರಮದಪತರನ ಪಪ ತ
ನ ಮಖಕವಗ ತಳಸನತತದದ ರನ. ಕಲವ
ಆಡರರಗಳನನ
ಸಒದರರಗಳಲ ಲಖತವಗ ನದಡನತತದದ ರನ ಆದರ
ಟ ಪರದರಸ ಆಡರರ ಲಖತವಗ ನದಡದದ ರನ
ಎಷನ
ದಖಲ ಪರಶದಲಸ ಹದಳಬದಕನ. ಆರಮದಪತರನ
ಇಮದಲ ಮನಮಲಕ ಪರದರಸಆಡರರ ನದಡದಲ
ಆ ಬಗಗ ನಮಮ ಲ ಯವದದ ರಜಸಟ ರ ನವರಹಣ
ಮಡನತತರ ಲಲಲ , ವಸನತ ವನ ಅಒತಮ ಬಲ ಮತನತ
ಅಳತ ಯವದದ ದಖಲಗಳಲ ನಮಮದನ
ಮಡಕಮಳನತತರ ಲಲಲ . ಅರಮದಪ ತರನ
ಮಖಕವಗ ನದಡದ ಆದದಶಕಕ ಸಒಬಒಧ ಪಟಟ ಒತ
ಕ ಇನನಸ ಹಮರತನಪಡಸ ಬದರ ಯವದದ
ಟಕ
SCCH-22 39 C.C.No.4258,4366,4362,4375,4372,4363,4368,4367,
4374,4369, 4365,4373,4364,4371,4254, 4252, 4255,
4256, 4257,4631,4376,4370_2017
ದಖಲಗಳನನ
ನ ನವ ಟ ಕಮಒಡರನವದಲಲ .
ಇಟನ
ಅರಮದಪತರಒದ 81 ಲಕ ಬಕ ಬರಬದಕಗತನತ 81
ಲಕ ಬಲ ಬಳನವ ವಸನತ ಗಳನನ
ನ ಆರಮದಪತರಗ
ನದಡರನತತದ ನ.
81 ಲಕ ಕಕ ಸಒಬಒದಪಟಟ ಒತ ಇನನಸ ಗಳನನ
ನ
ನತಯ ಲಯಕಕ ಹಜರನಪಡಸದನ.
ಹಜರನಪಡಸರನವ ಇನನಸ ಗಳನನ
ನ ಹಮರತನ
ಪಡಸ ನನನ ಮತನತ ಆರಮದಪತರ ನಡನವನ
ವಟ ವಹರಕಕ ಸಒಬಒದಪಟಟ ಒತ ಬಕ ಬರಬದಕದ
ಹಣದ ಬಗಗ ಯವದದ ಇನನಸ ಇಲಲ . ಸದರ
ಪ ಪ ಕರಣಗಳಲ ಹಜರನ ಪಡಸಲದ ಇನನಸ ಗಳನನ
ನ
ಹಮರತನಪಡಸ ಬದರ ಯವದದ ಇನನಸ ಗಳಲಲ
ಮತನತ ಆರಮದಪತರಒದ ಬದರ ಯವದದ ಹಣ
ಬಕ ಇಲಲ . ಪತಬ ಪಕ ಜಮತ 3 ಇನನಸ ಗಳನನ
ನ
ಕ ಇನನಸ
ವಹನದ ಜಮತ ಕಳನಹಸನತದವ. ಟಕ
ನ ಮದಲ ಆರಮದಪತರ ಕಒಪನಯ ಸದಲ ಮತನತ
ಸಹ ಮಡನತತದದ ರನ ಎಒದರ ಸರ. ಅದರ ಪ ಪ ತ
ವಪಸ ನಮಗ ಬರನತತತತನ ಹಜರನ ಪಡಸದನ.
ಕ
ನನನ ಹಜರನ ಪಡಸರನವ ಟಕ ಇನನಸ
ಮದಲ ಆರಮದಪ ಕಒಪನಯ ಸದಲ ಮತನತ ಸಹ
ಇಲಲ . ಆ ಇನನಸ ನ ಮಮಲ ಪ ಪ ತ ಆರಮದಪತರಗ
ದ ಅದರ ಕಬರನ ಪ ಪ ತ ನಮ
ನದಡದನ ಮ ಬಳ ಇರನತತದ .
ಮಟದರಯಲ ಸರಬರಜನ ಆದ 90 ದನಗಳ
ನಒತರ ಅದರ ಬಲಗ ಸಒಬಒದಪಟಟ ರಕ
SCCH-22 40 C.C.No.4258,4366,4362,4375,4372,4363,4368,4367,
4374,4369, 4365,4373,4364,4371,4254, 4252, 4255,
4256, 4257,4631,4376,4370_2017
ನದಡನತತದದ ರನ. ಆರಮದಪತರಮಒದಗ ಜನಲಕ 2015
ರಒದ ಆಕಮಟಬ ರ 2015 ರವರಗ ಸದರ ವತ ವಹರ
ಮಡರನತತದ ನ. ಆ ರಕ ಗಳ ಮದಲ ಆರಮದಪತರ
ವರನದದ ಯವದದ ಕನಮನನ ಕ ಕ ಮ ಕಕಗಮಒಡಲಲ
ಎಒದರ ಸರ. ಈ ಹಒದ ಆರಮದಪತರನ
ನತಯ ಲಯದ ಮನಒದ ಹಜರನ ಪಡಸರನವ
ಇನನಸ ನಲ ನಮಮದಸಲದ ಮತತಕ ಕ
ಸಒಬಒದಸದಒತ ರಕ ನದಡದದ ರನ ಎಒದರ ಸರ".
