Bangalore District Court Bafna Clothing Company Private Limited vs M/S Sri Durga Traders on 15 March, 2025 C.C.NO.20844/2024 0 KABC030363192024 Presented on : 29062024 Registered on : 29062024 Decided on : 15032025 Duration : 0 years, 8 months, 16 days IN THE COURT OF THE XXVIII ADDL. CHIEF JUDICIAL MAGISTRATE, BENGALURU CITY Present: Soubhagya.B.Bhusher, B.A.,LL.B.,LL.M XXVIII A.C.J.M, Bengaluru City. DATED; THIS THE 15th DAY OF MARCH2025 C.C.NO.20844/2024 Complainant: M/s.Bafana Clothing Company Private Limited, R/by its Authorized Representative, Mr.Dinesh Jain.C, No.7/1, 2nd Cross, Lalbagh Road, Bengaluru Urban, Karnataka560027. (By Sri.Anish.P.Bhojani.,Adv.,) V/s Accused: M/s.Sri Durga Traders, Proprietor, Ms.Sunitha, No.222/17, 22/18, Durga Complex, Main Road Ujire, Belthangady, Dakshina Kannada, Karnataka574240. Phone No.9980865208. GSTIN29GNDPS8481M1ZV. (By Sri.Raju.N & Ors.,Advs.,) :JUDGMENT: This case arises out of the private complaint filed by the complainant against the accused under section C.C.NO.20844/2024 1 200 of Cr.P.C., for an offence punishable under section 138 of Negotiable Instruments Act. 2. The case of the complainant's in brief is as under: It is the case of the complainant is that the complainant is a private limited company and is in a business of manufacturing of garments. The accused and the complainant share a longterm relationship. That during the said period, as per the order placed by the accused and its officers, the complainant sold and supplied goods to the accused for immediate payment upon raising the invoices. It is further stated that the orders was delivered within the stipulated time to the accused fullest satisfaction without any delay, default of defect. In the initial days of business, the accused cleared the invoice amounts within the stipulated time and maintained a good financial relationship. However, for the other invoices the accused paid part of the invoice amount in installments and pleaded for further time. Pertinently, the accused promised to settle the balance payment along with interest. However, even after several months of raising the invoices, the accused was reluctant in clearing the pending dues of the complainant. Subsequently, the complainant realized that the accused is chronic defaulter and they decided to stop the supply of products. Further stated that after repeated reminder the accused had issued the cheque No.001268 dated: 17.02.2024 for C.C.NO.20844/2024 2 Rs.1,00,000/ drawn on Bank of Baroda, Ujire Branch. The complainant had presented the said cheque for encashment through its banker Kotak Mahindra Bank Ltd., K.H.Road branch, Bangalore. But the said cheque was dishonored on 08.04.2024 as "Payments Stopped by Drawer". Thereafter, on 24.04.2024 the complainant got issued a legal notice to the accused through its counsel, calling upon her to pay the cheque amount. The said notice was returned on 30.05.2024. After issuance of the legal notice the accused neither reply to the notice nor paid the cheque amount. As such, the accused have committed an offence punishable under section 138 of N.I.Act. Hence, the present complaint came to be filed before this court on 11.06.2024. 3. After the complaint was filed, the cognizance of the offence cited therein was taken. Sworn statement of the complainant was recorded. Since there were sufficient materials to proceed against the accused, an order was passed on 22.06.2024 to register the case in Register No.III and it was registered as a criminal case. 4. Thereafter, summons was issued to the accused and she appeared before the court through advocate and secured bail. She was furnished its necessary papers as complied under section 208 of Cr.P.C. Thereafter, the plea of the accused was recorded by the court. She has pleaded not guilty and claimed to be tried. C.C.NO.20844/2024 3 5. The complainant in support of its case, have examined its Authorized Representative as PW.1 and got marked 14 documents at Ex.P.1 to 14 and closed its side. Inspite of suffici