M Raju vs Gopalakrishna K S on 9 May, 2025

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Bangalore District Court

M Raju vs Gopalakrishna K S on 9 May, 2025

KABC0A0034742023




IN THE COURT OF LXXIII ADDL.CITY CIVIL & SESSIONS
    JUDGE, MAYOHALL UNIT, BENGALURU. (CCH.74)

                       PRESENT:
             Smt. Anitha N.P., B.A.L., L.L.M.,
        LXXIII Addl.City Civil & Sessions Judge,
              Mayohall Unit, Bengaluru.

         Dated this the 09th day of May 2025.

             Crl. Appeal No.25252/2023

Appellant/
Accused:       1. Sri. M Raju
               Aged about 60 years,
               S/o: Manikyam,
               R/at No.41, 43/2, 2nd Main,
               Opp. To Panchamukhi Ganapathi
               Temple, Panchamukhi Layout, Next To
               Sri Saibaba Layout, Land Army Road,
               Parappana Agrahara, Bengaluru.

               2. M/S Ganesh Motor
               Rep. By Its Prop. M Raju
               TVS Authorised Service Centre,
                Next To Sri Adiparashakthi Temple,
                3rd Main, 19th Cross, Hoysalanagara
                Bengaluru 560016.

               (Rep by Sri.K. Chennabase Gowda - Adv.)

                    V/S

Respondent/
Complainant: Sri. Gopalakrishna K. S.,
             Aged about 64 years,
                             2
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               S/o: K.V.Seenappa,
               R/at No.68, Lakshmaiah Reddy Cross,
               3rd Main, HRBR 3rd Phase,
               Kacharkanahalli,
               Bengaluru 560084.

               (Rep by Sri.M. V.Narayana Swamy - Adv.)


                      JUDGMENT

This is an Appeal filed by Accused under Section

374 of Cr.P.C., being aggrieved by the Judgment dated

02.08.2023 passed in C.C. No.53595/2019 on the file of

XXXIV A.C.M.M., Bengaluru, convicting him for an

offence punishable under Section 138 of the Negotiable

Instruments Act [hereinafter referred to as ‘NI Act‘, for

brevity] and sentencing him to pay fine of Rs.15,61,040/-

and in default of payment of fine, to undergo simple

imprisonment for one year. Out of the fine amount, a

sum of Rs.15,56,040/ is directed to be paid to the

respondent/complainant as compensation and remaining

Rs.5,000/- is ordered to be remitted towards State

expenses.

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2. The parties are referred to their original ranking

as referred in trial court for convenience sake. The

Appellant is the Accused and Respondent is the

Complainant before the trial court.

3. Brief facts of the complainant before the trial

court is as under:-

The complainant and accused are known to each

other. Accused No.01 is proprietor of Accused No.02, in

the month of November-2014 accused approached the

complainant and sought loan of Rs.12,35,000/- for his

business and promised to repay the amount within 06

months. Considering the request the complainant lent

Rs.12,35,000/- through cheque dated:04.12.2014. The

accused not repaid the amount as promised and when

the complainant demanded for amount the accused

sought time and complainant granted two years time. The

accused agreed to repay the loan on or before 12.07.2017

and executed an undertaking in this regard. However

again the accused failed to keep up his promise. When
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the complainant again asked for payment of loan the

accused and his family members abused him in filthy

words and also threatened him with dire consequence

and tried to assault him. Hence, the complainant lodged

complaint before police on 23.03.2018. Before the police

the accused admitted the loan and stated that, he will

clear loan on or before 30.06.2018. Thereafter, a

mediation was held before the well wisher in the month of

November – 2018 wherein the accused agreed to pay the

amount by December – 2018 and on 21.01.2019 the

accused issued cheque dated:21.01.2019 for a sum of

Rs.12,35,000/-. The complainant presented the said

cheque for encasement before his banker. The same

returned unpaid for the reason “insufficient funds”. The

complainant then issued legal notice on 06.02.2019 to

the accused and the same was served on accused No.01

and 02 on 07.02.2019 and 18.02.2019 respectively.

However the accused not paid the amount in the cheque.

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Hence, the Complainant filed Complaint before the

XXXIV A.C.M.M., Bengaluru,, in C.C.No.53595/2019.

4. After taking cognizance of the complaint,

summons has been issued to the Accused. Responding to

the summons, he appeared before the Trial Court,

enlarged on bail, plea was recorded, Accused pleaded not

guilty and claimed to be tried.