53. The admission of PW.1 itself clearly establishes that the
accused have also issued cheques relating to the amount mentioned in
the invoices which are marked in these cases, such being the case the
cheques produced by them and the invoices produced are contrary to
each other as it is the burden on the complainant to prove the cheques
issued by them in relation to which transaction under which invoices,
but the complainant failed to discharge the same.
54. When the accused disputed the signatures of the
complainant on the invoices with respect to the items delivered. In
pursuance of the same have examined an expert as DW.1 and through
DW1 got marked Ex.D1 to 3 I.e,. authorization letter, requisition of
accused and report dated 15.12.2018 without seeking reference from
this court to obtain forensic expert but directly sought the opinion by
SCCH-22 41 C.C.No.4258,4366,4362,4375,4372,4363,4368,4367,
4374,4369, 4365,4373,4364,4371,4254, 4252, 4255,
4256, 4257,4631,4376,4370_2017
comparing the disputed signatures with admitted signatures and
opinion also given that they are different but according to complainant
Section 73 of Evidence Act enable the court to compare the signatures
and having jurisdiction but though Court is an expert of expert but
should not take risk and Section 73 though empowers but it is settled
position of law that the burden always on the person who asserts.
55. Further even though there is dispute in respect of signatures
on delivery note but in the existence of specific admissions of PW.1
that accused persons have issued cheques earlier in relation to the
invoices produced before the court and at this stage it is also relevant to
mention the same that;
"ಈ ಹಒದ ಆರಮದಪತರನ ನತಯ ಲಯದ
ಮನಒದ ಹಜರನಪಡಸರನವ ಇನನಸ ನಲ
ನಮಮದಸಲದ ಮತತಕ ಕ ಸಒಬಒಧಸದಒತ ರಕ
ನದಡದದ ರನ ಎಒದರ ಸರ".
56. PW.1 also admitted that they have not sought for issuance of
cheques from the accused and cheques issued by the accused on
different dates and in respect of invoices clearance they used to give
cheques by mentioning the amount as per their economic capacity and
no legal action taken against them in relation to those cheques. Such
SCCH-22 42 C.C.No.4258,4366,4362,4375,4372,4363,4368,4367,
4374,4369, 4365,4373,4364,4371,4254, 4252, 4255,
4256, 4257,4631,4376,4370_2017
being the thing complainant has to establish in respect of which
invoices which cheques have been issued.
57. The complainant in order to prove the transaction though
produced and got marked Ex.P29 and 47 but Ex.P28 is a ledger extract
and as per Ex.P28 as on 06.09.2016 Rs. 20,24,982/- is out standing and
in support of Ex.P28 got produced Ex.P49 i.e., debit note, but on
perusal of Ex.P49 it does not contain the signatures of accused but only
containing the signature of complainant, moreover PW.1 admitted
during cross examination that invoices are produced wherein cheques
issued earlier to invoices and in respect of the same no action taken and
there is no any outstanding balance from the accused persons except 81
lakhs wherein Rs.20,24,982 being the difference in rate. These are not
been properly explained.
58. Further as per Ex.P46 if at all confirmation signed by the
accused definitely there should have been mentioning about invoices
therefore complainant failed to prove Ex.P46 also.
59. It is the contention of complainant Counsel that the
complainant proved the ingredients of 138 of NI Act and accused have
failed to rebut the presumption as provided under Section 139 of
SCCH-22 43 C.C.No.4258,4366,4362,4375,4372,4363,4368,4367,
4374,4369, 4365,4373,4364,4371,4254, 4252, 4255,
4256, 4257,4631,4376,4370_2017
NIAct and failed to step in to the witness box and failed to adduce
defence evidence.
60. In this regard it is settled position of law that accused need
not enter in to the witness box, even can rebut on the materials
produced by the complainant and in respect of the said position of law
the principle laid down in Crl. Appeal No.1028/2010 of the Hon'ble
High Court of Karnataka between Shriram Transport Finance Co. Ltd.,
Vs Smt. Asamabi Shabhan is aptly applicable wherein it clearly held at
para 17 and at this stage it is relevant to mention the same that;
"Further a sum of Rs.13,740/-
added towards the liability under the
expenses head as "RTO expenses" in the
same statement of accounts at Ex.P11 also
could not be explained by PW.1 in his
cross-examination. He could not give any
details as to how the specific figure was
arrived at in the said statement of
accounts. Thus the accused without even
entering in to witness box and without
even examining any evidence from her
side could be able to check the credibility
of the evidence of PW.1 with respect to
Ex.P11 and could be able to show that
Ex.P11 cannot be accepted as a true
account statement of the alleged
outstanding loan. Since the very cheque
amount which is at Rs.70,90,000/- is said
to have been issued on the basis of the
alleged outstanding amount shown in
SCCH-22 44 C.C.No.4258,4366,4362,4375,4372,4363,4368,4367,
4374,4369, 4365,4373,4364,4371,4254, 4252, 4255,
4256, 4257,4631,4376,4370_2017
Ex.P11 and in view of the fact that Ex.P11
itself is proved to be not safe to accept as
a true amount extract, then, it is highly
doubtful as to the existence of the
outstanding liability to an extent of
Rs.7,90,000/-(cheque amount) from the
accused towards the complainant as on
the date of the presentation of the cheque.
Therefore the defence of the accused that
there existed no legally enforceable debt
equivalent to the cheque amount as on
the date of presentation of the cheque
gains more reasons to believe and accept,
than believing the version of the
complainant that the cheque amount was
the outstanding liability from the
accused.
61. So for as in relation to the contention of complainant that
accused not rebutted the presumptions provided under Section 139 of
NI Act. In this aspect, the Apex Court in Rangappa Vs Mohan Crl.
