Vinay vs Naveen on 4 March, 2025

0
200

Bangalore District Court

Vinay vs Naveen on 4 March, 2025

                          1

                                           C.C.No. 27387/2019




KABC030848232019




                       Presented on : 18-11-2019
                       Registered on : 18-11-2019
                       Decided on    : 04-03-2025
                       Duration      : 5 years, 3 months, 16 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 4TH DAY OF MARCH 2025

       JUDGMENT U/s.278(2) of BNSS -2023
  (OLD CORRESPONDENCE NO. 255(2) OF CODE OF
            CRIMINAL PROCEDURE

C.C.NO.               : 27387/2019

COMPLAINANT           : Sri. K.K. Vinay,
                        S/o. Sri. K.B. Krishnaiah Setty,
                        Aged about 44 years,
                        Residing at No.35,
                              2

                                             C.C.No. 27387/2019




                           12th Cross, 1st Main Road,
                           Kengeri Satellite Town,
                           Bengaluru - 560 060.

                           (By Sri. V.S. Narayana. Adv.,)

                           V/s.
ACCUSED                   : Sri. Naveen.V,
                            S/o. Vishwanath,
                            Aged about 42 years,
                            Residing at No.890, 1st Floor,
                            3rd Cross, Ashok Nagar,
                            BSK I Stage,
                            Bengaluru - 560 050.
                           (By Sri. Suneel S Narayan., 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             : 04.03.2025

                          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. 27387/2019

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

under:

It is contended that, the complainant and the accused

are known to each other from past 10 years and under such

acquittance, the accused used to borrow a hand loan of

Rs.11 Lakhs from the complainant for improvement of real

estate business on different dates and promised to repay

the said amount with a span of period. Towards repayment

of the loan amount, the accused has paid a sum of Rs.1

Lakh to the complainant by way of cash on 11.10.2018 and

for remaining amount, the accused has issued two post

dated cheques bearing No.295522, dt: 30.04.2019 for a sum

of Rs.5 Lakhs and another cheque bearing No. 295534, dt:

20.06.2019 for a sum of Rs.5 Lakhs both drawn on IDBI

Bank, JP Nagar Branch, Bengaluru. assuring that, on its
4

C.C.No. 27387/2019

presentation, it would be honoured. Believing the

representation, when the complainant presented the

cheques through his banker ie., Bank of India, Jayanagar

Branch, Bengaluru, it dishonored with shara as “Drawers

signature Differs” dt: 25.06.2019. Thereby, the complainant

got issued the demand notice dt:20.07.2019 through RPAD

and courier which were served on the accused on

23.07.2019 & 22.07.2019, respectively. But despite of

which, he has not chosen to comply the same, 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
5

C.C.No. 27387/2019

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

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.295522,
dt: 30.04.2019 for a sum of Rs.5 Lakhs
and another cheque bearing No. 295534,
dt: 20.06.2019 for a sum of Rs.5 Lakhs
both drawn on IDBI Bank, JP Nagar
Branch, Bengaluru, towards discharge of his
liability which was returned unpaid on
presentation for the reason “Drawer
Signature Differs” 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?

6

C.C.No. 27387/2019

5. The sworn statement and the documents marked

at Ex.P.1 to P.8 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

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

no evidence from his side.

6. Heard. The defence has also filed written

arguments. The counsel for the complainant has relied

upon the decisions referred below:

1. (2019) 18 SCC 106 – Rohitbhai Jivanlala Patel Vs.
State of Gujarat
and another.,
7

C.C.No. 27387/2019

2. (2015) 8 SCC 378 – T. Vasanthkumar Vs.
Vinayakumari

3. (2021) 5 SCC 283 -Kalamani Tex Vs.P,
Balasubramanian

4. (2018) 8 SCC 469 – T.P. Murugan Vs. Bojan & Posa
Nandhi Rept byy through power of attorney holder T.P.
Murugan Vs. Bojan

