Bangalore District Court M/S. D.C.B Bank Limited vs T Sathyvani on 30 January, 2026 KABC030524632024 IN THE COURT OF THE XXVI ADDL. CHIEF JUDICIAL MAGISTRATE, AT: BENGALURU Present : Smt. NIRMALA .S. B.A.L., LL.M. XXVI Addl., Chief Judicial Magistrate, Bengaluru. DATED THIS THE 30th DAY OF JANUARY 2026 JUDGMENT U/S 355 OF Cr.P.C.1973 1. Serial number : C.C. No.31425/2024 2. Name of the : M/s. DCB Bank Limited, complainant Having its registered office at No.650/12, 2nd Cross, 2nd Main, 2nd Stage, D Block, Bee Em Avenue, Dr. Rajkumar Road, Gayathri Nagar 2nd stage, Rajajinagar, Bengaluru560 010. Rep. by its Senior Manager (By J.S. Advocates Advocate) 3. Name of the accused : Mrs. T. Sathyvani W/o T. Ramarao Aragiamara Camp, Jawalgera, Raichur584143. (By Sri. A.G. Advocate) 2 CC No.31425/2024 4. The offence : Section 138 of the N.I. Act complained of or proved 5. Plea of the accused : Pleaded not guilty 6. Final order : Accused is convicted 7. Date of order : 30012026 ****** JUDGMENT The complainant has filed this complaint against the Accused for the offence punishable U/s.138 and 142 of Negotiable Instruments Act. 2. The complainant has stated that, the accused had approached the complainant bank seeking credit facility in the form of KCC loan and assured to abide with the terms of the facility. Based on the request of the accused, the complainant bank had sanctioned a loan limit of Rs.8,54,000/ disbursed through loan account No.20245600001779. As a security towards the above 3 CC No.31425/2024 loan the accused had executed various loan documents admitting the loan and also assuring to repay the same along with the interest. However contrary to the terms and conditions governing the said loan, accused were constantly defaulting in repayment of the loan amount and have been grossly irregular and negligent in making repayment of the loan as agreed by accused under the said loan agreement. Inspite of repeated request, reminders and demands accused have failed and neglected to regularize her captioned loan account or to make payment of the outstanding amount. Towards the discharge of the loan liability, the accused had requested the complainant bank to present the cheque bearing No.000002 dated 10072024 for a sum of Rs.11,00,000/ drawn on DCB Bank Limited, Rajajinagar Branch, Bengaluru. When the said cheque was presented, it was 4 CC No.31425/2024 dishonoured with endorsement "Insufficient funds" on 16072024. Thereafter the complainant got issued Legal notice on 08082024 through RPAD, the said notice has been returned on 13082024. As till today accused has not paid any amount or not repaid the loan amount to the complainant. Hence this complaint. 3. The accused appeared before the court through her counsel and the accused enlarged on bail, substance of plea recorded. The accused pleaded not guilty and claims to be tried. 4. The complainant in order to establish its case examined its Senior Manager, by name Viond Kumar B. as PW1 and got marked 12 documents as per Ex.P1 to Ex.P12. When the matter was posted for cross examination of PW1, the complainant and the accused 5 CC No.31425/2024 filed joint memo and prayed to pass the judgment and necessary order on joint memo. 5. Heard arguments. 6. The points that arise for consideration are as under: 1) Whether the complainant proves that the accused has issued cheque bearing No.000002 dated 10072024 for a sum of Rs.11,00,000/ drawn on DCB Bank Limited, for discharge of legally recoverable debt, and same was returned unpaid for the reason "Insufficient funds" and even after receipt of legal notice the accused has failed to pay the amount and thereby committed an offence U/s.138 of NI Act? 2) What order ? 6 CC No.31425/2024 7. My findings on the above points are as unde