Appeal 1020/2010 SCC held and at this stage it is relevant to mention
that ;
"An accused has to rebut the
presumption under Section 139, the
standard of proof for doing so is that of
preponderance of probabilities if an
accused is able to raise a probable
defence which creates doubt about the
existence of a legally enforceable debt or
liability the prosecution fail"
62. By reading the above, it is very clear that accused can rely
SCCH-22 45 C.C.No.4258,4366,4362,4375,4372,4363,4368,4367,
4374,4369, 4365,4373,4364,4371,4254, 4252, 4255,
4256, 4257,4631,4376,4370_2017
on the materials submitted by the complainant in order to raise such a
defence and it is conceivable that the accused need not to adduce
evidence.
63. On perusal of oral as well as documentary evidence and the
admission of PW.1 which clearly establishes that the complainant not
specifically pleaded. The complainant claiming in respect of issuance
of cheques received earlier to invoices which also been admitted by
PW.1 and the said admission itself probalises the case of accused
persons rather the case of complainant.
64. No doubt accused have not disputed the issuance of cheques
and also not disputing the signatures found therein but it is their
contention that the cheques issued as a security and PW.1 specifically
admitted that the accused persons are not liable to pay any balance
under invoices where the cheques in respect of invoices already issued
by them, and no action taken in respect of the same against them such
being the case under Section 139 of NI Act presumption with regard to
the issuance of cheque for discharge of any debt or other liability
which raised in favour of the complainant. But it does not extend to the
existence of a legally enforceable debt or liability and the same stand
SCCH-22 46 C.C.No.4258,4366,4362,4375,4372,4363,4368,4367,
4374,4369, 4365,4373,4364,4371,4254, 4252, 4255,
4256, 4257,4631,4376,4370_2017
in this case, keeping in mind the discrepancies in the complainants
version. Since the complainant does not conclusively show whether
the debt under invoices was owed to by the accused and towards
discharge of the same got issued cheques as such the burden heavily on
the complainant to prove the existence of a legally enforceable debt or
liability, which has not been proved by the complainant.
65. On the contra during cross-examination PW.1 admitted the
defence raised by the accused, such being the thing complainant has to
prove that the cheques were issued in discharge of the debt mentioned,
outstanding under invoices.
66. Even though the position of law which emerges that once
execution of the cheque is admitted, the presumption under Section
118(a) would arise, as such the presumption which is also rebuttable
one.
67. In the present case, the defence raised by the accused
persons, which is a probable defence, when they have proved and
discharged the initial onus of proof showing that the existence of
consideration was improbable or doubtful or the same was illegal, as
such in the existence of admissions of PW.1 and invoices and
SCCH-22 47 C.C.No.4258,4366,4362,4375,4372,4363,4368,4367,
4374,4369, 4365,4373,4364,4371,4254, 4252, 4255,
4256, 4257,4631,4376,4370_2017
complaint averments which are contrary, the onus shifts to the
complainant who will be obliged to prove it as a matter of fact. But the
complainant failed to prove as such, consideration as contended by the
complainant do not exist.
68. In the instant case, it is evident that though cheques appears
to have been issued by the accused persons, but they have admitted the
circumstances under which the complainant holds the instruments in
due course of business and how it became holder of the cheques. On
the contra the complainant fails to prove the circumstances under
which it holds the same that to in the existence of admission of PW.1,
in respect of issuance of cheques and as raised by accused persons that
only as a security, as such complainant cannot be the holder in due
course unless establish that the cheques have been issued in its favour
in the existence of specific admission of PW.1 during cross-
examination and failed to prove by adducing any evidence what so
ever worthy.
69. Further the accused persons not disputing the service of
notice. Even though they failed to reply and though the defence raised
by them belatedly that to during cross-examination and though 139 of
SCCH-22 48 C.C.No.4258,4366,4362,4375,4372,4363,4368,4367,
4374,4369, 4365,4373,4364,4371,4254, 4252, 4255,
4256, 4257,4631,4376,4370_2017
NI Act which mandates presumption which is not a general but when
the accused persons have rebutted the case on the materials produced
by the complainant accordingly I have no reason to disbelieve the
defence raised by them and though complainant established the
ingredients of 138(a) to (e) of NI Act but in the existence of probable
defence of the accused persons which has been admitted by the
complainant accordingly complainant failed to prove its case by
producing cogent, clear and conclusive evidence. On the contra the
accused have rebutted the case of complainant by raising the defence
which is probable. Hence, I answer the point in all the cases in the
Negative.
70. POINT No.2: In view of the above discussion, I proceed
to pass the following:
OR D E R
The accused in CC No.
4366/2017, 4362/2017, 4375/2017,
4372/2017, 4363/2017, 4368/2017,
4367/2017, 4374/2017, 4369/2017,
4365/2017, 4373/2017, 4364/2017,
4371/2017 are hereby acquitted for
the offence punishable under section
138 of the N.I.Act by acting U/ sec.
255 (1) of Cr.P.C.
SCCH-22 49 C.C.No.4258,4366,4362,4375,4372,4363,4368,4367,
4374,4369, 4365,4373,4364,4371,4254, 4252, 4255,
4256, 4257,4631,4376,4370_2017
The bail bond and surety bond of
the accused persons shall stand
cancelled.
Keep the original copy of Judgment
in CC No.4258/2017 and copies of
the same in other cases.
:: ORDER ::
The accused in CC No. 4254/2017, 4255/2017, 4256/2017, 4257/2017 are hereby acquitted for the offence punishable under section 138 of the N.I.Act by acting U/ sec. 255 (1) of Cr.P.C.
The bail bond and surety bond of the accused persons shall stand cancelled.
Keep the original copy of Judgment in CC No.4252/2017 and copies of the same in other cases.
:: ORDER ::
The accused in CC No. 4376/2017, 4370/2017 are hereby acquitted for the offence punishable under section 138 of the N.I.Act by acting U/ sec. 255 (1) of Cr.P.C.
