TaxTMI 
TaxTMI 
TaxTMI 
2021 (11) TMI 936
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.... judge dated 30-9-2015 passed by learned 22nd ACMM, Bengaluru in CC No. 515/2015 and 7275/2015 came to be set aside. 2. The substance of the complaint in both the petitions is, that four cheques were stated to have been involved in these cases and the contractual relationship between the complainant and accused earlier was that of tenant and landlord or lessee and lessor respectively. It is further stated that accused had leased out a house bearing No. 261, 17th C Cross, Basaveswaranagar, Bengaluru, to the complainant. The terms of lease were reduced into writing on 22-6-2012 and the lease is for a period of three years and at the time of inception of tenancy complainant had paid a sum of Rs. 8,00,000/- to the accused and the understanding....
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....s banker Vijaya Bank Rajajinagar on 5-11-2014 and 30-10-2014, but they were dishonoured with an endorsement "funds insufficient" on 7-11-2014 and the same was brought to the notice of the accused. Thereafter, complainant issued legal notice by RPAD on 21-11-2014 which came to be served on accused on 26-11-2014 and even after 15 days of receipt of legal notice, accused did not reply or comply the same and thereby committed the offence punishable under Section 138 of N.I. Act. Thereafter, the complainant presented two complaints. 4. Learned trial judge took cognizance of the offence in both the cases and issued summons to the accused. Accused appeared before the trial court and denied the entire case of the complainant, accusation was read o....
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....tion of the judgment in both the petitions read as under: IN CC NO. 515/2015 "Acting u/s. 265 of Cr.P.C. the accused is convicted for the offence punishable u/s. 138 of N.I. Act and sentenced to pay fine of Rs. 3,000/- (three thousand only). In default of payment of fine amount, the accused shall undergo SI for a period of two months. The complainant was awarded compensation of Rs. 8,00,000/- (eight lakhs) i.e., double the cheque amount from the accused and the same shall be paid to the complainant within the period of 30 days from the date of this order. In default of payment of this compensation amount, the accused shall undergo simple imprisonment for a period of one year. Office is directed to furnish the copy of this judgment....
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....e appellant/accused stands cancelled. The trial court is hereby directed to return the amount if any deposited before it by the appellant in compliance of order of this Court dated 30.10.2015 to the appellant after lapse of appeal period. Send copy of the Judgment along with records to the lower court forthwith." In Crl.A. NO. 1339/2015 "The criminal appeal filed by the appellant/accused under Sec. 374(3) of Cr.P.C. is hereby allowed. The Judgment of conviction and sentence dated 30.09.2015 passed by the learned XXII Additional Chief Metropolitan Magistrate, Bengaluru in C.C. No. 7225/2015 is hereby set-aside. The appellant/accused is hereby acquitted for the offence punishable U/s. 138 of N.I. Act and the bail bonds executed by....
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....of Rs. 8,00,000/- which is nothing but the refund of the security deposit amount which was paid by the complainant towards the lease of the house for which accused is stated to be the owner. The said lease agreement was entered into between the complainant and accused on 22-6- 2011. However, it is stated that during the year 2014, complainant was evicted from the said lease premises on the basis of the decree that was passed in favour of the bank from whom the accused had borrowed loan and that was not within the knowledge of the complainant and as such, the complainant was evicted from the house. 11. Further, there appears to be contradictions in treating the application filed under Section 45 or 43 of the Indian Evidence Act. The trial....
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....e said Section by naming expert or depositing the amount and allowed the appeal by reversing the judgment passed by the learned trial judge and by acquitting the accused. Thus, if the complainant has filed application and the learned trail judge or learned appellate judge ought to have allowed the matter to see the logical end. 13. Even before mentioning the error of the trial court, the appellate court also should have brought to the notice of the parties regarding the lapses. In this connection, both the learned trial court and appellate court have erred in adopting the hasty approach. I find the judgment of the trial court and the appellate court in both the cases are liable to be set aside and consequently, matters are to be remanded t....