Ramesha A N vs Rajanna H on 12 August, 2025

0
4

Bangalore District Court

Ramesha A N vs Rajanna H on 12 August, 2025

                          1

                                             C.C.No.4014/2022

KABC030134252022




                       Presented on : 21-02-2022
                       Registered on : 21-02-2022
                       Decided on    : 12-08-2025
                       Duration      : 3 years, 5 months, 19 days


  IN THE COURT OF THE XXII ADDL.CHIEF JUDICIAL
               MAGISTRATE, BENGALURU

             PRESENT: SRI.JAI SHANKAR.J,
                                    B.A.L., LL.B
             XXII ADDL.C.J.M., BENGALURU.

    DATED: THIS THE 12TH DAY OF AUGUST 2025
         JUDGMENT U/s.278(2) of BNSS -2023
(OLD CORRESPONDENCE NO. 255(2) OF CODE OF CRIMINAL
                  PROCEDURE

C.C.NO.               : 4014/2022

COMPLAINANT           : Sri. A.N. Ramesha,
                        S/o. Ningappa,
                        Aged about 43 years,
                        R/at No. 278, 7th Cross,
                        Kempegowdanagara,
                        Magadi Main Road,
                              2

                                             C.C.No.4014/2022


                           Vishwaneedam Post,
                           Bengaluru - 560 091.
                           (By Sri. C.C.Narayana., Adv.)
                           V/s.

ACCUSED                  : Sri. Rajanna. H,
                           S/o. Hanumanthaiah,
                           Aged about 50 years,
                           R/at No. 292, 4th Cross,
                           Magadi Main Road,
                           Vishwaneedam Post,
                           Kempegowdanagara,
                           Bengaluru - 560 091.
                           (By Sri. V. Rajanna., Adv., )

Offence complained       : U/s.138 of N.I.Act
of
Plea of the Accused      : Pleaded not guilty
Final Order              : Accused is Convicted
Date of order            : 12.08.2025

                          JUDGMENT

This is a private complaint filed by the complainant

against the accused for the offence punishable under

Section 138 of Negotiable Instruments Act.
3

C.C.No.4014/2022

2. The brief facts of the complainant’s case is as

under:

It is contended that, the complainant and the accused

are well acquainted with each other and under such

acquittance, the accused has approached the complainant

for the hand loan of Rs.6 lakhs in the first week of July

2018 to purchase a site and also, to meet his family needs.

Considering the request, the complainant has advanced Rs.6

lakhs ie., Rs.2 lakh on 10.07.2018 and Rs.1 lakh on

11.07.2018 through bank transfer and Rs.3 lakhs on

11.07.2018 by way of a cash on the assurance that, the

accused would return the amount within a year. Due to

pandemic of Covid-19, the accused has postponed the

payment and finally, on repeated demand and request, the

accused issued the cheque bearing no.068897, dt:

28.06.2021 for Rs.6 lakhs drawn on Vijaya Bank,
4

C.C.No.4014/2022

Sunkadakatte branch Bangalore -91, assuring its honour.

On such assurance, when the complainant presented the

cheque through his banker ie., Bank of Baroda,

Sunkadakatte branch, Bengaluru, it dishonored with shara

as “Funds Insufficient” vide memo dt:27.09.2021. Thereby,

the complainant got issued the demand notice

dt:13.10.2021 through RPAD which served on the accused.

Despite the service of notice, the accused has not chosen to

comply it, which has given cause of action to file the

present complaint.

3. After filing of the complaint, this court has taken

cognizance of the offence punishable U/s.138 of N.I.Act.

Sworn statement of the complainant was recorded. Being

satisfied that, there are prima-facie materials to proceed

against accused, summons was issued. After appearance of

the accused, he was enlarged on bail and plea was recorded.
5

C.C.No.4014/2022

The accused has not pleaded guilty, but submitted that, he

would go for the trial.