The bail bond and surety bond of the accused persons shall stand cancelled.
SCCH-22 50 C.C.No.4258,4366,4362,4375,4372,4363,4368,4367,4374,4369, 4365,4373,4364,4371,4254, 4252, 4255, 4256, 4257,4631,4376,4370_2017 Keep the original copy of Judgment in CC No.4361/2017 and copies of the same in other cases.
(Dictated to the stenographer, transcribed by her, corrected by me and then pronounced in the open court on this the 04 th day of February 2021.) (SHAKUNTHALA.S) XX A.S.C.J. & A.C.M.M., Bengaluru.
:: ANNEXURE ::
List of witnesses examined on behalf of the complainant:
P.W.1 - Sri. Meetesh Bhandari List of witnesses examined on behalf of the accused:
DW.1 - Sri Devi Dhakshinamurthy List of documents marked in CC No. 4371/2017 on behalf of the complainant:
Ex.P.1 - Certified copy of the registered partnership deed
Ex.P.2 - Authorization Letter
Ex.P.3 - Cheque
Ex.P.3(a) - Signature of 4th accused
Ex.P.3(b) - Signature of 6th accused
Ex.P.4 - Bank Endorsement
Ex.P.5 - Legal notice
Ex.P.6 to16 - 11 Postal receipts
Ex.P.17 to 27 - 11 Postal Acknowledgements
Ex.P.28 - Certified copy of Ledger account extract
Ex.P.29 Certified copy of Confirmation Letter
Ex.P.30 to 36 - Certified copy of 7 Tax Invoices
Ex.P.37 to 43 - Certified copy of 7 Delivery Notes
Ex.P.44 - Certified copy of Debit note
SCCH-22 51 C.C.No.4258,4366,4362,4375,4372,4363,4368,4367,
4374,4369, 4365,4373,4364,4371,4254, 4252, 4255, 4256, 4257,4631,4376,4370_2017 Ex.P.45 - Certified copy of Form 32 Ex.P.46 - Certified copy of Form 1 List of documents marked on behalf of the accused:
Ex.D.1 - True copy of authorization Letter Ex.D.2 - True copy of Requisition given by the accused Ex.D.3 - True copy of Report Ex.D.3 a to j - Signatures.
List of documents marked in CC No. 4258 /2017 on behalf of the complainant:
Ex.P.1 - Certified copy of the registered partnership deed Ex.P.2 - Authorization Letter Ex.P.3 - Cheque Ex.P.3(a) - Signature of 4th accused Ex.P.3(b) - Signature of 6th accused Ex.P.4 - Bank Endorsement Ex.P.5 - Legal notice Ex.P.6 to16 - 11 Postal receipts Ex.P.17 to 27 - 11 Postal Acknowledgements Ex.P.28 - Certified copy of Ledger account extract Ex.P.29 to 37- 9 Tax Invoices Ex.P.38 to 43 - Certified copy of 7 Delivery Notes Ex.P.44 - Certified copy of Form 32 Ex.P.45 - Certified copy of incorporation certificate Ex.P.46 - Certified copy of Ledger account Ex.P.47 - Tax Invoice Ex.P.48 - Certified copy of Delivery Notes Ex.P.49 - Certified copy of Debit note
List of documents marked on behalf of the accused:
Ex.D.1 - True copy of authorization Letter
Ex.D.2 - True copy of Requisition given by the accused
Ex.D.3 - True copy of Report
Ex.D.3 a to j - Signatures.
SCCH-22 52 C.C.No.4258,4366,4362,4375,4372,4363,4368,4367,
4374,4369, 4365,4373,4364,4371,4254, 4252, 4255, 4256, 4257,4631,4376,4370_2017 List of documents marked in CC No. 4374 /2017 on behalf of the complainant:
Ex.P.1 - Certified copy of the registered partnership deed Ex.P.2 - Authorization Letter Ex.P.3 - Cheque Ex.P.3(a) - Signature of 4th accused Ex.P.3(b) - Signature of 6th accused Ex.P.4 - Bank Endorsement Ex.P.5 - Legal notice Ex.P.6 to16 - 11 Postal receipts Ex.P.17 to 26 - 10 Postal Acknowledgements Ex.P.27 - Postal Track consignment Ex.P.28 - Certified copy of Statement of account Ex.P.29 - Certified copy of confirmation account Ex.P.30-36 - Certified copy of 7 Tax invoices Ex.P.37-43 - Certified copy of 7 Delivery notes Ex.P.44 - Certified copy of Debit note Ex.P.45 - Certified copy of Form 32 Ex.P.46 - Certified copy of certificate of incorporation
List of documents marked on behalf of the accused:
Ex.D.1 - True copy of authorization Letter Ex.D.2 - True copy of Requisition given by the accused Ex.D.3 - True copy of Report Ex.D.3 a to j - Signatures.
List of documents marked in CC No. 4367 /2017 on behalf of the complainant:
Ex.P.1 - Certified copy of the registered partnership deed
Ex.P.2 - Authorization Letter
Ex.P.3 - Cheque
Ex.P.3(a) - Signature of 4th accused
Ex.P.3(b) - Signature of 6th accused
Ex.P.4 - Bank Endorsement
Ex.P.5 - Legal notice
SCCH-22 53 C.C.No.4258,4366,4362,4375,4372,4363,4368,4367,
4374,4369, 4365,4373,4364,4371,4254, 4252, 4255, 4256, 4257,4631,4376,4370_2017 Ex.P.6 to16 - 11 Postal receipts Ex.P.17 to 26 - 10 Postal Acknowledgements Ex.P.27 - Postal track consignment Ex.P.28 - Certified copy of Ledger account Ex.P.29 - Certified copy of confirmation accounts Ex.P.30-36 - Certified copy of 7 Tax Invoices Ex.P.37-43 - Certified copy of 7 Delivery notes Ex.P44 - Certified copy of Debit Note Ex.P.45 - Certified copy of Form 32 Ex.P46 - Certified copy of certificate of incorporation List of documents marked on behalf of the accused:
Ex.D.1 - True copy of authorization Letter Ex.D.2 - True copy of Requisition given by the accused Ex.D.3 - True copy of Report Ex.D.3 a to j - Signatures.
