Bangalore District Court
P Kalaimani vs P Manimaran on 20 August, 2025
KABC0B0106032023
IN THE COURT OF THE Vth ADDL. SMALL CAUSES
JUDGE & XXIVth ADDL. CHIEF JUDICIAL
MAGISTRATE, Court of Small Causes, Mayo Hall Unit,
Bangalore (SCCH-20)
Present : Sri. P. Shivaraj,
B.Com. LL.B.
th
V Addl. Small Causes Judge,
& XXIV A.C.J.M.
Dated this the 20th day of August 2025
C.C.No.52090/2020
Complainant:- Sri.P.Kalaimani, 52 years,
S/o Parimalan.G, No.48, Lakshmi Nivas
1st main, 3rd Cross,
Patel Munishamappa Garden, Byrathi Cross
Bangalore -560077
(Sri.MJ, Advocates)
// VS //
Accused :- Sri.P.Manimaran, 62 years,
S/o Not KNown
R/at No.22, Nanda Gokula Building,
2nd Floor, 2nd Cross, Avalamma Chathra,
Magadi Main Road, Opp Leprosy Hospital
Bangalore - 560023
(Sri.MKA, Advocate.)
Offence : U/s/ 138 of N.I Act of 1881
Plea of accused : Pleaded not guilty
Final Order : Accused is convicted
Date of judgment : 20.08.2025
(P. SHIVARAJ)
Vth Addl. Small Causes Judge,
& XXIV A.C.J.M.
2 SCCH-20
C.C.No.52090/2020
-: J U D G E M E N T :-
The complainant Sri.P.Kalaimani S/o Parimalan has
filed the private complaint U/s 200 of Cr.P.C. against the
accused alleging that, he has committed the offence
punishable under section 138 of Negotiable Instrument
Act, 1881( For short N.I.Act,1881).
2. Complainant case is as follows:
Complainant and accused are known to each other,
that in the month of December 2018, Accused borrowed
hand loan amount of Rs.2,00,000/- from the
complainant in cash for his personal requirements. In
order to repay the said loan amount, accused has issued
the cheque bearing No.731258 dated 21.08.2019 for
Rs.2,00,000/- in favour of the complainant which is
drawn on Canara Bank, Okalipuram Branch, Bengaluru.
3. As per the instructions of the accused
complainant presented the aforesaid cheque for en-
cashment through his banker. The aforesaid cheque
returned dishonored with an endorsement "Funds
Insufficient", in the bank account of the accused, to that
effect, complainant received the cheque return memo from
the banker on 13.09.2019. Complainant informed the
aforesaid fact to the accused and he has issued legal
notice to him on 23.09.2019, and it was served to the
accused on 25.09.2019. Further, accused failed to repay
3 SCCH-20
C.C.No.52090/2020
the cheque amount. Complainant alleged that, accused
has intentionally not maintain the sufficient amount in
his bank account with an intention to dishonor the
cheques. Inasmuch, accused has committed the offence
punishable under section 138of N.I. Act. On the aforesaid
allegations, the complainant approached this court and
prays this court to punish the accused and to award the
compensation.
4. Originally the private complaint was filed before
Hon'ble XXXIVth ACMM court Mayo hall unit Bengaluru.
The learned presiding officer of that court, took the
cognizance for the offence punishable U/s 138 of N.I.Act
and recorded the sworn statement of the complainant.
On finding prima-facie case, process was issued to the
accused.
Later as per special notification No. ADM/1/5/2020
dt.26.05.20, case transferred to this court.
5. After service of summons to the accused,
Accused appeared before this court and he got released
on bail. In compliance with provision of section of 207 of
Cr.P.C. papers of the prosecution was supplied to the
accused. The substance of the accusation is readout to
him, in the language known to him, he pleaded not guilty
and submitted that, he is having defence to make.
6. In order to prove the guilt of the accused,
complainant has adapted the evidence led by him at pre-
4 SCCH-20
C.C.No.52090/2020
summoning stage as his Examination-in-chief affidavit
and got marked 6 documents which are at Ex.P1 to P6.
7.Accused statement is recorded as per Sec.313 of
Cr.P.C., he denied the same and submitted that, he is
having evidence to lead.
