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APKD0D0006712021IN THE COURT OF THE JUDICIAL MAGISTRATE OF FIRST CLASS
RAILWAY KODUR
PRESENT: Sri. P J THEJA SAAI,
Judicial Magistrate of First Class, Railway Kodur
Monday, the 11th day of May, 2026
C.C.No.276 of 2021
Between
Ramireddy Vijaya Bhaskar Reddy, S/o Raja Reddy, aged about 35 years,
Resident of Door No.8/234-2, Ram Nagar,
Railway Kodur Town and Mandal, YSR Kadapa District.
... Complainant
And
Turaka Sivanandini, W/o Ramana, D/o Kumara Swamy, aged about 30 years,
Residing at Door No.5/385-1, 1st Floor,
Beside Lakshmi Narasimha Agencies,
Ankamma Nagar, Railway Kodur Town & Mandal,
YSR Kadapa District. ….. Accused
This case came up before me on 31-03-2026 & 07-04-2026 for final hearing in the presence of Sri A Venkata Rama Raju, Learned Counsel for the
Complainant and Sri P Nagarjunudu, Learned counsel for the Accused and upon hearing arguments on both sides, upon considering the material on record and having stood over the matter for consideration till this day, this court delivered the following:
JUDGMENT
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1.The Complainant filed the present complaint under Section 200 of the
Criminal Procedure Code to punish the Accused for the offence punishable under Sections 138 r/w 142 of Negotiable Instruments Act, 1881 (hereinafter referred as “NI Act, 1881”).
2.The brief allegations in the complaint are as follows:
a.That the complainant is working as Software Engineer at Bangalore.
That the complainant and the accused are well known to each other and are residing in the same locality. That in view of the acquaintance between the complainant and the accused, the accused had requested the complainant to lend an amount of Rs.3,50,000/- for her family necessities and promised to repay the same within a short time. That the accused borrowed an amount of
Rs.3,50,000/- from the complainant and in consideration of the same, the accused gave post dated cheque bearing number 553601 dated 15.05.2020 for an amount of Rs.3,50,000/- drawn on State Bank of India, Railway Kodur
Branch.
b.That the said cheque was presented for collection on 07.08.2020 and the same was returned to the complainant by the State Bank of India,
Railway Kodur branch along with cheque return memo with an endorsement that "Funds Insufficient" and "Drawer's signature differs". That the complainant approached the accused and asked about the cheque amount and informed the accused about the bouncing of the said cheque but the accused did not give proper reply. That the complainant sent a legal notice
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dated 01.09.2020 requesting the accused to clear the cheque amount and
the accused received the said legal notice on 03.09.2020.
c.Hence, the present complaint is filed seeking to punish the accused for the offence punishable under Section 138 r/w 142 of NI Act, 1881.
3.On consideration of the Sworn Affidavit filed by the complainant and the complaint, this case was taken on file against the accused for the offence punishable under Section 138 r/w 142 of NI Act, 1881.
4.Accused was examined under section 251 of Cr.P.C, read over and explained the accusation for the offence punishable under Section 138 r/w 142 of NI Act, 1881. She denied the same, pleaded not guilty and claimed to be tried.
5.To prove his case, the complainant got himself examined as PW.1, besides examining Kambai Rama Krishna Reddy, as PW.2. Exhibits P1 to P5 are marked on behalf of the complainant. The complainant got Branch Manager,
State Bank of India, Railway Kodur Branch, as PW.3 pursuant to order in
Crl.M.P.No. 725 of 2025 dated 13-05-2025. Exhibits C1 to C3 are marked
through PW.3.
6.After closure of the evidence of complainant, the accused was examined under Section 313 of Cr.P.C., this court read over and explained the incriminating material against her. She denied the same and reported evidence in defence.
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7.Crl.MP No.08 of 2026 under section 315 of Cr.P.C, was allowed on 07-01- 2026, permitting the accused to be examined as a witness. Accused was examined as DW.1. No exhibits were marked on behalf of the accused.