List of documents marked in CC No. 4373 /2017 on behalf of the complainant:
Ex.P.1 - Certified copy of the registered partnership deed
Ex.P.2 - Authorization Letter
Ex.P.3 - Cheque
Ex.P.3(a) - Signature of 4th accused
Ex.P.3(b) - Signature of 6th accused
Ex.P.4 - Bank Endorsement
Ex.P.5 - Legal notice
Ex.P.6 to 16 - 11 Postal receipts
Ex.P.17 to 27 - 11 Postal Acknowledgements
Ex.P.28 - Certified copy of Statement of account
Ex.P.29 - Certified copy of confirmation accounts
Ex.P.30-36 - Certified copy of 7 Tax Invoices
Ex.P.37-43 - Certified copy of 7 Delivery notes
Ex.P.44 - Certified copy of Debit notes
Ex.P45 - Certified copy of Form32
Ex.P46 - Certified copy of certificate of incorporation
SCCH-22 54 C.C.No.4258,4366,4362,4375,4372,4363,4368,4367,
4374,4369, 4365,4373,4364,4371,4254, 4252, 4255, 4256, 4257,4631,4376,4370_2017 List of documents marked on behalf of the accused:
Ex.D.1 - True copy of authorization Letter Ex.D.2 - True copy of Requisition given by the accused Ex.D.3 - True copy of Report Ex.D.3 a to j - Signatures.
List of documents marked in CC No. 4366 /2017 on behalf of the complainant:
Ex.P.1 - Certified copy of the registered partnership deed Ex.P.2 - Authorization Letter Ex.P.3 - Cheque Ex.P.3(a) - Signature of 4th accused Ex.P.3(b) - Signature of 6th accused Ex.P.4 - Bank Endorsement Ex.P.5 - Legal notice Ex.P.6 -16 - 11 Postal receipts Ex.P.17 to 26 - 10 Postal Acknowledgements Ex.P.27 - Postal track consignment Ex.P.28 - Certified copy of Ledger extract Ex.P.29 - Certified copy of Confirmation of accounts Ex.P.30-36 - Certified copy of 7 Tax Invoices Ex.P37-43 - Certified copy of 7 Delivery Note Ex.P44 - Certified copy of Debit notes Ex.P45 - Certified copy of Form 32 Ex.P46 - Certified copy of certificate of incorporation
List of documents marked on behalf of the accused:
Ex.D.1 - True copy of authorization Letter Ex.D.2 - True copy of Requisition given by the accused Ex.D.3 - True copy of Report Ex.D.3 a to j - Signatures.
List of documents marked in CC No. 4362 /2017 on behalf of the complainant:
Ex.P.1 - Certified copy of the registered partnership deed SCCH-22 55 C.C.No.4258,4366,4362,4375,4372,4363,4368,4367, 4374,4369, 4365,4373,4364,4371,4254, 4252, 4255, 4256, 4257,4631,4376,4370_2017 Ex.P.2 - Authorization Letter Ex.P.3 - Cheque Ex.P.3(a) - Signature of 4th accused Ex.P.3(b) - Signature of 6th accused Ex.P.4 - Bank Endorsement Ex.P.5 - Legal notice Ex.P.6 -16 - 11 Postal receipts Ex.P.17 to 27 - 11 Postal Acknowledgements Ex.P.28 - Certified copy of Ledger extract Ex.P.29 - Certified copy of Confirmation of accounts Ex.P.30-36 - Certified copy of 7 Tax Invoices Ex.P37 - 43 - Certified copy of 7 Delivery notes Ex.P44 - Certified copy of Debit notes Ex.P45 - Certified copy of Form 32 Ex.P46 - Certified copy of Form 1 List of documents marked on behalf of the accused:
Ex.D.1 - True copy of authorization Letter Ex.D.2 - True copy of Requisition given by the accused Ex.D.3 - True copy of Report Ex.D.3 a to j - Signatures.
List of documents marked in CC No. 4365 /2017 on behalf of the complainant:
Ex.P.1 - Certified copy of the registered partnership deed
Ex.P.2 - Authorization Letter
Ex.P.3 - Cheque
Ex.P.3(a) - Signature of 4th accused
Ex.P.3(b) - Signature of 6th accused
Ex.P.4 - Bank Endorsement
Ex.P.5 - Legal notice
Ex.P.6 -16 - 11 Postal receipts
Ex.P.17 to 27 - 11 Postal Acknowledgements
Ex.P.28 - Certified copy of Ledger extract
Ex.P.29 - Certified copy of Confirmation of accounts
Ex.P.30-36 - Certified copy of 7 Tax Invoices
SCCH-22 56 C.C.No.4258,4366,4362,4375,4372,4363,4368,4367,
4374,4369, 4365,4373,4364,4371,4254, 4252, 4255, 4256, 4257,4631,4376,4370_2017 Ex.P37 - 43 - Certified copy of 7 Delivery notes Ex.P44 Certified copy of Debit notes Ex.P45 - Certified copy of Form 32 Ex.P46 - Certified copy of certificate of incorporation List of documents marked on behalf of the accused:
Ex.D.1 - True copy of authorization Letter Ex.D.2 - True copy of Requisition given by the accused Ex.D.3 - True copy of Report Ex.D.3 a to j - Signatures.