4. From the basis of the pleadings, the following

points that arise for my consideration are as follows:-

1. Whether the complainant proves that, the
accused issued cheque bearing no.068897,
dt: 28.06.2021 for Rs.6 lakhs drawn on
Vijaya Bank, Sunkadakatte branch
Bangalore -91, towards discharge of his
liability which was returned unpaid on
presentation for the reason “Funds
Insufficient” and despite of knowledge of the
notice, he has not paid the said cheque
amount and thereby, committed an offence
punishable U/s.138 of N.I.Act?

2. What order?

5. The sworn statement and the documents marked

at Ex.P.1 to P.5 by the complainant is being treated as the

complainant evidence as per the decision of the Hon’ble

Apex Court in Indian Bank Association Vs. Union of India
6

C.C.No.4014/2022

and Ors., reported in 2010 (5) SCC 590. The statement of

the accused as required U/s.313 of Cr.P.C was read over

and explained to accused, he denied the incriminating

evidence appeared against him and submitted that, he has

the evidence and accordingly, he is being examined as DW.1

and got marked Ex.D.1 and D.1(a) document and closed his

side evidence.

6. Heard from both side. The Defence has relied on

the decisions reported in 2009 (4) KLJ 26 – Smt. H.R.

Nagarathna Vs. Smt. Jayashree Prasad; 2008 (3) KCCR

1569 – K. Narayana Nayak – M. Shivarama Shetty, ILR

2008 KAR 4929; (2008) 2 SCC (Cri) 166; (2006) 6 SCC

39, 1995 CRL. L.J. 560.

All these decisions are dealt on the point of burden of

proof, presumption and rebuttable presumption.
7

C.C.No.4014/2022

7. Perused the materials available on record.

8. My answer to the aforesaid points are as under:-

Point No.1 :- In the Affirmative

Point No.2 :- As per the final order, for the following:-

REASONS

9. Point No.1:- The complainant has filed this

complaint alleging that, the accused has committed an

offence punishable U/s.138 of N.I.Act. He pleads and

asserts that, the accused in discharge of his liability has

issued the cheque bearing no.068897, dt:28.06.2021 for

Rs.6 lakhs drawn on Vijaya Bank, Sunkadakatte branch

Bangalore -91, which is being dishonored with shara as

Funds Insufficient. Thereby, he got issued the legal notice

dt: 13.10.2021 which served on the accused and despite

which, he has not chosen to comply the demand, which has

given a cause of action to file the complaint.
8

C.C.No.4014/2022

10. In this scenario, if the documents placed by the

complainant is scrutinized, the complainant in order to

examine the compliance of statutory requirements as

envisaged U/s.138 of NI Act, he got produced the Ex.P.1 the

cheque dt:28.06.2021. The said cheque is returned with an

endorsement as Funds Insufficient as per Ex.P2, the return

advise dt:27.09.2021, Ex.P.3 is the office copy of the legal

notice dt:13.10.2021, Ex.P.4 is the postal receipt and

Ex.P.5 is the postal acknowledgment which indicates the

notice being served on14.10.2021. The present complaint is

filed on 19.11.2021 which is well in time.

11. A careful scrutiny of the documents relied by the

complainant goes to show that, a statutory requirement of

Sec.138 of NI Act is being complied with and this complaint

is filed well in time. The complainant has discharged his

initial burden by examining him as PW.1 and by producing
9

C.C.No.4014/2022

the documents as referred above. Thus, complainant is

entitled to rely on the statutory presumptions enshrined

U/s.118 R/w. Sec. 138 of N.I.Act.

Sec. 118 of the Act reads as thus, that every Negotiable

Instrument was made or drawn for consideration and that,

every such instrument when it has been accepted, endorsed,

negotiated or transferred was accepted, endorsed, negotiated

or transferred for consideration.

Further Sec.139 of Negotiable Instrument Act provides

for presumption infavour of PA holder. It reads like this, it

shall be presumed, unless the contrary is proved, that, the

holder of a cheque received the cheque, of the nature referred

to in Sec. 138, for the discharge, in whole or in part, or any

debt or any other liability.