8.Heard Sri A Venkata Rama Raju, Learned Counsel for the Complainant and Sri P Nagarjunudu, Learned counsel for the Accused.
9.The arguments of the learned counsel for the complainant, in brief, is as follows:
a)That the complainant proved the guilt of the accused for the offence under Section 138 r/w 142 of NI Act, 1881 and the same is substantiated by oral testimonies of PW.1 to PW.3, coupled with Exhibits P1 to P5, C1 to
C3.
b)That it shall be presumed that the cheque vide Exhibit P1 was issued for discharge of debt/liability as per Section 139 of NI Act, 1881.
c)That the presumptions under Sections 118 and 139 of NI Act would come into play, once the complainant discharged the initial burden of execution of Cheque vide Exhibit P1.
d)That the accused failed to rebut the presumptions under Sections 118 and 139 of NI Act, based on her sole oral testimony and the cross examination of complainant (PW.1) & PW.2.
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e)That the version of the accused that she gave oral complaint to the police about the missing cheques and that she did not pursue the matter on the assurance of police that the missing cheques will be retrieved, does not inspire confidence.
f)That the accused has not chosen to give any reply notice to the legal notice of the complainant, despite receipt of the same vide Exhibit P5.
g)That the cheque was returned vide Exhibit P2 with an endorsement that "Funds Insufficient" and "Drawer's signature differs". That the learned counsel relied on the Judgment of the Hon’ble Supreme Court in Laxmi
Dyechem vs State of Gujarat and others reported in 2013 (2) ALD (Crl.) 823 (SC), to contend that “Drawer’s signature differs” would also constitute a dishonour within the meaning of Section 138 of NI Act.
h)Hence, prayed to convict the accused.
10.The arguments of the Learned Counsel for the Accused, in brief, is as follows:
a)That when the accused visited her mother’s house at Railway Kodur, there was a galata between the complainant along with his relatives and the parents of the accused and after the said galata, the accused noticed that two cheque leafs were missing from her cheque book which was kept on the table in their house at Railway Kodur.
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b)That the accused gave complaint to the police about the missing cheques and that accused did not pursue the matter for two reasons – i) the police assured that the missing cheques will be retrieved from the complainant or his relatives, and, ii) the accused was looking after her father, as her father’s health deteriorated.
c)That the signature on cheque vide Exhibit P1 does not belong to the accused which is evident from the deposition of PW.3, coupled with Exhibits
C1 to C3.
d)That the “Drawer’s signature differs” does not attract the liability under section 138 of NI Act. That the question of “Funds Insufficient” does not arise, once the “Drawer’s signature differs”.
e) That the signature on acknowledgment vide Exhibit P5 does not belong to accused and the same is forged by the complainant, by managing the postal authorities.
f)That the cheque vide Exhibit P1 is not supported by consideration and the complainant has misused the missing cheque.
g)Hence, prayed to acquit the accused.
11.Now the points for determination are:
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I. Whether the complainant could bring home the guilt of the accused
for the offence under Section 138 r/w 142 of Negotiable Instruments
Act, 1881?
i.Whether the accused issued cheque and the complainant is a holder of the said cheque?
ii. Whether such cheque was issued towards discharge of legally enforceable debt or other liability?
iii. Whether such cheque has been presented to the bank within 3 months from the date of issuance?
iv. Whether the bank of the accused returned such cheque, unpaid for insufficiency of funds or that amount exceeds the
arrangement made by the accused with the bank?
v. Whether the complainant gave notice in writing to the accused, demanding the payment of the said amount of money under cheque, within 30 days from the date of receipt of return memos by the bank?
vi. Whether the accused failed to make payment of the said amount of money under cheque, within 15 days from the date of receipt of such notice?
Point No. I (i):
“Whether the accused issued cheque and the complainant is a holder of
the said cheque?”