5. (2018) 8 SCC 165 – Kishan Rao Vs. Shankargouda

6 (2022) 1 SCC 742 – Triyambak S. Hegde Vs. Sripad

7. Crl.Rev. P No.2011/2013 – Gajanan Vs. Appasaheb

8. Crl Rev.P No.932/2021 – D.B. Jatti Vs. Naraindas
Bodaram

The defence has also relied upon the decisions referred

below:

1. (2014) 2 SCC 236- John K Abraham Vs. Simon C
Abraham and another

8

C.C.No. 27387/2019

2. (2015) 1 SCC 99 – K Subramani Vs. K. Damodara
Naidu

3. 2007(7) Supreme 500- K. Prakashan Vs. P.K.
surenderan

4) 2021(4) KCCR 2869 – Mohammad Ashraf Vs. B H A
Ravi

5) 2019(3) KCCR 2126 (SC) – Anns Rajashekar Vs.
Augustus Jeba Ananth

6) (2009) 2 SCC 513 – Kumar Exports Vs. Sharma
Carpets

7) LAW (KAR) 2012 10 101 – Lakshmi Subramnya Vs.
B.V.Nagesh

8) (2019) 5 SCC 418 – Basalingappa Vs. Mudibasappa

9) 2012(3) KCCR 2057 – Veerayya Vs. G.K. Madivalar

10) 2011(3) KCCR 1825 – (Crl. A No.1136/2004) – M/s.

Inted Distributors Mangalore Vs. Geetha K Rai
9

C.C.No. 27387/2019

11) 2010(5) KCCR SN 435 (Crl.A No.137/2007) – B.
Girish Vs. S.Ramaiah

12) H.R. Nagarathna Vs. Jayashreeprasad

13) Crl.Appeal No.2637/2009 DD No. 23/10/2013 –
Shivalingappa Vs. Basagonda

14) Crl. Appeal No. 2558/2009 – DD 29/10/2013 –
Mallappa Gangappa Halingali Vs. Basavaraj Murigeppa
Gani

15) 2011(3) AIR Kar 434 – Girish Vs. S. Ramaiah

16) (2008) 1 SCC 258 – K. Prakashan Vs. P.K.
Surenderan

17) Crl. Appeal No.939/2010 DD – 7.8.2019 –
Yeshwanth Kumar Vs. Shanth Kumar N)

18. Crl.Appeal No.405/2018 – Sri. P.R. Sarveshwar
Reddy Vs. Sri. A Somashekar Reddy

19. Crl. R.P No.844/2016- Smt. Annapoorna Vs. S.P.
Nandish
10

C.C.No. 27387/2019

20. Crl. Appeal No. 3257/2024 – Sri.Dattatraya Vs.
Sharanappa
.

All the decisions and judgments relied by the parties

are dealt on the point of burden of proof, presumption,

rebuttable presumption and the financial capacity.

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.295522, dt: 30.04.2019 for a
11

C.C.No. 27387/2019

sum of Rs.5 Lakhs and another cheque bearing No. 295534,

dt: 20.06.2019 for a sum of Rs.5 Lakhs both drawn on IDBI

Bank, JP Nagar Branch, Bengaluru, which is being

dishonored with shara as “Drawer Signature Differs”.

Thereby, he got issued the legal notice which is being

served, but the accused has not chosen to comply it, which

has given a cause of action to file the complaint.

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 &

P2 the cheques dt: 30.04.2019 & 20.06.2019, respectively.

The said cheques are returned with an endorsement as

Drawer signature differs as per Ex.P3 & 4 respectively, the

return advise dt:25.06.2019, the Ex.P.5 is the office copy of
12

C.C.No. 27387/2019

the legal notice dt:20.07.2019, Ex.P 6 is the postal receipt,

Ex.P.7 is the postal acknowledgment and Ex.P.8 is the

courier receipt. The postal acknowledgment would indicate

the service of notice on dt: 23.07.2019. The present

complaint is filed on 30.08.2019. 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 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,
13

C.C.No. 27387/2019

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.