12. A combined reading of the referred sections raises

a presumption infavour of the holder of the cheque that,
10

C.C.No.4014/2022

she/he has received the same for discharge in whole or in

part of any debt or other liability. No doubt, the said

presumptions of law are rebuttable in nature, the accused

can take probable defense in the scale of preponderance of

probabilities to rebut the presumption available to the

complainant. It is need less to say that, the evidence of the

PW.1 can be rebutted even by effectively cross-examining

the PW.1, rather entering the witness box.

13. So here, it is relevant to note that, whether the

accused by cross examining the PW.1 and adducing his

evidence, has really rebutted the presumption available

under the law which requires due consideration. It is the

case of the complainant that, the accused had raised hand

loan of Rs.6 lakhs and towards the discharge of the said

loan, he had issued the disputed cheque at Ex.P.1 which is

being dishonored. On the other hand, the accused denies
11

C.C.No.4014/2022

the loan transaction and also, denies the issuance of the

cheque to the complainant towards any legal liability but

contends that, the amount which the complainant claims to

have transferred through the bank transfer/NEFT is the

loan availed by the complainant from him and it is the

repayment amount. He also contends that, he is financially

well as he is getting good rental income and also, owning 5

transport vehicles and he has several drivers. One of the

driver by name Manju had availed a loan of Rs.2 lakhs from

the complainant in the year 2017 on the interest of 5% p.m

and while borrowing the said loan, the complainant has

collected the cheque and the promissory note of the said

Manju and his blank cheque towards the security purpose.

The said Manju has repaid the entire loan amount and

during the pandemic of Covid-19, he reported to be dead

and taking the advantage of the said fact, the complainant
12

C.C.No.4014/2022

has filed the present complaint with an intention to gain

unlawful and thereby, questioning the financial capacity

and the service of the demand notice, claims that he has

rebutted the presumption.

14. In the back ground of the rival claims of the

parties with the oral and documentary evidence available on

record, it could be asserted that, both the complainant and

the accused being well acquainted is not in dispute. The

disputed cheque at Ex.P.1 and the signature appearing

therein at Ex.P.1(a) belongs to the accused is also not in

dispute. Even, the disputed cheque being dishonored as per

Ex.P.2 for want of sufficient funds is also not in dispute.

Even, the complainant transferring Rs.2 lakhs on

10.07.2018 and Rs.1 Lakh on 11.07.2018 to the account of

the accused through NEFT is also not in dispute. Though

the complainant has not produced any documentary proof
13

C.C.No.4014/2022

or the bank statement with regard to the above referred

transfer, but apart from admitting the receipt of the

amount, the accused himself has got produced the bank

statement at Ex.D.1 which clearly suffices an amount of

Rs.2 lakhs being transferred on 10.07.2018 and Rs.1 lakh

on 01.07.2018 to his account through the complainant

account.

15. Here, the dispute is whether the amount referred

above is the hand loan amount availed by the accused or

is it the repayment of the loan amount alleged to be

borrowed by the complainant. It would not be wrong to say

that, when the accused has taken the defence that, the

referred amount is the repayment of the alleged loan

amount raised by the complainant, it would be burden

upon him to establish the said fact. Because, here the

Ex.D.1 would establish the transfer of the amount of
14

C.C.No.4014/2022

Rs.3 lakhs from the account of the complainant to his

account. So, therefore, the accused has to discharge the

said burden so as to rebut the presumption. Here, many

questions were posed with regard to the financial capacity of

the complainant. The accused nowhere disputes the fact of

complainant owning a garments at Sunkadakatte as well as

at Moodalapalya. The complainant has clearly deposed that,

he has a monthly income of Rs.1,20,000/-. Here, the

accused do not dispute the complainant owning the above

referred garments, but on the other hand, he also takes the

contention that, the complainant used to take his vehicles

on rent for the transportation of the garment business.

