This is an accused’s appeal filed under Section 374(3)
of Cr.P.C., seeking to set aside the impugned judgment of
conviction and order of sentence dated 19.11.2022 passed
in C.C.22174/2022 on the file of XXXVIII Addl. Chief
Metropolitan Magistrate Court, Bengaluru, for the offence
punishable under Section 138 of Negotiable Instruments Act
(hereinafter referred to as ‘The Act’ for brevity) and to
acquit him for the said offence by allowing this appeal, in
the ends of justice.
2. For the sake of convenience, the rank of the parties
is referred as referred before the trial court.
3 Crl. A.246/2023
3. Before adverting to the grounds urged by the
appellant/accused, it is necessary to note down the brief
factual scenario of the case of the complainant as stated in
the complaint is that, Complainant is engaged in the
business of manufacturing & supplying of perfumes and
essential oil products. Accused No.2 is one of the
customers to the complainant. Complainant has supplied oil
products to accused No.2, but accused No.2 has failed to
pay the amount for the same. In that regard, accused No.2
has issued cheque bearing No.527245 dated 10.05.2022 for
Rs.28,500/- in favour of the complainant firm which is drawn
on The Jammu & Kashmir Bank Ltd., Bengaluru Branch. As
per the instructions of accused No.2, complainant firm
presented the aforesaid cheque for encashment through its
banker. However, said cheque came to be dishonoured
with an endorsement “payment stopped by the drawer”. To
that effect, complainant firm received cheque return memo
from its banker on 11.05.2022. Complainant firm informed
the said fact to accused No.2 and also got issued legal
4 Crl. A.246/2023
notice by way of RPAD to the accused on 30.05.2022.
However, said noticed was refused by the accused No.2 and
returned on 02.06.2022. Further, accused No.2 failed to
repay the cheque amount. Accused No.2 has intentionally
given instructions to stop payment to his banker with an
intention to dishonour the cheque. Hence, without any
alternative, complainant was forced to present this private
complaint against the accused under Section 200 Cr.P.C.,
for the offence punishable under Section 138 of the Act.