12.It is the contention of the learned counsel for the complainant that the accused gave cheque vide Exhibit P1, to the complainant.
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13.It is the contention of the learned counsel for the accused that when the accused visited her mother’s house at Railway Kodur, there was a galata between the complainant along with his relatives and the parents of the accused and after the said galata, the accused noticed that two cheque leafs were missing from her cheque book which was kept on the table in their house at Railway Kodur.
14.It is the further contention of the learned counsel for the accused that the accused gave complaint to the police about the missing cheques and that accused did not pursue the matter for two reasons – i) the police assured that the missing cheques will be retrieved from the complainant or his relatives, and, ii) the accused was looking after her father, as her father’s health deteriorated.
15.Complainant (PW.1) and PW.2 deposed that the accused issued cheque vide Exhibit P1 to the complainant. Nothing material is elicited in the cross examination of Complainant (PW.1) and PW.2, to discredit their evidence.
16.Accused (DW.1) deposed that two cheque leafs were missing from her cheque book, after a galata in her house. It is pertinent to mention that the accused (DW.1) has not deposed in her chief examination that one of the said two missing cheque leafs is the cheque vide Exhibit P1.
17.This court is of the view that the accused ought to have instructed the bank to stop payment with respect to the missing cheque leafs but the accused has not chosen to do the same, for the reasons best known to her.
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This court is of the view that the accused ought to have given a “written” complaint to the police with respect to the missing cheque leafs but the accused has not chosen to do the same, for the reasons best known to her.
18.Therefore, this court is of the view that the version of the accused that two cheque leafs were missing after a galata and she did not pursue the same, after assurance from the police, is not trustworthy and does not inspire confidence of this court.
19. Therefore, it can be held that the accused issued cheque vide Exhibit P1, based on the testimonies of Complainant (PW.1) and PW.2.
20.Complainant (PW.1) and PW.2 deposed that the accused issued cheque vide Exhibit P1 to the complainant. It is relevant to refer to Section 118 (g) of the NI Act that stipulates that the court shall presume that the holder of a negotiable instrument is a holder in due course. Nothing material is elicited in the cross examination of Complainant (PW.1) and PW.2 to rebut the presumption under Section 118 (g) of the NI Act and to establish that the complainant is not a holder of the cheque vide Exhibit P1.
21.Therefore, this court is of the view that the complainant is a holder of the cheque vide Exhibit P1.
22.Having regard to the above discussion, this court is of the view that the accused issued cheque vide Exhibit P1 and the complainant is a holder of the cheque vide Exhibit P1.
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23.Hence, the Point no. I (i) is answered in favour of the complainant and against the accused.
Point No. I (ii) :
“Whether such cheque was issued towards discharge of legally
enforceable debt or other liability?”
24.It is the case of the complainant that the accused borrowed an amount of Rs.3,50,000/- from the complainant and in consideration of the same, the accused gave post dated cheque bearing number 553601 dated 15.05.2020 for an amount of Rs.3,50,000/- drawn on State Bank of India, Railway Kodur
Branch.
25.Complainant (PW.1) and PW.2 deposed that Exhibit P1 was issued by the accused to the complainant towards discharge of indebited amount of
Rs.3,50,000/-.
26.In view of finding in Point No. I (i), this court deems it relevant to refer to
Section 139 of the NI Act that stipulates that it shall be presumed that the holder of a cheque received the cheque for the discharge of any debt or other liability unless contrary is proved. Therefore, it has to be presumed that the accused issued cheque vide Exhibit P1 to the complainant towards discharge of a legally enforceable debt, by virtue of Section 139 of the NI Act. It is also relevant to mention that it has to be presumed that the cheque vide Exhibit P1 was drawn for consideration as per Section 118 (a) of NI Act.
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27.In such a scenario, this court is of the view that the onus is on the accused to prove that the cheque vide Exhibit P1 was not issued towards discharge of a legally enforceable debt and that the cheque vide Exhibit P1 was not drawn for consideration.