5. That to prove the case of the Complainant, the

complainant himself got examined as PW.1, in his

affidavit filed in the form of Examination in Chief he has

reiterated the averments of the complaint. In support of

his case, he has relied on the documents marked as

Ex.P1 to Ex.P.18.

6. Thereafter, statement of Accused u/s 313 of

Cr.P.C., has been recorded and the accused No.1 has got

examined himself as DW.1 and got marked 9 documents

as per Ex.D1 to 9.

7. After hearing the arguments, the Trial Court

passed the impugned judgment and order dated
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02.08.2023 convicting the Accused. That highly aggrieved

with the impugned judgment and order, the Accused has

filed present appeal on the following grounds:

i. The impugned judgment is illegal, arbitrary,
against to the evidence on record. The
accused is not liable to pay the cheque
amount as there is no legally recoverable
debt.

ii. The accused has paid the amount as agreed
in the settlement arrived at police station.
However, the Learned Magistrate not
considered the plea of the accused and
also not considered that the accused
rebutted the presumption available in
favour of complainant.

iii. The complainant admits that he has not
taken any documents at the time of
lending amount as a security. No prudent
man will lend such huge amount without
taking any security. PW.01 further deposed
that, on 21.01.2019 the cheque in
question was given to the complainant by
some one not the accused. Hence, the
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accused never issued cheque to the
complainant. The complainant also
deposed that he has not done any financial
business with accused since 2014 and the
Learned Trial Court not considered said
vital admissions.

iv. The complainant also admitted that on
08.06.2018 he received Rs.1,60,000/- from
the accused by cheque and on 09.01.2015
accused paid Rs.1,25,000/- and on
05.02.2015 he paid Rs.70,000/- and the
same was acknowledged by the
complainant. However he deposed that it
was not in respect of the present
transaction. However, no documents to
show the previous transaction is produced.

Accordingly, the impugned judgment and
order of conviction is liable to be set aside
by the intervention of this Court. Hence
prayed for allowing the appeal.

8. After service of notice, the Respondent appeared

through his counsel. Records secured from trial court.
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9. Heard both sides. Perused the entire Trial Court

records, including the impugned judgment.

10. Upon hearing, the following points arise for

determination:-

1. Does the Appellant proves that the
cheque in question was not issued to
complainant towards any legally
enforceable debt?

2. Whether the judgment of conviction
passed by the Trial Court calls for
interference by the hands of this
court?

3. What Order?

11. My findings to above points are as under:-

Point No.1: In the Negative
Point No.2: In the Negative
Point No.3: As per the final order,
for the following:-

REASONS

12. POINT No.1: It is the specific case of the

Complainant that accused is known to him and for the

purpose of his business the accused sought loan of

Rs.12,35,000/- and assured to repay the amount within

06 months. The complainant lent Rs.12,35,000/-

through cheque on 04.12.2014. The accused not repaid
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the amount as agreed and when the complainant

demanded for repayment the accused sought 2 years

time as he suffered loss and executed undertaking to

repay the loan on or before 12.07.2017. However, the

accused not paid the loan amount and when the

complainant demanded for repayment the accused and

his family members abused him in filthy words and tried

to assault him. A complaint is lodged in this regard on

23.03.2018. Before the police the accused admitted his

liability and stated that he will clear the loan on or

before 30.06.2018. In the mediation held before the well

wishers the accused admitting his liability, issued cheque

for a sum of Rs.12,35,000/-. When the complainant

presented the said cheque for encasement the same

returned as unpaid for the reasons funds insufficient on

22.01.2019. The complainant issued legal notice on

06.02.2019 to both addresses and the same was served

on accused. Inspite of service of notice the accused not

repaid the cheque amount.

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13. Before the trial court the complainant so as to

prove his case got examined himself as PW.1 and he has

produced 18 documents as per Ex.P.1 to 18. Ex.P.1 is the

chequ, Ex.P.2 is the bank endorsement, Ex.P.3 is copy of

legal notice, Ex.P.4 is postal receipt, Ex.P.5 and 06 are

postal tracks, Ex.P.7 is bank passbook, Ex.P.08 is the

acknowledgment issued by Parrappana Agrahara Police

Station, Ex.P.9 to 14 are bank passbooks, Ex.P.15 is

vakalath, Ex.P.16 and 17 are visiting cards, Ex.P.18 is

the certified copy of plaint in OS. No.2819/2021.