11. A combined reading of the referred sections

raises a presumption infavour 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. 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
14

C.C.No. 27387/2019

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.

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

accused has really rebutted the presumption available

under the law which requires due consideration. It is an

undisputed fact that, the disputed cheques at Ex.P1 & P2

does belong to the accused. Even it cannot be denied that,

on the presentation of the disputed cheques, both the

cheques are being dishonorued with the shara as Drawer

signature differs. Here, the complainant claims that, as the

accused was well acquainted with him had borrowed

Rs.11 Lakhs and towards the repayment, he had paid Rs.1

lakh and towards the repayment of the balance amount had

issued the disputed cheques which are being dishonored
15

C.C.No. 27387/2019

and thereby, he has issued the demand notice which is

being served, despite which the accused has not complied

his demand. So, therefore he claims that, having he

established these facts, he is entitled to claim presumption

U/s.118 & 139 of N.I.Act. However, the accused though

admit the acquaintance of the complainant, but he totally

deny the loan transaction and issuance of the cheque to

the complainant. On the other hand, he contend that, he is

doing a real estate business and he was forming a layout at

Srirangapatna in which the complainant intended to invest

and accordingly, he had invested. He also contends that, as

he could not get the good profit from the investment and

though he is a resident of Mahalakshmipuram layout and

though the Kengeri police station come within his limits

where he resides, but by using his influence at

Byatarayanapura police station has forcibly obtained three
16

C.C.No. 27387/2019

signed blank cheques from the accused. He has also

questioned the financial capacity of the complainant and

thereby, claiming that, he has rebutted the presumption

seeks for acquittal.

13. In this back ground, if the rival claims of the

parties are taken into consideration, the initial burden is

upon the complainant to establish the loan transaction and

the accused issuing the disputed cheque towards the

discharge of loan liability. As said, the burden is upon the

complainant to establish the loan transaction. As said

above, the disputed cheque at Ex.P.1 & 2 does belongs to

the accused is not in dispute. So also, the disputed

cheques at Ex.P.1 & P.2 are being dishonored with the

shara as drawer signature differs is also not in dispute. So,

this shara indicates that, the disputed cheques are being

dishonored on the ground that, the signatures found in
17

C.C.No. 27387/2019

the disputed cheques do differ with the specimen signature

of the accused submitted to the bank. Here, it is relevant to

note that, though the accused has taken a defence that, he

was brought to the station and was forcibly obtained three

cheques, but nowhere in the entire cross-examination of

PW.1, has disputed the signatures appearing in the

disputed cheques. Perhaps, he has categorically admitted

that, he had issued only a blank signed cheques as a

security for the purpose of developing the property which

itself again suffices that, the signature found in the

disputed cheques does belongs to the accused. Here, it

would be appropriate to extract the admission which reads

like this, “ವಿವಾದಿತ ಚೆಕ್ಕನ್ನು ಅರೋಪಿಯು ಕೇವಲ ಸಹಿ‍ ಮಾಡಿ

ನಿವೇಶನಗಳನ್ನು ಅಭಪಿಿವೃದ್ದಿ ಪಡಿಸುವ ಭದ್ರತೆಯ ಸಲುವಾಗಿ ಕೊಟ್ಟಿರುತ್ತಾರೆಂದರೆ

ಸರಿಯಲ್ಲ”. So, here this admission suffices that, the
18

C.C.No. 27387/2019

signatures appearing in the disputed cheques are done by

the accused with an intention to get it dishonored.