28.This court has to determine whether the accused rebutted the presumptions under Sections 118 and 139 of NI Act by ‘Preponderance of probabilities’.
29.It is the contention of the learned counsel for the accused that two cheque leafs were missing from her cheque book after a galata in her house and the accused gave complaint to the police about the missing cheques and that accused did not pursue the matter for two reasons – i) the police assured that the missing cheques will be retrieved from the complainant or his relatives, and, ii) the accused was looking after her father, as her father’s health deteriorated.
30.As held supra, the version of the accused that two cheque leafs were missing after a galata and she did not pursue the same, after assurance from the police, is not trustworthy and does not inspire confidence of this court.
31.As stated supra, accused (DW.1) has not deposed in her chief examination that one of the two missing cheque leafs is the cheque vide
Exhibit P1.
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32.The accused is unable to show any reason or circumstance to disbelieve the testimonies of Complainant (PW.1) and PW.2. As held supra, nothing material is elicited in the cross examination of Complainant (PW.1) and PW.2 to discredit their evidence.
33.This court is of the view that the presumptions under section 118 (a) of
NI Act and section 139 of NI Act are neither diluted nor vanished, based on the cross examination of Complainant (PW.1) & PW.2 and sole oral testimony of
Accused (DW.1). This court is of the view that the accused failed to rebut the presumptions under Sections 118 and 139 of NI Act even by ‘Preponderance of probabilities’.
34.Therefore, this court is of the view that the oral testimonies of
Complainant (PW.1) and PW.2 coupled with Exhibit P1, are sufficient to prove that the accused issued cheque vide Exhibit P1, to the complainant towards discharge of a legally enforceable debt.
35.Hence, the Point no. I (ii) is answered in favour of the complainant and against the accused.
Point No. I (iii):
“Whether such cheque has been presented to the bank within 3 months
from the date of issuance?”
36.Exhibit P1 is the Original Cheque bearing No.553601 dated 15-05-2020.
Exhibit P2 is the Cheque Return Memo of SBI, Railway Kodur Branch dated 07-
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08-2020. A combined perusal of Exhibits P1 and P2 show that the cheque vide
Exhibit P1 has been presented to the bank within 3 months from the date of issuance.
37.PW.1 also deposed that Exhibit P1 was presented for collection on 07-08- 2020.
38.Therefore, this court is of the view that the oral testimony of PW.1, coupled with Exhibits P1 and P2 are sufficient to prove that the complainant presented the cheque vide Exhibit P1, within 3 months from the date of issuance.
39.Hence, the Point no. I (iii) is answered in favour of the complainant and against the accused.
Point No. I (iv):
“Whether the bank of the accused returned such cheque, unpaid for
insufficiency of funds or that amount exceeds the arrangement made by
the accused with the bank?”
40.Exhibit P2 is the Cheque Return Memo of SBI, Railway Kodur Branch
dated 07-08-2020. A perusal of Exhibit P2 discloses that the cheque vide Exhibit
P1 has been returned, unpaid for "Funds Insufficient" and "Drawer's signature differs".
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41.PW.3 (Branch Manager, SBI Bank) deposed in his chief examination that the cheque vide Exhibit P1 was returned for the reason “Insufficient Funds” and the same is reflected in their cheques referred & returned register vide
Exhibit C1. PW.3 deposed in his cross examination that a cheque can be returned for multiple reasons and also deposed that there is difference in the signature of Shivanandini Thuraka (accused) on cheque vide Exhibit P1 with that of her signature on account opening form vide Exihibit C3.
42.A perusal of Exhibits C1 and C2 reveal that there are no sufficient funds in the bank account of the accused, as on the date of presentation of the cheque vide Exhibit P1.
43.Therefore, this court is of the view the oral testimony of PW.3, coupled with Exhibits C1 to C3 are sufficient to hold that the cheque vide Exhibit P1 has been returned, unpaid for "Funds Insufficient" and "Drawer's signature differs".