List of documents marked in CC No. 4372 /2017 on behalf of the complainant:
Ex.P.1 - Certified copy of the registered partnership deed Ex.P.2 - Authorization Letter Ex.P.3 - Cheque Ex.P.3(a) - Signature of 4th accused Ex.P.3(b) - Signature of 6th accused Ex.P.4 - Bank Endorsement Ex.P.5 - Legal notice Ex.P.6 -16 - 11 Postal receipts Ex.P.17 to 27 - 11 Postal Acknowledgements Ex.P.28 - Certified copy of Statement of account Ex.P.29 - Certified copy of Confirmation of accounts Ex.P.30-36 - Certified copy of 7 Tax Invoices Ex.P37 - 43 - Certified copy of 7 Delivery notes Ex.P 44 - Certified copy of Debit notes Ex.P45 - Certified copy of Form 32 Ex.P46 - Certified copy of certificate of incorporation
List of documents marked on behalf of the accused:
Ex.D.1 - True copy of authorization Letter
Ex.D.2 - True copy of Requisition given by the accused
Ex.D.3 - True copy of Report
Ex.D.3 a to j - Signatures.
SCCH-22 57 C.C.No.4258,4366,4362,4375,4372,4363,4368,4367,
4374,4369, 4365,4373,4364,4371,4254, 4252, 4255, 4256, 4257,4631,4376,4370_2017 List of documents marked in CC No. 4375 /2017 on behalf of the complainant:
Ex.P.1 - Certified copy of the registered partnership deed Ex.P.2 - Authorization Letter Ex.P.3 - Cheque Ex.P.3(a) - Signature of 4th accused Ex.P.3(b) - Signature of 6th accused Ex.P.4 - Bank Endorsement Ex.P.5 - Legal notice Ex.P.6 -16 - 11 Postal receipts Ex.P.17 to 27 - 11 Postal Acknowledgements Ex.P.28 - Certified copy of Ledger extract Ex.P.29 - Certified copy of Confirmation of accounts Ex.P.30-36 - Certified copy of 7 Tax Invoices Ex.P37 - 43 - Certified copy of 7 Debit notes Ex.P 44 - Certified copy of Debit notes Ex.P45 - Certified copy of Form 32 Ex.P46 - Certified copy of certificate of incorporation
List of documents marked on behalf of the accused:
Ex.D.1 - True copy of authorization Letter Ex.D.2 - True copy of Requisition given by the accused Ex.D.3 - True copy of Report Ex.D.3 a to j - Signatures.
List of documents marked in CC No. 4368 /2017 on behalf of the complainant:
Ex.P.1 - Certified copy of the registered partnership deed
Ex.P.2 - Authorization Letter
Ex.P.3 - Cheque
Ex.P.3(a) - Signature of 4th accused
Ex.P.3(b) - Signature of 6th accused
Ex.P.4 - Bank Endorsement
Ex.P.5 - Legal notice
Ex.P.6 -16 - 11 Postal receipts
Ex.P.17 to 27 - 11 Postal Acknowledgements
Ex.P.28 - Certified copy of Statement of account
SCCH-22 58 C.C.No.4258,4366,4362,4375,4372,4363,4368,4367,
4374,4369, 4365,4373,4364,4371,4254, 4252, 4255, 4256, 4257,4631,4376,4370_2017 Ex.P.29 - Certified copy of Confirmation of accounts Ex.P.30-36 - Certified copy of 7 Tax Invoices Ex.P37 - 43 - Certified copy of 7 Delivery notes Ex.P.44 - Certified copy of Debit notes Ex.P45 - Certified copy of Form 32 Ex.P46 - Certified copy of certificate of incorporation List of documents marked on behalf of the accused:
Ex.D.1 - True copy of authorization Letter Ex.D.2 - True copy of Requisition given by the accused Ex.D.3 - True copy of Report Ex.D.3 a to j - Signatures.
List of documents marked in CC No. 4369 /2017 on behalf of the complainant:
Ex.P.1 - Certified copy of the registered partnership deed Ex.P.2 - Authorization Letter Ex.P.3 - Cheque Ex.P.3(a) - Signature of 4th accused Ex.P.3(b) - Signature of 6th accused Ex.P.4 - Bank Endorsement Ex.P.5 - Legal notice Ex.P.6 -16 - 11 Postal receipts Ex.P.17 to 26 - 10 Postal Acknowledgements Ex.P27 - Postal Track consignment Ex.P.28 - Certified copy of Ledger extract Ex.P.29 - Certified copy of Confirmation of accounts Ex.P.30-36 - Certified copy of 7 Tax Invoices Ex.P37 - 43 - Certified copy of 7 Delivery notes Ex.P44 - Certified copy of Debit notes Ex.P45 - Certified copy of Form 32 Ex.P46 - Certified copy of certificate of incorporation
List of documents marked on behalf of the accused:
Ex.D.1 - True copy of authorization Letter
Ex.D.2 - True copy of Requisition given by the accused
Ex.D.3 - True copy of Report
SCCH-22 59 C.C.No.4258,4366,4362,4375,4372,4363,4368,4367,
4374,4369, 4365,4373,4364,4371,4254, 4252, 4255, 4256, 4257,4631,4376,4370_2017 Ex.D.3 a to j - Signatures.