14. It is relevant to note that, the accused has

seriously disputed the financial capacity of the complainant

in advancing Rs.11 Lakhs or Rs.10 lakhs, as a case may

be. In other words, he has disputed the financial capacity of

the complainant to advance the said amount to him. Here,

the complainant claims that, he had advanced Rs. 11

lakhs after he availing loan from LIC, Kotak Mahindra

Bank, ICICI bank and also, after availing a personal loan

on credit card had handed over the said amount to the

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

complainant has undertaken to produce the documents to

this regard, but he has not chosen to produce it. But,

however merely the complainant not producing the said

documents would not be a fatal to the complainant case so
19

C.C.No. 27387/2019

as to appreciate his financial capacity in advancing Rs.11

lakhs. Because, the very evidence placed on the record

would justify the financial capacity of the complainant. As

said, the accused nowhere disputes his well acquaintance

with the complainant. He claims that, the complainant had

come forward to invest in the real estate business and

since, he was forming a layout at Srirangapatna, the

complainant had invested the amount and since, he did

not get a good profits, he happens to have forcibly obtained

the disputed cheques in station. Nowhere, the accused has

specifically contended as to what is the exact amount that

was being invested by the complainant and he has also not

produced any documents to show that, he had formed the

layout at Srirangapatna.

20

C.C.No. 27387/2019

15. It is not in dispute that, the accused is doing a

real estate business and it is also not in dispute that, the

complainant is a medical representative of distributing the

medicines. Here, when the accused has taken a specific

contention that, the complainant had invested the amount

in forming the layout or the real estate business as the case

may be, he indirectly admits the financial capacity in

advancing the amount which cannot be brushed aside.

Moreso, the defence raised by him also makes more

relevant so as to appreciate the claim of the complainant.

Because, by not only perusing the oral and documentary

evidence available on record, it indicates that, the accused

has utterly failed to establish his defence by entering the

witness box, but the cross-examination of the PW.1 also

indicates that, the accused has not chosen to complete the
21

C.C.No. 27387/2019

cross-examination of PW.1 which itself suffices that, the

accused has failed to rebut the presumption.

16. Perhaps, at one breath he claims that, having

the complainant suffered a loss in investing in the real

estate business and he was forced to issue the cheque in

the station, but at another breath he takes the defence that,

he had issued the disputed cheques with another cheque

towards the security purpose for having the complainant

invested in developing the property. Here, the accused has

taken two folded defence which is not being established by

placing the probable evidence. For a moment, if it is

construed that, the complainant had falsely filed the

complaint before the Byatarayanapura Police station by

using influence and had obtained the disputed cheques

with another cheque through force, but when the accused

is so particular that, he is not due for any amount as
22

C.C.No. 27387/2019

claimed by the complainant and that, he was forced to

issue the disputed cheques, certainly nothing had prevented

the accused to initiate some action against the complainant

or on the officers working in the station to their superior

officers. Even, the accused has not specifically contended

his inconvenience for not initiating any legal action against

the complainant or the officials. Even, the accused had no

impediment to demand the return of the disputed cheques

with other cheques in writing, which admittedly not

forthcoming.

17. Moreso, even he had no impediment to request his

bank to stop the payment by disclosing the real incident

which again not forthcoming, but rather the Ex.P.3 & 4

would speak otherwise. If really, the disputed cheques were

obtained through force and if the accused had stopped the

payment of the cheques by disclosing the real incident,
23

C.C.No. 27387/2019

certainly, the said evidence would have supported his stand.

It would not be wrong to say that, when the accused has

taken a particular defence, more particularly the allegation

of the complainant using his influence on the police

officials and obtaining the cheques forcibly, he ought to

have made some efforts which would have certainly come to

his rescue. Perhaps, even, he has not made any efforts to

reply the demand notice by putting forth this defence. Here,

the service of demand notice at Ex.P.7 & 8 is not being

denied by the accused. Even, through out the cross-

examination of the Pw.1, nowhere he has suggested the

non service of the demand 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
24

C.C.No. 27387/2019

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. Absolutely there is no evidence

available on record to appreciate the defence claim.