8. When the case is set down for cross examination
of PW-1, accused compromised the case with
complainant out side the court and they filed the joint
memo as per Sec.147 of N.I. Act stating that they have
settled the claim for Rs.2,00,000/- and accused has
agreed to pay the settled amount on or before 10.09.2026
as stated in the joint memo and they prays this court to
pass the Judgment, so that it will have binding
effect/force on them.
9. I have heard the arguments and perused the
materials available on record.
10. The following points that arise for my
determination.
-:P O I N T S:-
1. Whether the complainant and accused
has voluntarily settled the cheque
amount as per the terms and conditions
of their Joint Memo.?
2. What Order?
11. After carefully going through the materials
available on record and taking into consideration of facts
5 SCCH-20
C.C.No.52090/2020
and circumstances of the case, my finding to the above
points are as follows:-
Point No.1: In the Affirmative
Point No.2: As per final order, for the following:
REASONS
12. Point No.1: PW.1 being the complainant, he
reiterated the complaint averments in his examination-
in-chief affidavit.
13. When the case is set down for cross
examination of PW-1, accused compromised the case
with complainant out side the court and they filed the
joint memo as per Sec.147 of N.I. Act stating that they
have settled the claim for Rs.2,00,000/- and accused has
agreed to pay the settled amount on or before 10.09.2026
as stated in the joint memo and they prays this court to
pass the Judgment, so that it will have binding
effect/force on them.
14. The aforesaid fact is consented/acknowledge by
the complainant. It is also true that, complainant has
reserved his right, to recover the settled amount as per
law, in case if there is any default from the accused after
the expiry of the stipulated agreed period as stated in the
memo. The said fact is also consented by the accused.
15. Apparently, accused has admitted the entire
case of the complainant and they have reported their
settlement by filing joint memo, inasmuch, there is no
6 SCCH-20
C.C.No.52090/2020
material on record to disbelieve the reported settlement
by the parties and it is deserved to be accepted. In view of
the joint memo filed by complainant and accused, it is
crystal clear that accused, has admitted his guilt as
alleged by the complainant. Further more, complainant
and accused have agreed for their own settlement and
they have taken initiative with repayment schedule for
the settled amount and they prays this court to pass the
judgment accordingly by awarding the fine amount as
compensation to the complainant for the enforcement of
their settlement, such being the case, and to enforce the
reported settlement and to meet the ends of justice and
equity, and by considering the admitted settlement . as
reported by the parties as per their joint memo, I am
answering this point in the Affirmative.
16. POINT NO.2:- For the foregoing reason and
discussion, on point No.1, I proceed to pass the following:
ORDER
Exercising the power conferred
U/Sec.255(2) of Cr.P.C. accused is convicted
for the offence punishable U/Sec. 138 of N.I.
Act-1881.
Accused is sentenced to pay the fine
amount of Rs.2,00,000/- to the complainant
on or before 10.09.2026 as stated in joint
memo.
In default, accused shall undergo
simple imprisonment for a period of six
7 SCCH-20
C.C.No.52090/2020
months.
The entire fine amount shall be paid to
the complainant as compensation as per
section 357 of Cr.P.C.
The reported joint memo shall form
part of the record.
The bail bond and surety bond of
accused shall continue till he pay the settled
amount as per the joint memo.
(Dictated to the stenographer, transcribed by him, same was corrected by me and
then pronounced by me in the open court on 20th day of August 2025.)
(P. SHIVARAJ)
th
V Addl. Small Causes Judge,
& XXIV A.C.J.M.
ANNEXURES:
1) List of Witnesses Examined on behalf of the
Complainant company:
PW.1 : Sri.P.Kalaimani
2) List of exhibits marked on behalf of the
Complainant company:
Ex.P1 : Original Cheque
Ex.P2 : Bank Challan
Ex.P3 : Chque return memo
Ex.P4 : Office copy of legal notice
Ex.P5, 6 : Postal receipt & acknowledgment
3) List of Witnesses Examined on behalf of the Accused:-
NIL
4) List of exhibits marked on behalf of the Accused:-
NIL
(P. SHIVARAJ)
th
V Addl. Small Causes Judge,
& XXIV A.C.J.M.