List of documents marked in CC No. 4363 /2017 on behalf of the complainant:
Ex.P.1 - Certified copy of the registered partnership deed Ex.P.2 - Authorization Letter Ex.P.3 - Cheque Ex.P.3(a) - Signature of 4th accused Ex.P.3(b) - Signature of 6th accused Ex.P.4 - Bank Endorsement Ex.P.5 - Legal notice Ex.P.6 -16 - 11 Postal receipts Ex.P.17 to 27 - 11 Postal Acknowledgements Ex.P.28 - Certified copy of Ledger extract Ex.P.29 - Certified copy of Confirmation of accounts Ex.P.30-36 - Certified copy of 7 Tax Invoices Ex.P37 - 43 - Certified copy of 7 Delivery notes Ex.P.44 - Certified copy of Debit notes Ex.P45 - Certified copy of Form 32 Ex.P46 - Certified copy of certificate of incorporation
List of documents marked on behalf of the accused:
Ex.D.1 - True copy of authorization Letter Ex.D.2 - True copy of Requisition given by the accused Ex.D.3 - True copy of Report Ex.D.3 a to j - Signatures.
List of documents marked in CC No. 4364 /2017 on behalf of the complainant:
Ex.P.1 - Certified copy of the registered partnership deed
Ex.P.2 - Authorization Letter
Ex.P.3 - Cheque
Ex.P.3(a) - Signature of 4th accused
Ex.P.3(b) - Signature of 6th accused
Ex.P.4 - Bank Endorsement
SCCH-22 60 C.C.No.4258,4366,4362,4375,4372,4363,4368,4367,
4374,4369, 4365,4373,4364,4371,4254, 4252, 4255, 4256, 4257,4631,4376,4370_2017 Ex.P.5 - Legal notice Ex.P.6 -16 - 11 Postal receipts Ex.P.17 to 27 - 11 Postal Acknowledgements Ex.P.28 - Certified copy of Ledger extract Ex.P.29 - Certified copy of Confirmation of accounts Ex.P.30-36 - Certified copy of 7 Tax Invoices Ex.P37 - 43 - Certified copy of 7 Delivery notes Ex.P44 - Certified copy of Debit notes Ex.P45 - Certified copy of Form 32 Ex.P46 - Certified copy of certificate of incorporation List of documents marked on behalf of the accused:
Ex.D.1 - True copy of authorization Letter Ex.D.2 - True copy of Requisition given by the accused Ex.D.3 - True copy of Report Ex.D.3 a to j - Signatures.
List of documents marked in CC No. 4361 /2017 on behalf of the complainant:
Ex.P.1 - Authorization Letter Ex.P.2 - Cheque Ex.P.2(a) - Signature of 4th accused Ex.P.2(b) - Signature of 6th accused Ex.P.3 &4 - Bank Endorsements Ex.P.5 - Legal notice Ex.P.6 -18 - 13 Postal receipts Ex.P.19 to 31 - 13 Postal Acknowledgements Ex.P.32 - Certified copy of the registered partnership deed Ex.P.33 - Certified copy of Ledger account extract Ex.P.34 - Certified copy of Confirmation of accounts Ex.P35 - 37 - 3 Tax Invoices Ex.P38- 40 - Certified copy 3 Debit Notes
List of documents marked on behalf of the accused: Ex.D.1 - True copy of authorization Letter Ex.D.2 - True copy of Requisition given by the accused SCCH-22 61 C.C.No.4258,4366,4362,4375,4372,4363,4368,4367, 4374,4369, 4365,4373,4364,4371,4254, 4252, 4255, 4256, 4257,4631,4376,4370_2017 Ex.D.3 - True copy of Report Ex.D.3 a to j - Signatures.
List of documents marked in CC No. 4376 /2017 on behalf of the complainant:
Ex.P.1 - Authorization Letter Ex.P.2 - Cheque Ex.P.2(a) - Signature of 4th accused Ex.P.2(b) - Signature of 6th accused Ex.P.3 &4 - Bank Endorsements Ex.P.5 - Legal notice Ex.P.6 -18 - 13 Postal receipts Ex.P.19 to 31 - 13 Postal Acknowledgements Ex.P.32 - Certified copy of the registered partnership deed Ex.P.33 - Certified copy of Ledger account extract Ex.P.34 - Certified copy of Confirmation of accounts Ex.P35 - 37 - Certified copy of 3 Tax Invoices Ex.P38- 40 - Certified copy 3 Delivery Notes
List of documents marked on behalf of the accused:
Ex.D.1 - True copy of authorization Letter Ex.D.2 - True copy of Requisition given by the accused Ex.D.3 - True copy of Report Ex.D.3 a to j - Signatures.
List of documents marked in CC No. 4370 /2017 on behalf of the complainant:
Ex.P.1 - Authorization Letter
Ex.P.2 - Cheque
Ex.P.2(a) - Signature of 4th accused
Ex.P.2(b) - Signature of 6th accused
Ex.P.3 &4 - Bank Endorsements
Ex.P.5 - Legal notice
Ex.P.6 -18 - 13 Postal receipts
SCCH-22 62 C.C.No.4258,4366,4362,4375,4372,4363,4368,4367,
4374,4369, 4365,4373,4364,4371,4254, 4252, 4255, 4256, 4257,4631,4376,4370_2017 Ex.P.19 to 30 - 12 Postal Acknowledgements Ex.P31 - Postal tract consignment Ex.P.32 - Certified copy of Ledger account extract Ex.P.33 - Certified copy of Confirmation of accounts Ex.P34 - 36 - Certified copy of 3 Tax Invoices Ex.P37- 39 - Certified copy 3 Delivery notes List of documents marked on behalf of the accused:
Ex.D.1 - True copy of authorization Letter Ex.D.2 - True copy of Requisition given by the accused Ex.D.3 - True copy of Report Ex.D.3 a to j - Signatures.