Though, the accused has taken a contention that the

complainant himself had raised loan from many people and

he himself was due and therefore, he had no financial

capacity to advance the amount, but admittedly he has not
15

C.C.No.4014/2022

chosen to place any probable evidence to appreciate the fact

of he raising a loan from many peoples and so also, to

disbelieve the financial capacity of the complainant. When

the accused has failed to elicit the fact of the complainant

raising a loan from many peoples and he facing a financial

crisis, merely taking the said defence would not permit the

accused to say that, he has rebutted the presumption so as

to disbelieve the financial capacity of the complainant.

Perhaps, the very admission of the accused that, the

complainant owning the garments and he using his

vehicles for the purpose of transportation of garment

materials suffices that, the complainant was financially well.

16. As said above, though the complainant has taken

a contention that, it is a complainant who had borrowed

Rs.3 lakh from him and the said amount which is being

transferred through NEFT on 10.07.2018 and 11.07.2018 is
16

C.C.No.4014/2022

the repayment of the alleged loan amount, but again the

accused has not chosen to produce any iota of evidence to

appreciate the said defence. Perhaps, in his evidence he has

categorically admitted that, he has no proof to show that, he

had advanced Rs.3 lakhs to the complainant. Here, it is

relevant to note that, when the accused claim that, the

referred amount is the repayment of the alleged loan

amount, he could have got reduced the said fact in writing,

which admittedly not forthcoming. Even, the complainant

has categorically denied the suggestion posed in the cross-

examination. When, the accused has utterly failed to elicit

the fact of the repayment by placing the probable evidence,

it cannot be said that, he has rebutted the presumption

and that, the transferred amount is the alleged loan

amount. In the absence of the evidence, it has to be

construed that, the amount transferred by the complainant
17

C.C.No.4014/2022

to the account of the accused is the loan amount as pleaded

in the complaint and not the defence as raised by the

accused.

17. Here, there accused has also taken a specific

contention that, he was owning five transport vehicles and

he was getting a good rental incomes and therefore, he was

financially well. Perhaps, he contends that, one of his driver

by name Manju had borrowed Rs.2 lakhs in the year 2017

from the complainant on the monthly interest of Rs.5%.

The said Manju was paying interest of Rs.10,000/- p.m.

While he raising the loan, the complainant had collected the

on demand promissory note and the blank cheque of the

said Manju and so also, collected the blank disputed

cheque of the accused as he was the employer of the said

Manju towards the security purpose. The said Manju

happens to have cleared the entire loan amount, but due to
18

C.C.No.4014/2022

pandemic of Covid-19 was reported to be dead and

therefore, taking the advantage of his death, the

complainant alleges to have filed the present complaint to

gain unlawfully. So, here the accused takes a serious

contention that, it is the Manju who had borrowed the loan

and he had issued the disputed cheque towards the security

purpose. But, by gathering the entire oral and documentary

evidence, it goes to indicate that, the defence raised by the

accused appears to be unacceptable as he has not chosen

to establish the said fact by eliciting from the mouth of the

PW.1 or by placing the probable evidence. Here, it is

relevant to note that, though the accused claim that he

owns five transport vehicle and he had drivers by name

Ranganna, Manju Ranganath, Prakash and Rangaswamy,

but either, he chosen to produce any piece of evidence to

show that he had five vehicles or had the above referred
19

C.C.No.4014/2022

drivers. No doubt, the accused claim that he has sold all the

vehicles, but nothing had prevented him to produce the

previous documents of the vehicles or to examine the above

referred drivers or the purchased owners so as to appreciate

his defence. The accused claims that, he used to pay

Rs.18,000/- as a salary to the drivers. He could have

produced some account ledger or any proof to appreciate

the said defence. He has not made out the ground as to why

he has not chosen to examine any one of the driver so as to

appreciate his defence. When, the accused failed to produce

any iota of evidence with regard to he owning the vehicle

and also the drivers, it cannot be said that, he was the

owner of five vehicles and he had the drivers as referred

above.