14. The accused so as to prove his defence

examined the accused No.1 M. Raju as DW.1 and he has

produced 09 documents as per Ex.D.1 to 9. Ex.D.01 is

the Adhar Card of the accused, Ex.D.2 is the letter given

by TVS Motor company, Ex.D.3 is Vat Registration

certificate, Ex.D.4 is copy of sale deed dated:12.12.2012,

Ex.D.5 and 6 are electricity bills, Ex.D.07 is bank

statement of wife of accused, Ex.D.08 and 09 are bank

statements.

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15. On perusal of the evidence of DW.01/Accused,

this accused in his chief examination affidavit deposed

that, he has not given Ex.P.01 cheque to the

complainant, the complainant used to come to his

business premises as a friend and he used to keep signed

cheques in his office for the purpose of payment for

electricity bills and other business purposes. The

complainant was aware of these facts and when the

complainant in such an occasion when came to the office

of the accused has stolen one signed cheque and has

filed this false complaint. On perusal of the above ocular

evidence of accused the cheque in question is pertains to

the account of the accused and the signature on the

cheque is that of accused. The accused not denied the

cheque and his signature on the cheque. Hence, under

the circumstances there is an initial presumption in

favour of the Complainant under Section 139 & 118 of

Negotiable Instrument Act and the burden is on the

Accused to rebut the said presumption by taking
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appropriate defense on the principles of preponderance of

probabilities.

16. At this stage, it is necessary to refer a ruling of

Hon’ble Apex Court reported in 2019 (3) KCCR 2473

(SC) (Basalingappa V/s Mudibasappa). The Hon’ble Apex

Court while considering several earlier rulings on the

offence U/Sec.138 of NI Act and also on the presumption

U/Sec.118 and 139 of NI Act, at Para 23 was pleased to

observe as follows:

23. We having noticed the ratio laid down by
this Court in above cases on Sections 118(a) and
139, we now summarise the principles enumerated
by this Court in following manner:-

(i) Once the execution of cheque is admitted
Section 139 of the Act mandates a presumption that
the cheque was for the discharge of any debt or other
liability.

(ii) The presumption under Section 139 is a
rebuttable presumption and the onus is on the
accused to raise the probable defence. The standard
of proof for rebutting the presumption is that of
preponderance of probabilities.

(iii) To rebut the presumption, it is open for the
accused to rely on evidence led by him or accused
can also rely on the materials submitted by the
Complainant in order to raise a probable defence.

Inference of preponderance of probabilities can be
drawn not only from the materials brought on record
by the parties but also by reference to the
circumstances upon which they rely.

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(iv) That it is not necessary for the accused to
come in the witness box in support of his defence,
Sec.139 imposed an evidentiary burden and not a
persuasive burden.

(v) It is not necessary for the accused to come in
the witness box to support his defence.

17. keeping in mind the broad principles laid down

in the above decision if the defence of the accused is

looked into he has taken the defence that there is no

legally enforceable debt between the accused and

complainant, the cheque was not issued by him to the

complainant, there is no transaction between him and

complainant. The accused also taken defence that

complainant used to come to his business premises as a

friend and the accused used keep signed cheques in his

office for payment of electricity bills and other business

purposes. The complainant who was aware of these facts

on one such occasion had stolen one signed cheque from

his office and filed this false complaint. There is no

legally recoverable debt or liability. He has paid the

amount when the matter was settled at police station.
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18. In this regard, it is necessary to go through the

evidence of DW.1. In the chief examination the accused

deposed that, he has paid Rs.1,50,000/- at the time of

complainant’s sister’s funeral expenses, he paid Rs.3

Laksh by way of cash to the son-in-law of complainant.

Before the Padmanabha Nagar Police Station this

complainant lodged a complaint against him and there he

agreed for final settlement of payment of Rs.6 Lakhs.

Thereafter his son paid Rs.3,25,000/- by way of cash and

balance payment was made by way of cheques. The

complainant received the above amount and further

demanded for additional interest. When the accused

refused to pay said additional interest, the present

complaint is filed.

19. During the course of cross examination accused

deposed that, he is residing at Door No.26/02,

Lakshmaiah Reddy Road, Kacharakanahalli. His son and

daughter are residing separately. His daughter is residing
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at : Chandra Layout and his one son is residing at :

Madiwala and another son is residing at : Electronic City.