List of documents marked in CC No. 4252 /2017 on behalf of the complainant:
Ex.P.1 - Authorization Letter Ex.P.2 - Cheque Ex.P.2(a) - Signature of 4th accused Ex.P.2(b) - Signature of 6th accused Ex.P.3 &4 - Bank Endorsements Ex.P.5 - Legal notice Ex.P.6 -18 - 13 Postal receipts Ex.P.19 to 30 - 12 Postal Acknowledgements Ex.P31 - Certified copy of the registered partnership deed Ex.P.32 - Certified copy of Ledger account extract Ex.P.33 - Certified copy of Confirmation of accounts Ex.P34 - Certified copy of Debit note Ex.P35- 37 - 3 Tax Invoices Ex.P38 to 40 - 3 Delivery notes Ex.P41 - Postal track consignment
List of documents marked on behalf of the accused:
Ex.D.1 - True copy of authorization Letter
Ex.D.2 - True copy of Requisition given by the accused
Ex.D.3 - True copy of Report
Ex.D.3 a to j - Signatures.
SCCH-22 63 C.C.No.4258,4366,4362,4375,4372,4363,4368,4367,
4374,4369, 4365,4373,4364,4371,4254, 4252, 4255, 4256, 4257,4631,4376,4370_2017 List of documents marked in CC No. 4255 /2017 on behalf of the complainant:
Ex.P.1 - Authorization Letter Ex.P.2 - Cheque Ex.P.2(a) - Signature of 4th accused Ex.P.2(b) - Signature of 6th accused Ex.P.3 &4 - Bank Endorsements Ex.P.5 - Legal notice Ex.P.6 -18 - 13 Postal receipts Ex.P.19 to 31 - 13 Postal Acknowledgements Ex.P32 - Certified copy of the registered partnership deed Ex.P.33 - Certified copy of Ledger account extract Ex.P.34 - Certified copy of Confirmation of accounts Ex.P35 - Certified copy of Debit note Ex.P36- 38 - Certified copy 3 Tax Invoices Ex.P39 to 41 - Certified copy of 3 Delivery notes
List of documents marked on behalf of the accused:
Ex.D.1 - True copy of authorization Letter Ex.D.2 - True copy of Requisition given by the accused Ex.D.3 - True copy of Report Ex.D.3 a to j - Signatures.
List of documents marked in CC No. 4256 /2017 on behalf of the complainant:
Ex.P.1 - Authorization Letter
Ex.P.2 - Cheque
Ex.P.2(a) - Signature of 4th accused
Ex.P.2(b) - Signature of 6th accused
Ex.P.3 &4 - Bank Endorsements
Ex.P.5 - Legal notice
Ex.P.6 - 18 - 13 Postal receipts
Ex.P.19 to 30 - 12 Postal Acknowledgements
Ex.P31 Postal track consignment
Ex.P32 - Certified copy of the registered partnership deed
SCCH-22 64 C.C.No.4258,4366,4362,4375,4372,4363,4368,4367,
4374,4369, 4365,4373,4364,4371,4254, 4252, 4255, 4256, 4257,4631,4376,4370_2017 Ex.P.33 - Certified copy of Ledger account extract Ex.P.34 - Certified copy of Confirmation of accounts Ex.P35 - Certified copy of Debit note Ex.P36- 38 - Certified copy of 3 Tax Invoices Ex.P39 to 41 - Certified copy of 3 Delivery notes List of documents marked on behalf of the accused:
Ex.D.1 - True copy of authorization Letter Ex.D.2 - True copy of Requisition given by the accused Ex.D.3 - True copy of Report Ex.D.3 a to j - Signatures.
List of documents marked in CC No. 4257 /2017 on behalf of the complainant:
Ex.P.1 - Authorization Letter Ex.P.2 - Cheque Ex.P.2(a) - Signature of 4th accused Ex.P.2(b) - Signature of 6th accused Ex.P.3 &4 - Bank Endorsements Ex.P.5 - Legal notice Ex.P.6 - 18 - 13 Postal receipts Ex.P.19 to 30 - 12 Postal Acknowledgements Ex.P31 Postal track consignment Ex.P32 - Certified copy of the registered partnership deed Ex.P.33 - Certified copy of Ledger account extract Ex.P.34 - Certified copy of Confirmation of accounts Ex.P35 - Certified copy of Debit note Ex.P36- 41 - Certified copy 6 Tax Invoices Ex.P42 to 43 - Certified copy of 2 Delivery notes
List of documents marked on behalf of the accused:
Ex.D.1 - True copy of authorization Letter
Ex.D.2 - True copy of Requisition given by the accused
Ex.D.3 - True copy of Report
Ex.D.3 a to j - Signatures.
SCCH-22 65 C.C.No.4258,4366,4362,4375,4372,4363,4368,4367,
4374,4369, 4365,4373,4364,4371,4254, 4252, 4255, 4256, 4257,4631,4376,4370_2017 List of documents marked in CC No. 4254 /2017 on behalf of the complainant:
Ex.P.1 - Authorization Letter Ex.P.2 - Cheque Ex.P.2(a) - Signature of 4th accused Ex.P.2(b) - Signature of 6th accused Ex.P.3 &4 - Bank Endorsements Ex.P.5 - Legal notice Ex.P.6 - 18 - 13 Postal receipts Ex.P.19 to 31 - 13 Postal Acknowledgements Ex.P32 - Certified copy of the registered partnership deed Ex.P.33 - Certified copy of Ledger account extract Ex.P.34 - Certified copy of Confirmation of accounts Ex.P35 - Certified copy of Debit note Ex.P36- 38 - Certified copy 3 Tax Invoices Ex.P39 to 41 - Certified copy of 3 Delivery notes
List of documents marked on behalf of the accused:
Ex.D.1 - True copy of authorization Letter
Ex.D.2 - True copy of Requisition given by the accused
Ex.D.3 - True copy of Report
Ex.D.3 a to j - Signatures.
(SHAKUNTHALA.S.)
XX A.S.C.J. & A.C.M.M.,
BENGALURU.