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Showing contexts for: track consignment in M/S Vaishnavi Souharda Credit ... vs Vijay D.N on 25 November, 2025Matching Fragments
Point No.3 : As per final order, for the following:
REASONS
10. POINT NO.1 and 2 : These points are inter-linked with each other, to avoid repetition of facts and circumstances they are taken together for common discussion.
11. To substantiate the case against accused, the complainant relied on documents which were marked as Ex.P1 to
29. The PW-1 who is authorized person of complainant society reiterated the averments of complaint in his evidence. The Ex.P1 is cheque. Ex.P2 is memo issued by the banker. It shows that when complainant presented the Ex.P1 cheque for realization, it was dishonored on 22.02.2023 for the reason funds insufficient. Ex.P3 KABC030455522023 is office copy of the legal notice. Ex.P4 is postal receipt. Ex.P5 is postal acknowledgment. Ex.P6 is postal track consignment. These documents show that complainant issued notice to the accused on 03.03.2023 i.e., within 30 days from the date of dishonor of cheque by calling upon him to pay cheque amount within 15 days. Despite service of notice, the accused had not paid the amount of cheque to the complainant within 15 days and also not issued reply notice. Ex.P7 is office copy of the legal notice. Ex.P8 to 10 are postal receipts. Ex.P11 and 12 are postal acknowledgments. Ex.P13 is office copy of the legal notice. Ex.P14 to 16 are postal receipts. Ex.P17 and 18 are postal acknowledgments. Ex.P19 is loan application. Ex.P20 is loan agreement. Ex.P21 is salary deduction authorization. Ex.P22 is on demand pro-note. Ex.P23 is authorization letter. Ex.P24 is Resolution. Ex.P25 is letter issued by the accused. Ex.P26 is statement of account. Ex.P27 and 28 are loan notices and Ex.P29 is Certificate U/Sec.65-B of Indian Evidence Act. The evidence and documents clearly indicate that the complainant complied the ingredients to constitute an offence punishable under Section 138 of N.I.Act.
21. The counsel for complainant contended that in Ex.P19 loan application at 3rd page he mentioned about deposit of loan amount to the account of accused. In the present case the complainant or accused have not produced statement of account of said saving bank account. The Ex.P3 is office copy of legal notice. Ex.P4 to 6 are postal receipt, acknowledgment and track consignment. These documents clearly show that the notice issued by the complainant was served on accused. But the accused KABC030455522023 neither paid the amount of cheque nor issued reply notice by denying the facts.
(Anandappa.M) XL Addl. C.J.M, Bengaluru.
: ANNEXURE:
WITNESS EXAMINED ON BEHALF OF PROSECUTION:
P.W.1 : K.R.Ravi P.W.2 : S.Ravi Kumar P.W.3 : Rajeev Rao. WITNESS EXAMINED ON BEHALF OF ACCUSED: D.W.1 : Vijay D.N.
DOCUMENTS MARKED ON BEHALF OF COMPLAINANT:
Ex.P1 : Cheque Ex.P1(a) : Signature KABC030455522023 Ex.P2 : Memo Ex.P3 : Office copy of the legal notice Ex.P4 : Postal receipt Ex.P5 : Postal acknowledgment Ex.P6 : Postal track consignment Ex.P7 : Office copy of the legal notice Ex.P8 to 10 : Postal receipts Ex.P11 & 12 : Postal acknowledgment Ex.P13 : Copy of the legal notice Ex.P14 to 16 : Postal receipts Ex.P17 & 18 : Postal acknowledgments Ex.P19 : Loan application Ex.P20 : Loan agreement Ex.P21 : Salary deduction authorization Ex.P22 : On demand pro-note Ex.P23 : Authorization letter Ex.P24 : Copy of resolution Ex.P25 : Letter of accused Ex.P26 : Statement of account Ex.P27 & 28 : Loan notices Ex.P29 : Certificate U/Sec.65-B of Indian Evidence Act. DOCUMENTS MARKED ON BEHALF OF ACCUSED: -Nil- (Anandappa.M) XL Addl. C.J.M, Bengaluru.