18. Here, it is relevant to note that, though the

accused claim that he had a driver by name Manju who
20

C.C.No.4014/2022

alleged to had borrowed Rs.2 lakhs from the complainant in

the year 2017 for which he alleges to have issued the blank

disputed cheque towards the security purpose, but again he

has not produced any piece of evidence to establish that,

there was an existence of a person called Manju and that,

he alleged to have raised loan from the complainant. Here,

the accused has not made out a case as to why the said

Manju had borrowed the loan from the complainant and

that, he being the employer of the Manju had handed over

the blank cheque to the complainant. This defence appears

to be unacceptable. Perhaps, when he himself claims that,

he was financially well, he could have advanced the loan of

Rs.2 lakh to the said Manju, rather he standing as a surety

for the loan raised with the complainant. Moreso, the

employer standing as a surety or a guarantee to the

employee for the loan raised from the 3rd person appears to
21

C.C.No.4014/2022

be unacceptable. Perhaps, there is no proof forthcoming to

hod that, there was a loan transaction between the Manju

and the complainant. Even, there is no evidence

forthcoming to hold that, the disputed cheque was being

issued towards the security purpose.

19. Even, for a moment if it is construed that, the

said Manju had borrowed loan from the complainant by

handing over the disputed cheque towards the security

purpose, but when the accused claim that, the said Manju

was paying interest of Rs.10,000/- and so also, he has

repaid the entire receipt amount of Rs.2 lakh, nothing had

prevented him to demand the return of the cheque in

writing. There is no probable evidence to establish the

repayment of the alleged loan as claimed by the defence.

Either, he has mentioned the mode of repayment or the

particular year of its payment. Nothing, had prevented the
22

C.C.No.4014/2022

accused to demand the return of the cheque in writing and

also, to initiate some complaint in case of the complainant

refusing to return the cheque. Much less, he could have

requested his bank to stop the payment of the cheque by

disclosing the real incident, rather the Ex.P.2 would

indicate that it is being dishonored for want of sufficient

funds. Forgetting this, he could have replied the demand

notice by taking his initial stand. He has not chosen to reply

it.

