This case arises out of the private complaint filed
by the complainant against the accused under section
200 of Cr.P.C., for an offence punishable under section
138 of Negotiable Instruments Act.
2. The case of the complainant’s in brief is as
under:
It is the case of the complainant is that the
complainant is a partnership firm registered under the
Indian Partnership Act. The accused No.1 is a company
registered under the companies act. The accused No.2
and 3 represented to the complainant that the accused
No.2 was the Managing Director and the accused No.3
is the Director and Authorized signatory of the accused
No.1 and responsible for day today affairs of the
accused No.1 and the company is involved in software
publishing consultancy, production, supply and
documentation of ready-made, operating systems
software, computer games, software for all platforms.
The accused need an accommodation for their office
C.C.NO.33742/2023
purpose. After negotiations, they took commercial
premises measuring about 5000 sq.,ft carpet area, on
the first of the commercial building called “Lotus”,
No.25/1, Bull Temple Road, Basavanagudi, Bengaluru-
560004, on lease for a period of 03 years from 1st of
August 2018, on monthly rent of Rs.2,00,000/-
excluding other charges. The rent was agreed to be
escalated by 05% on the last paid rent after expiry of
12 months. Further the accused company is a chronic
defaulter in payment of rents and electricity bills. As on
July 2023 the accused were in arrears of rent of
Rs.52,18,082.30 and sum of Rs.2,31,835/- was due
towards electricity bills interest at 18% p.a. The interest
payable on arrears of rent was Rs.8,59,742.39 and the
interest payable on the amount due towards the
electricity bill was Rs.27,378/-. The total outstanding
amount after deducting TDS paid for the financial years
2021-22 and 2022-23 was Rs.59,43,434.69.
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