2 C.C. 9240 / 2022 M/s. Mukesh Distributors, Accused : No.39, Shop No.5, Padam Complex, 1st Floor SDM Lane, Manavarthipet, Bangalore 560 053 represented by its proprietor name Mukesh Avasthi (By Sri.M R Nagabhushana Adv.) Offence complained : U/S. 138 of N.I. Act., Plea of accused : Pleaded not guilty. Final Order : Accused is convicted Date of Order : 01.09.2025 3 C.C. 9240 / 2022 JUDGMENT The present complaint is filed under section 200 of code of criminal procedure against the accused seeking to punish him for the offence punishable under section 138 of the Negotiable Instruments Act ( in short referred as "N.I. Act"). 02. The facts which leads to made the Complainant to file the present complaint are summarized as under : It is stated that, the Complainant is the proprietor of Raj Pharma Distributors running wholesale Medicine distribution. The accused is the proprietor of Mukesh Distributors running pharmaceutical business, accordingly the accused being one of the customer of the Complainant has purchased the medicine from the Complainant firm under several invoices from time to time on credit basis. The accused has become defaulter. However, while purchasing the medicines the accused has assured to clear the balance and used to purchase the medicine. Till the date of filing of the complaint the accused was liable to pay 4 C.C. 9240 / 2022 balance amount of Rs.22,17,688/. In order to pay the said balance amount the accused has issued two post dated cheques in favour of M/s. Raj Pharma Distributors cheque bearing No.00025 dated 31.03.2019 for Rs.6,28,950/ drawn on City Union Bank towards the part of the balance amount and also issued another cheque bearing No. 00044 drawn on City Union Bank dated 31.03.2021 for a sum of Rs.15,88,738/. For the dishnonour of cheque bearing No. 000245 for Rs.6,28,950/ a separate case has been filed in CC No. 16722 / 2019. When the Complainant has presented the cheque bearing No. 000244 for Rs.15,88,738/ with his banker it has returned unpaid due to reasons as "Stoped by drawer" thereafter on 09.04.2021 the Complainant got issued demand notice to the accused by RPAD which has also returned unserved on 12.04.2021 as 'door locked' but another notice returned on 19.04.2021 with a shara as 'UNclaimed'. Accordingly, it is sought to convict the accused under section 138 of NI Act and grant him compensation under section 357 of Cr.P.C. 5 C.C. 9240 / 2022 03. On presentation of the complaint, this court has verified the averments of the complaint and also annexed documents. Having made out prima facie case cognizance has been taken and thereafter the sworn statement of the Complainant has been recorded as PW1 and got marked documents at Ex.P1 to P5. Having made out prima facie case it is ordered to register the complaint in register No.III issue process against the accused. 04. In response to the court summons, the accused put his appearance before the court by engaging his own lawyer and filed bail application under section 436 of Cr.P.C., along with applications, he has been enlarged on bail. The plea has been recorded and read over to the accused, he pleaded not guilty and wanted to put forth his defense. The accused has been permitted to crossexamine of PW1. After terminating the Complainant side evidence, the statement of accused has been recorded under section 313 of