20. Here, it is relevant to note that, though he has

taken a defence that no notice was being served on him, but

in the course of his cross-examination, he has categorically

admitted the signature appearing in the postal

acknowledgment at Ex.P5 does pertains to his wife. The

admission reads like this, “ನನ್ನ ಹೆಂಡತಿಯ‍ ಹೆಸರು ಲೀಲಾವತಿ. ನಾನು

ಮನೆಯಲ್ಲಿ ಇಲ್ಲದ ಪಕ್ಷದಲ್ಲಿ ನಮ್ಮ ಮನೆಯವರು ಅಂಚೆ ಪತ್ರವನ್ನು ಪಡೆಯುತ್ತಾರೆ
23

C.C.No.4014/2022

ಎಂದರೆ ಸರಿ. ನಿಪಿ.5 ರಲ್ಲಿ ಕಂಡು ಬರುವ ಸಹಿಯು ನನ್ನ ಹೆಂಡತಿಯ ಸಹಿ ಎಂದರೆ

ಸರಿ”. So, this admission suffices that, the demand notice

was being served on the accused through his wife. If really,

his defence is probable and acceptable, he could have

certainly replied the notice. In the decision reported in 2019

SCC OnLine Kar.2117- V.R.Shresti Vs., Bhaskar.P,

wherein the Hon’ble High court has opined that, if really the

accused had no transaction with the complainant, he

would have given reply to the notice and not replying the

same would go to establish that, the defence made is false

and the court should draw the presumption against the

accused for not replying the legal notice. The decision aptly

applies to the case in hand. Not replying the notice at the

initial stage would hold no water so far the defence case is

concerned and in this background, the case of the

complainant has to be accepted by drawing presumption.
24

C.C.No.4014/2022

21. So, when these facts are taken into consideration,

it indicates that, having the accused not replied the demand

notice, has indirectly admitted the loan transaction. It is

relevant to note that, though the complainant has not

produced any documentary evidence with regard to the

payment of Rs.3 lakh through cash, but the very issuance

of cheque at Ex.P.1 would indicate that, there was a loan

transaction for Rs.6 lakhs. Moreso, the very denial of the

accused with regard to the receipt of Rs.3 lakh through

NEFT, itself also suffices that his intention is to avoid the

liability under the disputed cheque. When, the accused

claims that, he had issued the cheque towards the security

purpose for the loan raised by the said Manju, rather he

issuing a blank cheque, he could have mentioned the

amount in the cheque which would have supported his

defence. But, admittedly having the accused failed to place
25

C.C.No.4014/2022

the probable evidence so as to establish his defence and on

the other hand, having the complainant placing the

disputed cheque with the demand notice and also,

corroborating Ex.D.1, I am of the considered view that, the

complainant has established his financial capacity to

advance Rs.6 lakhs and also, established the loan

transaction of Rs.6 lakhs.

22. In the decision reported in (2021) 5 SCC 283 –

Kalamani Tex and Another., Vs. P.Balasubramanian,

(2010) 11 SCC 441- Rangappa Vs. Sri.Mohan., wherein

it is held that, when once the signature of an accused on

the cheque is established, than the reverse onus clauses

become operative, also aptly applies to the case in hand.

When the complainant has established the accused having

issued the cheque at Ex.P.1 towards the discharge of loan

liability and their existed a legally enforceable debt, the
26

C.C.No.4014/2022

onus to disprove it, shifts on the accused which is not been

proved by placing positive evidence. In this background,

having the accused not disputed the complainant case by

placing positive evidence, I am of the considered view that,

the cheque issued by the accused at Ex.P.1 is for the legally

enforceable debt and this fact is being established by the

complainant by placing cogent and positive evidence which

is not rebutted by the other side.

23. It is need less to say that, documentary evidence

do prevail on the oral evidence. So, in this back ground

when the provisions U/s.118 and 139 of N.I. Act is looked

into, it raises the presumption in favour of the holder of the

cheque that, he has received the same for discharge in

whole or in part of any debt or other liability. It also

permits the complainant to fill the cheque having

established the Ex.P.1 being issued towards the discharge
27

C.C.No.4014/2022

of loan liability. As said above, the accused has not

disputed the cheque does pertains to him. It could be said

that, the accused has not disputed the cheque in question

and signature found therein. When the drawer has admitted

the issuance of cheque as well as the signature present

therein, the presumption envisaged U/s.118 R/w.139 of

N.I.Act would operate infavour of the complainant. The said

provisions lies on a special rule of evidence applicable to

negotiable instruments. The presumption is one of law and

thereunder the court shall presume that, the instrument

was endorsed for consideration. So also, in the absence of

contrary evidence on behalf of the accused, the presumption

U/s.118 of N.I.Act goes in favour of the complainant. No

doubt, as said statutory presumptions are rebuttable in

nature, but when the complainant has relied upon the

statutory presumptions enshrined U/s.118 R/w.Sec.139 of
28

C.C.No.4014/2022

N.I.Act, it is for the accused to rebut the presumption with

cogent and convincing evidence.

24. It is worth to note that, Sec.106 of Indian Evidence

Act postulates that, the burden is on the accused to

establish the fact which is especially within its knowledge.

This provision is exception to the general rule that, the

burden of proof is always on the prosecution to establish

its case beyond all reasonable doubt. In that view of matter,

the burden is on the accused to prove that, the cheque in

question was not issued for discharge of any liability. But,

despite the accused has taken the defence that, the Ex.P.1

was not issued towards the legal liability to the

complainant, but the said fact and the version is not been

established. From the discussion made supra, it could be

said that, the complainant has established his case by

placing positive evidence. On the other hand, the accused
29

C.C.No.4014/2022

failed to to establish his defence by placing probable defence

and also, failed to elicit the said fact from the mouth of the

PW.1. In this back ground, the case of the complainant

requires to be accepted. The evidence placed on record

establishes that, the complainant has proved that, for

discharge of the liability, the accused has issued Ex.P.1 and

it is being dishonored as per Ex.P.2. Therefore, Point No.1

is answered in the “Affirmative’.