20. DW.1 further deposed that, the address shown

in vakalath marked as Ex.P.15 is given by him only to

his advocate and the said address is given as per the

address shown in his Adhar Card. He admitted Ex.P.16

and 17 which are visiting cards stating that they are his

visiting cards and the address shown in the said visiting

cards are correct. He admits that, Ex.P.1 cheque is

pertains to Ganesh Motors. He further admits that

through cheque he has received Rs.12,35,000/- from the

complainant for the improvement of Ganesh Motors. He

further admits that, as per Ex.P.7 on 04.12.2014 he

received the said amount.

21. This DW.1 in his further cross examination

deposed that he maintained the account of accused No.2

i.e., Ganesh Motors till 2017, he cannot produced the

bank statement as he closed the said company in the

year 2017 and though he closed company the bank
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account was not closed. He admits that, he has taken OD

facility on the said account and he do not know whether

said account is still operative. He also admits that before

the Parappana Agrahara Police Station complainant has

lodged complaint against him. He further admits that his

son has not paid any amount to the complainant. He has

no documents to show that he paid Rs.1,50,000/- for

the funeral expenses of the complainant’s sister.

22. DW.1 further admits that, he received amount

from the complainant in the year 2014 by way of cheque.

He has no documents to show that on 07.01.2016 he

paid Rs.3 Lakhs to the complainant.

23. This DW.1 further deposed that, he paid

Rs.70,000/- per month to the complainant towards

interest and he has no documents for the same.

24. In the case on hand the accused not disputed

the receiving of Rs.12,35,000/- from the complainant in

the year 2014. However, according to this accused he has

paid the amount as agreed in the settlement held at
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police station. When the accused admits the receipts of

payment of Rs.12,35,000/- and when he comes up with

defence that, he has repaid the amount to the

complainant the burden lies on the accused to show the

said repayment. It is the contention of the accused that,

he has paid Rs.1,50,000/- at the time of funeral of

complainant’s sister and he has paid Rs.70,000/- every

month to the complainant towards interest and he paid

Rs.1 Lakhs by way of cash and a sum of Rs.3 Lakhs by

way of cash to the complainant’s son in law, but no piece

of documents is produced in this regard. Even on perusal

of cross examination of PW.1 he pleaded ignorance that

the accused transferred Rs.70,000/- on 07.02.2017 to

the wife of complainant. He deposed that he has to verify

whether accused has transferred Rs.35,000/- on

18.12.2015, Rs.70,000/- on 05.02.2015, Rs.1 Lakhs on

08.01.2016 to his account. According to complainant the

above are all not in respect of the present transactions

and he do not know whether a sum of Rs.35,000/- was
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transferred to him on 11.06.2015, sum of Rs.40,000/- on

30.08.2018, sum of Rs.1,60,000/- on 23.05.2018. He

denied that all the above payments are in respect of loan

of the accused.

25. It is pertinent to note that, the accused has

suggested that, before the police the matter was settled

for Rs.6,25,000/- and the accused stating that he can

only pay the principal amount has paid Rs.1,60,000/- to

the complainant. However, the complainant deposed that

in respect of the present transaction no amount is paid

by the accused.

26. As admitted by the accused himself he has

received Rs.12,35,000/- from this complainant on

04.12.2014, to show that he paid amount to the

complainant no documents is produced by the accused.

The documents marked at Ex.D.7 is pertains to the

person by name Saraswathi and the said account extract

does not show who is said Saraswathi and how she is

related to this accused. To show that amount of
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Rs.1,60,000/- was transferred to the account of

complainant the accused produced the said account

extract. However the burden is on the accused to

establish that the said amount is in respect of Ex.P.1

cheque transaction and it is to be established by the

accused. However, nothing is elicited from the mouth of

PW.1 to show that the said payment is towards the

Ex.P.1 cheque.