44.It is the contention of the learned counsel for the complainant that “Drawer’s signatures differs” would also constitute a dishonour within the meaning of Section 138 of NI Act and relied upon the judgment in Laxmi
Dyechem (Supra).
45.It is the contention of the learned counsel for the accused that the “Drawer’s signature differs” does not attract the liability under section 138 of
NI Act and that the question of “Funds Insufficient” does not arise, once the “Drawer’s signature differs”.
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46.This court is of the view that the judgment of the Hon’ble Supreme Court in Laxmi Dyechem (Supra) is applicable to the facts and circumstances of the present case and as such “Drawer’s signature differs” is a species of genus “Funds Insufficient” and as such, the endorsement “Drawer’s signature differs” would also constitute a dishonour within the meaning of Section 138 of NI Act.
47.Therefore, this court is of the view that the oral testimony of PW.3, coupled with Exhibits P2, C1 to C3, is sufficient to prove that the bank of the accused returned the cheque vide Exhibit P1, unpaid for “Funds Insufficient”.
48.Hence, the Point no. I (iv) is answered in favour of the complainant and against the accused.
Point No. I (v):
“Whether the complainant gave notice in writing to the accused,
demanding the payment of the said amount of money under cheque,
within 30 days from the date of receipt of return memo by the bank?”
49.Exhibit P2 is the Cheque Return Memo of SBI, Railway Kodur Branch
dated 07-08-2020. Exhibit P3 is the Office copy of Legal Notice dated 01-09-
2020. Exhibit P4 is the Postal Receipt dated 01-09-2020. PW.1 deposed that he gave legal notice vide Exhibit P3 to the accused.
50.This court is of the view that the oral testimony of PW.1, coupled with
Exhibits P2 to P4 are sufficient to prove that the complainant gave valid legal notice in writing vide Exhibit P4 to the accused, demanding the payment of the
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said amount of money under cheque, within 30 days from the date of receipt of return memo.
51.Hence, the Point no. I (v) is answered in favour of the complainant and against the accused.
Point No. I (vi):
“Whether the accused failed to make payment of the said amount of
money under cheque, within 15 days from the date of receipt of such
notice?”
52.Exhibit P3 is the Office copy of Legal Notice dated 01-09-2020. Exhibit P4 is the Postal Receipt dated 01-09-2020. Exhibit P5 is the Served
Acknowledgment dated 03-09-2020.
53.It is the contention of the learned counsel for the accused that the signature on acknowledgment vide Exhibit P5 does not belong to accused and the same is forged by the complainant, by managing the postal authorities.
Accused (DW.1) has not even deposed in her chief examination that her signature on Exhibit P5 is forged. This court is of the view that the contention that signature of accused on Exhibit P5 is forged, is not substantiated by the accused.
54.PW.1 deposed that the accused failed to make payment of the said amount of money under cheque vide Exhibit P1, within 15 days from the date of receipt of such notice vide Exhibit P3.
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55.The flow of cross examination of PW.1 do not indicate that the accused has made any payment under cheque vide Exhibit P1, within 15 days from the date of receipt of such notice vide Exhibit P3.
56.This court is of the view that the oral testimony of PW.1, coupled with
Exhibits P3 to P5 are sufficient to prove that the accused has failed to make payment of the said amount of money under cheque vide Exhibit P1, within 15 days from the date of receipt of legal notice.
57.Hence, the Point no. I (vi) is answered in favour of the complainant and against the accused.