25. Point No.2:- For the reasons discussed in the

point No.1, the complainant has proved the guilt of the

accused punishable U/s.138 of N.I.Act. The Hon’ble Apex

Court also dealt in the decision reported in (2018) 1 SCC

560, M/s. Meters and Instrument Pvt. Ltd., Vs.

Kanchana Mehta., wherein It is held that “the object of

provision being primarily compensatory, punitive element

being mainly with the object of enforcing the compensatory
30

C.C.No.4014/2022

element, compounding at the initial stage has to be

encouraged, but is not debarred at the later stage subject to

appropriate compensation has may be found acceptable to

the parties or the court”. By considering the decision, it could

be said that, the time when the transaction has taken place

and the primary object of the provision being kept in mind, I

am of the considered view that rather imposing punitive

sentence, if sentence of fine is imposed with a direction to

compensate the complainant for its monetary loss by

awarding compensation with interest U/s.396 of BNSS

2023, it would meet the ends of justice. By considering these

aspects, I am of the considered view that, it would be just

and proper to impose fine of Rs.6,05,000/-. Out of the

compensation of Rs.6,05,000/-, an amount of Rs.6,00,000/-

shall be awarded to the complainant U/s.396 of BNSS 2023.

Accordingly, I proceed to pass the following
31

C.C.No.4014/2022

ORDER

Acting U/s.278(2) of BNSS -2023
(Old Correspondence No. 255(2) of Code of
Criminal Procedure
), the accused is convicted for
the offence punishable under section 138 of the
Negotiable Instruments Act, the accused is
sentenced to pay fine of Rs.6,05,000/- (Rupees
Six Lakhs and Five Thousand only).

In default thereof, the accused shall undergo
simple imprisonment for the term of one year.

Acting U/s. 396 of BNSS – 2023 (Old
Correspondence No. 357(1)(b) of Cr.P.C), it is
ordered that, Rs.6,00,000/- (Rupees Six Lakhs
only), there from shall be paid to the complainant
trust as compensation. The remaining fine amount
of Rs.5,000/- (Rupees Five Thousand only) is
defrayed to the state for the expenses incurred in
the prosecution.

32

C.C.No.4014/2022

The office is to furnish the free copy of this
Judgment to the accused forthwith.

(Directly dictated to stenographer on computer, typed by her, revised by me and
then pronounced by me in the open court on this the 12h day of August 2025).

Digitally signed

                                   JAI     by JAI SHANKAR
                                   SHANKAR J
                                           Date: 2025.08.12
                                   J       13:40:50 +0530

                                           (JAI SHANKAR.J)
                              XXII Addl. Chief Judicial Magistrate,
                                          Bengaluru.

                               ANNEXURE

List of witnesses examined on behalf of complainant:-

PW.1 : Sri. A.N. Ramesha

List of exhibits marked on behalf of complainant:-

Ex.P.1                 : Original cheque
Ex.P1(a)               : Signature of the accused

Ex.P2                  : Bank Memo
Ex.P3                  : Legal notice
Ex.P4                  : Postal receipt
Ex.P5                  : Postal acknowledgment
                             33

                                            C.C.No.4014/2022

List of witnesses examined on behalf of the accused:-

DW.1 : Sri. Rajanna

List of exhibits marked on behalf of the accused:-

Ex.D.1            : Bank statement
Ex.D.1(a)         : Certificate U/s. 65B of Indian
                    Evidence Act
                                        Digitally signed
                     JAI                by JAI SHANKAR
                     SHANKAR            J
                                        Date: 2025.08.12
                     J                  13:40:45 +0530
                                 (JAI SHANKAR.J)
                     XXII Addl. Chief Judicial Magistrate,
                                Bengaluru.
 34

     C.C.No.4014/2022
 



Source link

LEAVE A REPLY

Please enter your comment!
Please enter your name here