Bangalore District Court Having Its Corporate Office vs S/O Late.Sri.Vishwanathaiah on 17 April, 2021 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 17th DAY OF APRIL 2021 PRESENT: SRI.R.MAHESHA B.A.L., LLB., XXIV ADDL. SCJ & ACMM & MEMBER MACT BENGALURU. 1. Sl. No. of the Case CC.No.6862 of 2016 2. The date of 19112018 commencement of evidence 3. The date of closing 09022021 evidence 4. Name of the M/s Canfin Homes Limited, Complainant having its corporate office, at No.29/1, 2nd floor, M.N.Krishna Rao Road, Basavanagudi, Bengaluru. HAVING A BRANCH OFFICE AT At No.29/1, 1st floor, M.N.Krishna Rao Road, Basavanagudi, Bengaluru560 004 Represented by its Chief Manager, Sri.Arun Kumar V. (By Sri.N.S.S.Advocate) 5. Name of the Sri.Naveen Kumar Accused S/o Late.Sri.Vishwanathaiah, Aged about 35 years, No.484, 8th main road, 2nd cross, Vijayanagar, 2 CC NO.6862 of 2016 Bengaluru560 038. (Sri.K.N.S.Advocate) 6. The offence U/s.138 of the Negotiable Instruments Act complained of 7. Opinion of the Accused found guilty judge JUDGMENT The complainant company filed this complaint through its Chief Manager 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 company is a registered company under companies Act 1956. It is carrying business of housing finance to public at large. The accused had approached the complainant for availing housing loan of Rs.44,00,000/ by executing necessary documents. The complainant has sanctioned loan sum of Rs.43,00,000/. That the accused is liable to pay monthly EMI of Rs.42,569/. The accused is 3 CC NO.6862 of 2016 chronic defaulter towards the payment of monthly EMI and as per the statement of accounts maintained by the complainant the accused is due in a sum of Rs.3,40,552/ towards overdue amount. That despite repeated requests and demands made by the complainant the accused has failed and neglected to pay the long outstanding dues of the complainant. The complainant has got issued a demand notice dated 2008 2015 calling upon the accused to pay the over due amount. That the said demand notice is served on the accused. The accused has issued a signed cheque bearing No.143525 dated 7102015 drawn on Citi Bank, Bengaluru for Rs.46,99,297/. The complainant presented the said cheque for realization with their banker, but the said cheque returned with an endorsement as Account closed on 8102015. The complainant intimated the said fact to the accused through legal notice dated 3112015 and the said legal notice served on 4112015 to the accused. But the accused is still liable to discharge their liability and he is due in a sum of Rs.46,99,297/ towards principal along with interest to the complainant. Hence complainant filed this complaint. 4 CC NO.6862 of 2016 3. At first instance, the present complaint filed before the 42nd ACMM, Bengalore on 18122015 which was registered as PCR 486/2016, thereafter sworn statement of the complainant by way of affidavit was received on 1911 2018, the case was registered and summons was ordered to be issued, pursuant to which present CC number assigned. On 922021, accused appeared through his counsel and got enlarged him on bail. As per notification No.ADM 1/19/2017 dated 20112017 of CMM, Bengaluru, this case is transferred to 24th ASCJ & 22nd ACMM (SCCH26), Bengaluru. 4. In order to establish his case, complainant got examined its Chief Manager as PW1 and got marked 11 documents as ExP1 to 11 and closed his side. The defendant got examined himself as DW1, but no documents marked. 5. Both counsels have submitted their oral arguments. In support of their oral arguments, accused produced and relied on the following