Perhaps, it indicates that, after thought the accused has

taken this defence. Here, it relevant to note that, no prudent

man would issue the cheque and squat over the matter,

unless it is being issued towards a legally recoverable

liability. It would not be wrong to say that, the defence

raised by the accused is totally contradictory to his stand

which is not corroborated with the evidence. In other
25

C.C.No. 27387/2019

words, it suffices that, having the accused failed to establish

his defence, an inference could be drawn that, the

complainant has established his case for having advanced

Rs.11 lakhs to the accused and the accused issuing the

disputed cheques towards the discharge of legal liability.

18. 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 & P2 towards the discharge of

loan liability and their existed a legally enforceable debt, the

onus to disprove it, shifts on the accused which is not been
26

C.C.No. 27387/2019

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 & P2 are 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.

19. 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 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
27

C.C.No. 27387/2019

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 N.I.Act, it

is for the accused to rebut the presumption with cogent and

convincing evidence. To put it in other way, the burden lies

upon the accused to prove the cheque in question at Ex.P.1

& P2 were not issued for the discharge of debt or liability.

20. 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
28

C.C.No. 27387/2019

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 & P2 were not issued towards the legal

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

established.

21. 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

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. To put it in other way, the accused

though taken a probable defence, but it is not been

established by placing the positive evidence. In this back
29

C.C.No. 27387/2019

ground, it could be said that, the principle enumerated in

the decisions relied by the accused cannot be denied, but

with due respect the said decisions and judgments are not

applicable to the case in hand. The presumption of law lies

in favour of the complainant as envisaged U/s.118 R/w.

Sec. 139 of N.I.Act. 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 legal liability, the accused has

issued Ex.P1 & P2 and it is being dishonored as per Ex.P3

& P4. Therefore, Point No.1 is answered in the

“Affirmative’.

22. 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
30

C.C.No. 27387/2019

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

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 U/s.357 of Cr.P.C.,

it would meet the ends of justice. By considering
31

C.C.No. 27387/2019

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

just and proper to impose fine of Rs.10,05,000/-. Out of

the compensation of Rs.10,05,000/-, an amount of

Rs.10,00,000/- shall be awarded to the complainant

U/s.357 of Cr.P.C. Accordingly I proceed to pass the

following :.


                           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.10,05,000/- (Rupees
Ten 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.10,00,000/- (Rupees Ten Lakh
only), there from shall be paid to the complainant
32

C.C.No. 27387/2019

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.

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 4th day of March 2025).

                                  JAI                 Digitally signed by
                                                      JAI SHANKAR J
                                  SHANKAR             Date: 2025.03.04
                                  J                   17:14:43 +0530

                                           (JAI SHANKAR.J)

XXII Addl. Chief Judicial Magistrate,
Bengaluru.

ANNEXURE
List of witnesses examined on behalf of complainant:-

PW.1 : Sri. K.K. Vinay

List of exhibits marked on behalf of complainant:-

Ex.P.1 & 2             : Original cheque
Ex.P1(a) & 2(a)        : Signatures of the accused

Ex.P3 & 4              : Bank Memos
                               33

                                              C.C.No. 27387/2019



Ex.P5            : Legal notice
Ex.P6            : Postal receipt
Ex.P7            : Postal Acknowledgment
Ex.P8            : Courier receipt

List of witnesses examined on behalf of the accused:-

-Nil-

List of exhibits marked on behalf of the accused:-

– Nil-

                                          Digitally
                                          signed by JAI
                             JAI          SHANKAR J
                             SHANKAR      Date:
                             J            2025.03.04
                                          17:14:48
                                          +0530

                                   (JAI SHANKAR.J)

XXII Addl. Chief Judicial Magistrate,
Bengaluru.

34

C.C.No. 27387/2019

[ad_1]

Source link

LEAVE A REPLY

Please enter your comment!
Please enter your name here