27. The accused also relied on Ex.D.8 and 9 which

are account statement for the period 01.04.2015 to

30.04.2015 and 01.05.2015 to 31.08.2016 of Sri. Ganesh

Motor Proprietor by M. Raju. The said account extract

does not disclose any payment to the complainant. It is

the arguments of the accused that a sum of Rs.70,000/-

was paid to One Kartheesh. G. on 07.04.2015 and a sum

of Rs.35,000/- was paid on 11.06.2015. It is for the

accused to established that who is said Kartheesh and if

the said Kartheesh is son of the complainant why the

payment was made to said persons. Under Ex.D.7 the
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person who made the payment i.e., Mrs. Saraswathi is

not the person who received amount from this

complainant. The payment made under Ex.D.8 and 9 is

to a person by name Kartheesh who is not the payee

under Ex.P.1. Hence, the arguments of the accused that,

he paid amount to the complainant in respect of Ex.P.1

cannot be accepted. The payment what are all stated by

the accused is not in respect of Ex.P.1. If the said alleged

payment are made to the complainant in respect of

transaction of Ex.P.1 then nothing prevented this

accused to get necessary acknowledgment in this regard

from the complainant. If the payment was in respect of

Ex.P.1 then the accused could have intimated the same

in writing to the complainant and could have kept

necessary endorsement in this regard. However, the

accused has not done so.

28. The one more defence of the accused is that the

alleged loan is time barred. However, on perusal of the

indemnity bond dated 14.07.2015 executed by this
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accused in favour of this complainant which is attached

to Ex.P8 goes to show that the accused as he suffered

loss in his business could not repay the loan and sought

2 years time from the date of said indemnity bond to

repay the loan of Rs.12,35,000/-. The accused

accordingly, executed said indemnity bond accepting his

liability of repayment of loan on 14.07.2015. Accordingly

a fresh contract for repayment of loan was entered into

between the complainant and accused.

29. At this stage it is necessary to go through the

Sec.25 of Indian Contract Act:-

Section 25.

Agreement without consideration,
void, unless it is in writing and registered,
or is a promise to compensate for
something done, or is a promise to pay a
debt barred by limitation law.

An agreement made without consideration is void,
unless
(1) it is expressed in writing and registered under
the law for the time being in force for the
registration of 1[documents], and is made on
account of natural love and affection between
parties standing in a near relation to each other ;

or unless
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(2) it is a promise to compensate, wholly or in part,
a person who has already voluntarily done
something for the promisor, or something which
the promisor was legally compellable to do; or
unless;

(3) it is a promise, made in writing and signed by
the person to be charged therewith, or by his agent
generally or specially authorized in that behalf, to
pay wholly or in part a debt of which the creditor
might have enforced payment but for the law for
the limitation of suits.

30. As could be seen from Ex.P8 indemnity bond the

accused accepting his liability executed the said

document in favour of the complainant and thereby he

acknowledged his liability that he is due for a sum of

Rs.12,35,000/-. Hence, a fresh contract is executed

between accused and complainant and it is a new

contract as per Sec.25(3) of Indian Contract Act and the

Limitation has to be counted from after 2 years of the

duration stated in said indemnity bond. Hence, the

defence of the accused that the debt is time barred is not

acceptable.

31. It is the defence of the accused that the

complainant has stolen Ex.P1 chque from his office.
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However, no complaint as such is lodged by this accused

as against this complainant alleging the offence of theft.

Hence, the said defence of the accused shows that

accused as an after thought has taken said defence and

failed to prove the same.

32. It is the one more ground of defence of the

accused that the notice issued by the complainant as per

Ex.P3 is not served on him. On perusal of the ocular

evidence of DW.1 he deposed that he is son of late

T.Manikam and his address is No.26/2 Lakshmayya

Reddy Road, Kacharakanahalli. However, he admits his

address shown in Ex.P15 vakalath. On perusal of Ex.P15

the same is vakalath given by this accused to his counsel

in C.C.No.53595/2019. On perusal of cross-examination

of Dw.1 he deposed that he has given his address in his

vakalath to his counsel. The address of the accused

shown in Ex.P15 is No.41, 43/2, 2 nd main, opposite to

Panchamukhi Ganapathi Temple, Panchamukhi Layout,

Next to Sri Sai Baba Layout, Land Army Road, Parappana
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Agrahara, Bengaluru. That apart he also admits Ex.P16

& 17 and the address shown in the said Ex.P16 & 17

visiting cards. He further admits his address in Ex.P18

which is plaint in O.S.No.2819/2021 wherein the address

of this accused No.1 is shown as No.57, Reddy Layout,

Kacharakanahalli, St.Thomas Town Post, Bengaluru and

also at No.40, 41, 3 rd main road, Panchamukhi Layout,

Parappana Agrahara. This DW.1 got marked his Aadhar

as per Ex.D1 wherein his address is shown as 26/2,

Lakshmayya Reddy Road, Kacharakanahalli Road. In his

cross-examination of Dw.1 deposed the at he purchased

house at Sait Palya in the year 2013 and he is residing

there since 2017. He has not changed the said address

but as per the address shown in Aadhar he has given

said address in this case.

