Bangalore District Court #4 vs # 2 on 27 November, 2020 BEFORE THE COURT OF XXIV ADDITIONAL SMALL CAUSES JUDGE AND THE MOTOR ACCIDENT CLAIMS TRIBUNAL & A.C.M.M. (SCCH26) AT BENGALURU DATED THIS THE 27th DAY OF NOVEMBER 2020 PRESENT: SRI.R.MAHESHA B.A.L LLB, XXIV ADDL. SCJ & ACMM & MEMBER MACT BENGALURU. 1. Sl. No. of the Case CC.No.6264 OF 2019 2. The date of 13112019 commencement of evidence 3. The date of closing 13112019 evidence 4. Name of the M/s Adeshwar Electricals Private Limited, Complainant #4, Kashivishweshwara temple street, Sourashtrapet, Chickpet, Bengaluru560053, Rep by its Director Bharthi Jain (By Sri.B.K.S.Advocate) 5. Name of the Hormah Electro Tech(p) Ltd., Accused # 2, Ground floor, Indira Gandhi Street, Kannappa Nagar, Arumbakkam, Chennai600 106 Also at Hormah Electro Tech(p) Ltd., # No.6 Nehru street, Gangai Nagar, 1st main road, Kallikuppam, Ambattur, Chennai600 053, Rep by Bharath (Director) (By Sri.L.S.Advocate) 2 C.C.NO.6264 of 2019 6. The offence U/s.138 of the Negotiable Instruments Act complained of 7. Opinion of the Accused found guilty judge JUDGMENT The complainant filed this complaint Under Section 200 of Cr.P.C against the accused alleging that the accused has committed the offence punishable Under Sec.138 of the Negotiable Instruments Act, 1881. (In short for N.I.Act) 2. The brief facts of the complainant case is as under: The complainant involved in the business of supply of electrical items, industrial goods, and accused has approached and has purchased the required materials vide invoices total amounting to Rs.11,78,717/. The accused after repeated request by the complainant to clear the balance pending amount on 832019 has cleared a partial payment of Rs.1,49,000/ and assured and promised that the remaining amount would be cleared on a later date. The complainant informed the accused to repay the balance outstanding 3 C.C.NO.6264 of 2019 amount i.e., a sum of Rs.10,29,717/ and accused has issued four cheques in order to discharge his liability i.e., cheque bearing No.617519 dated 1782019 for sum of Rs.1,25,000/ , No.617520 dated 1782019 for Rs.3,00,000/, No.617522 dt.1782019 for Rs.3,00,000/, No.617523 dated 1782019 for Rs.2,48,717/ drawn on IndusInd Bank, Annanagar branch, Chennai, Tamilnadu. The accused had promised with an assurance that the said 4 cheques total amounting to Rs.9,73,717/ would be cleared at relevant point of presentation and stated that remaining amount would be paid within a period of one month. The said 4 cheques were deposited through banker of the complainant i.e., Indian Bank, Chickpet branch on 1782019, but to the said four cheques returned with the reasons "Funds Insufficient" dated 20082019. The complainant has informed the accused about dishonour of the cheques and requested to pay the cheque amount, but the accused did not show any inclination to repay the cheque amount to the complainant. The complainant has got issued a statutory notice through her counsel on 16092019 to the accused and the accused has 4 C.C.NO.6264 of 2019 received the said legal notice on 18092019, but accused did not comply with the demand made in the legal notice. Hence filed this complaint. 3. After perusal of the material available on record and on primafacie material grounds, this Court took cognizance and thereafter sworn statement was recorded and summons was issued to Accused. After service of summons, the accused appeared through his counsel and got enlarged himself on bail and substance of accusation was recorded as to the alleged offence under Section 138 of Negotiable Instrument Act. The Accused person pleaded not guilty and claimed to be tried. 4. The complainant himself examined as PW.1 and got marked Ex.P.1 to Ex.P14 documents i.e., cheques, bank endorsements, 2 invoices, postal receipts, legal notice, postal acknowledgment and unserved postal return cover. Thereafter the case posted for cross examination of PW1. At this stage, the