Bangalore District Court Praveen H R vs Suman Krishnapur Ramakrishnan on 2 May, 2025 KABC030559982022 IN THE COURT OF THE XV ADDL. CHIEF JUDICIAL MAGISTRATE, AT BANGALORE Dated this the 2nd day of May, 2025 PRESENT:Smt. Namrata Rao.K.S B.A.L, L.L.B., M.B.L., XV ACJM,. BENGALURU. C.C.No.22118 of 2022 Complainant : Sri. Praveen H.R Aged about 44 years, S/o Ramaswamy Iyer, R/at No.70, KEB Layout, 2nd Main Road, 2nd & 3rd Cross, Katriguppe, Bengaluru560 085. (By Sri. Manjunath. B.K, Advocate) V/s Accused : Sri.Sri. Suman Krishnapur Ramakrishnan, No.3442, VBHBS Layout, Girinagar, Hosakerehalli Cross, BSK 3rd Stage, Bengaluru560 085. (By Sri.Kishan Dutt Kalaskar, 2 C.C.No.22118/2022 Advocate ) 1. Cognizance taken on 11.07.2022 2. Plea recorded on 02.12.2022 3. Offence alleged U/Sec.138 of N.I Act 4. Evidence Commenced 29.06.2022 on 5. Evidence closed on 04.10.2023 6. Judgment 2nd Day of May, 2025 Pronounced on 7. Final Order Accused is Acquitted XV ACJM, Bengaluru. JUDGMENT This case has arisen as a result of the complainant filing a complaint against the accused under Section 138 of the Negotiable Instruments Act. 2. The relevant facts required to adjudicate this case are as follows: 3 C.C.No.22118/2022 The complainant and the accused are known to each other since three years. The accused is employed with ABB Global Industries & Services Private Limited and is also owning a company by name CAPS4 Technosoft Private Limited. The accused approached the complainant for a loan of Rs.5 lakhs in the month of February 2020. The complainant considering the relationship between him and the accused got a personal loan from his banker HDFC Bank and advanced the loan to the accused on 29.02.2020 for an amount of Rs.1,17,878/ and on 03.03.2020 another amount of Rs.4,52,278/ has been advanced to the accused. There was an oral agreement between the complainant and the accused that the accused would repay this loan along with interest so imposed by the banker. The accused was also informed of the balance pending with the bank via 4 C.C.No.22118/2022 email dt:14.09.2020. As the accused failed to refund the said amount, after persistent demand the accused issued the cheque bearing No.077907 dated:04.02.2022 for a sum of Rs.5,58,638/ drawn on ICICI Bank, OTC Road branch, Bengaluru. 3. Upon presentation of the said cheque, it was dishonoured for the reason "Funds Insufficient". Therefore, a legal notice was issued to the accused on which was served upon him. The accused neither paid the amount nor replied to it. Hence, this complaint. 4. On presentation of the complaint, the cognizance for the offence was taken. Pursuant to the issuance of the summons, the accused made appearance before this court and the accused is on bail throughout the trial. 5 C.C.No.22118/2022 5. On compliance of Section 207 of Cr.P.C, the plea was recorded. The accused pleaded not guilty, claimed defense. 6. The Complainant has examined himself as PW.1 and the documents Ex.P1 to Ex.P13 are marked. The statement of the accused u/S 313 statement was recorded. The accused has denied all the incriminating evidence against him. The accused examined himself as DW.1 and Ex.D1 to D3 documents got marked on his behalf. 7. I have given a careful consideration to the arguments advanced by the counsel for both sides. I have carefully perused the records. 8. In view of the materials placed on record, The following points arise for my consideration: 6 C.C.No.22118/2022 1. Is there a legally recoverable debt? 2. Whether the complainant proves that the accused has committed the offence punishable under section 138 of N.I.Act? 3. What Order? 9. My findings fo