33. It is pertinent to note that Ex.P18 is the copy of

plaint in O.S.No.2819/2021 which is filed by this

accused as against persons by name Gowramma and 2

others wherein he has shown his address at No.40, 41,
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3rd main road, Panchamukhi layout, Parappana Agrahara

and even in the versifying affidavit of said plaint he sated

the very same address. On going through the Ex.P3 the

complainant issued notice to the address of this accused

at Panchamukhi layout only. When the notice is

addressed to the very same address shown in the Ex.P15

vakalath and address of plaint cause title in Ex.P18 it is

to be held that the complainant has addressed notice to

the correct address of the accused and this accused with

malafide intention so as to evade service has given

different address in his Aadhar card. The notice Ex.P3 as

could be seen from Ex.P5 & 6 is duly served on the

addressee. The accused inspite of receiving notice has not

complied the terms of notice and paid the amount of

cheque. The accused failed to prove that he has paid the

amount which he borrowed from the complainant and

the accused failed to prove that there is no legally

enforceable debt or liability. The accused having issued

cheque as per Ex.P1 to this complainant so as to clear
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legally enforceable debt failed to maintain sufficient

balance in his account with malafide intention.

Accordingly,

the accused failed to raise probable defence and

also failed to prove his defence. Accordingly, the accused

failed to rebut the presumption available in favour of the

complainant. Hence, I answer Point No.1 in the

Negative.

34. Point No.2: It is the case of the

appellant/accused that the impugned judgment and

order of the Trial Court in C.C.No.53595/2019, dated

02.08.2023 is perverse, illegal, irregular, capricious and

contrary to the facts and material placed before it.

Therefore, it is required to be set-aside by intervention of

this court to meet the ends of justice. As I have already

discussed under Point No.1 and 2 that the Complainant

has categorically proved his contention that Ex.P1

cheque belongs to Accused, it has been issued in his
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favour to discharge the legally recoverable debt.

Accordingly, to clear the said legally enforceable debt the

Accused has issued cheque under Ex.P1 to discharge the

said amount, same was dishonored with an endorsement

as ‘Funds Insufficient’. Even thereafter, he has not made

efforts to pay the cheque amount. Therefore, the said act

and conduct of Accused is clearly goes to show that he

has committed the offence punishable u/s. 138 of NI Act.

Though there is provision to rebut the presumption

available u/s 138 of NI Act, the Accused has miserably

failed to make out all his defence. Therefore, the

Complainant has proved that Accused has committed the

offence punishable u/s 138 of NI Act. No reason to deny

the same. The Appellant/Accused has miserably failed to

make out grounds of appeal. The Trial Court has taken

into consideration the evidence placed before it and

appreciated the facts and evidence. The Trial Court by

complying the correct proposition of law in the light of

principles laid down by Hon’ble Apex Court as well as
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Hon’ble High Court of Karnataka, has rightly come to

conclusion and given its conclusion holding that the

Accused has committed the offence punishable u/s. 138

of NI Act. The reasoning assigned by the Trial Court is

based on sound principles of law. It does not requires

any intervention. No reason to deny the same. The

Appellant/Accused has miserably failed to prove Point

No.2. Hence, I answer it in Negative.

35. POINT No.3: For the various reasons stated

in the point Nos.1 to 3 and findings given on them by me,

I proceed to pass the following:-

ORDER

Appeal filed by the
appellant/accused under section 374 of
Cr.P.C., is hereby dismissed.

Consequently, the impugned
judgment and order of conviction passed
by trial court in CC No.53595/2019
against the appellant/accused dated
02.08.2023 is hereby confirmed.

29

Crl.A. No.25252/2023

Remit the trial court records with
copy of this judgment.

No order as to costs.

(Dictated to the Stenographer, after computerization, corrected and
pronounced by me in the Open Court, this the 9th day of May, 2025)
Digitally signed by
ANITHA
ANITHA NANJANAGUDU
NANJANAGUDU PARASHIVAMURTHY
PARASHIVAMURTHY
Date: 2025.05.13
14:51:54 +0530

(Anitha N.P.)
rd
73 Addl. CC & SJ, M.H.Unit,
Bengaluru. (CCH-74)

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