Bangalore District Court Sri Basavaraju. S vs M/S. Akshaya Creations on 5 June, 2024 1 C.C.No.5685/2019 KABC030171212019 Presented on : 07032019 Registered on : 07032019 Decided on : 05062024 Duration : 5 years, 2 months, 29 days IN THE COURT OF THE XVI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU CITY Dated : This the 5th day of June 2024 Present: Sri.BHOLA PANDIT, B'Com.,L.L.M. XVI Addl.C.M.M., Bengaluru City. Case No. C.C.No : CC.No.5685/2019 Complainant : Sri. Basavaraju.S S/o Srinivas.R Aged about 36 years R/at No.14, Muneshwara Temple Road, Kadirenahalli, Banashankari 2nd Stage, Bangalore 560070. (By Sri.B.G.Mahesh Adv,) V/s Accused : 1. M/s Akshaya Creations No.172, 31st Cross, 11th Main Road, 4th Block, East Jayanagar, Bangalore 11. 2. Mr. A.M.R. Ramesh S/o Sri**** 2 C.C.No.5685/2019 Aged about 54 years R/at No.172, 31st Cross, 11th Main Road, 4th Block, East Jayanagar, Bangalore 11. (By Sri.M.Veerabhadraiah Adv.,) Offence complained : U/s 138 of N.I Act of Plea of Accused : Pleaded not guilty Final Order : Accused is acquitted Date of order : 05.06.2024 JUDGMENT The present complaint is filed under Sec.200 of the Code of Criminal Procedure against the accused seeking to punish him for the offence punishable U/Sec.138 of the Negotiable Instruments Act . 2. The brief averments of the complaint are narrated as under: It is alleged that the accused No.2 is proprietor of accused No.1 and he is the family friend of complainant since past several years. Accused No.2 with an intention of making feature films, he created the accused No.1 film and during the year 2015, accused No.2 has approached the complainant and his father stating that he was in 3 C.C.No.5685/2019 the verge of producing a feature film by name "Game" for which he need financial assistance periodically and had assured that once the movie is released, out of the profit he would repay the loan along with some benefits to the complainant and his father. Believing the words of the accused, initially the complainant has paid Rs.15 lakhs by way of cash by withdrawing a sum from his account and account of his father by name R.Srinivas and his uncle Sri.Beeraiah and at that time the accused No.2 has assured that his movie would be released by the end of 2016 and after some time he would repay the said amount. 3. It is further stated that on 09.11.2015 he has paid a sum of Rs.5 lakhs, on 13.11.2015 paid a sum of Rs.5 lakhs and on 30.11.2015 paid a sum of Rs.4 lakhs to the accused through account transfer from his bank account and thereafter, an amount of Rs.6 lakhs has been transferred through the account of his relative Sri.Nagaraj, by the end of 2015 the accused has borrowed a sum of Rs.35 lakhs from the complainant. During the month of February 2016 the accused again requested the complainant to pay Rs.5 lakhs for the release of his movie on 26.02.2016, the accused has failed to repay the availed hand loan amount and has 4 C.C.No.5685/2019 stated that initial income from the movie shall have to be utilized towards reimbursement for the expenses spent towards making the movie. Again in the month of March 2018 accused No.2 met the complainant and stated that his movie did not run to the expectation and he did not get expected profit. But he would refund the loan amount out of the profit from TV rights and further requested the complainant to lend some more amount. Accordingly, on 28.03.2018 a sum of Rs.75,000/ and on 28.06.2018 a sum of Rs.2 lakhs was lent by the complainant through account transfer. In total the complainant has lend a sum of Rs.42,75,000/ to the accused . 4. It is further stated that due to persistent demand made by the complainant on 26.04.2018 Rs.75,000/ and on 26.06.2018 Rs.2,00,000/ has been transferred from the accused and now the accused is due a sum of Rs.40 lakhs to the complainant. In order t