FINDING:
58.Having regard to the material on record and the aforesaid discussion, the testimonies of PW.1 to PW.3, coupled with Exhibits P1 to P5, C1 to C3 are sufficient to prove - (i) that the accused issued cheque vide Exhibit P1 and the complainant is a holder of the cheque vide Exhibit P1, (ii) that the accused issued cheque vide Exhibit P1 to the complainant towards discharge of a legally enforceable debt, (iii) that the complainant presented the cheque vide
Exhibit P1 within 3 months from the date of issuance, (iv) that the bank returned the same vide Exhibit P2 unpaid for ‘funds insufficient’, (v) that the complainant gave notice in writing vide Exhibit P3 to the accused within 30 days from the date of receipt of return memo and (vi) that the accused has failed to make payment of the said amount of money under cheque vide
Exhibit P1, within 15 days from the date of receipt of notice.
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59.Hence, this Court holds that the complainant established the guilt of the
Accused for the offence punishable under Section 138 r/w 142 of Negotiable
Instruments Act, 1881. Point is answered in favour of the complainant and against the accused. Therefore, the accused is liable for conviction.
60.In the result, Accused is found guilty for the offence punishable under
Section 138 r/w 142 of Negotiable Instruments Act, 1881 and she is convicted for the same under Section 255 (2) of Cr.P.C.
Typed in my personal laptop, corrected, signed and pronounced by me in the open court, on this the 11th day of May, 2026.
Digitally Signed by
P J THEJA SAAI
Date: 2026.05.11 14:34:03 +0530
Judicial Magistrate of First Class
Railway Kodur Quantum of Sentence (Dated 11-05-2026)
1.When questioned regarding quantum of sentence to be imposed against the accused, the accused stated that she has one and half year baby who needs her constant attention and she has to take care of her 80 year old mother-in law. The accused further stated that she has to be with her family, without which her family cannot survive. The accused further stated that if maximum punishment is imposed, then her family would be ruined. Therefore, the accused prayed to take lenient view.
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2.This court is of the view that this is not a fit case to invoke Section 360 of
Cr.P.C or the provisions under Probation of Offenders Act.
3.Having regard to the facts and circumstances of the case and the submission of the accused, this court is of the view that it would be just and reasonable to take a lenient view in imposing the sentence against the accused instead of imposing maximum sentence prescribed for the offence under
Section 138 r/w 142 of Negotiable Instruments Act, 1881.
4.Accordingly, the accused is sentenced to undergo simple imprisonment for a period of six (6) monthsand to pay of fine of Rs.3,50,000/- (Rupees Three
Lakhs Fifty Thousand only), in default of payment of fine, the accused shall undergo simple imprisonment for a period of one (01) month.
5.The simple imprisonment for a period of one (01) month in default of payment of fine shall run in addition to the substantive sentence of simple imprisonment for a period of six (06) months under Section 30 (2) of Cr.P.C.
6.The entire fine amount of Rs.3,50,000/- (Rupees Three Lakhs Fifty
Thousand only) shall be paid as compensation to the complainant i.e., PW.1 under Section 357 of Cr.P.C.
7.The accused has not undergone any remand period and the accused is classified as a ‘casual’ convict as per Rule 179 of Criminal Rules of Practice.
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8.Free copy of the judgment is given to the accused. The accused is informed about her right to appeal against the judgment and sentence passed against her by this court.
Typed in my personal laptop, corrected, signed and pronounced by me in the open court, on this the 11th day of May, 2026.
Digitally Signed by
P J THEJA SAAI
Date: 2026.05.11 14:35:15 +0530
Judicial Magistrate of First Class
Railway Kodur
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
FOR COMPLAINANT:
Rank Name Nature of Evidence
PW.1 Ramireddy Vijaya Bhaskar ReddyComplainant
PW.2Kambai Rama Krishna ReddyWitness
PW.3C. Raghunath KumarBranch Manager, SBI
FOR ACCUSED:
Rank Name Nature of Evidence
DW.1T. SivanandiniAccused
FOR COURT:
- NIL -
EXHIBITS MARKED
FOR COMPLAINANT:
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Sr.No. Sr.No.Rank Description
1.Exhibit P1/PW.1 Original Cheque bearing No.553601 dated 15-05- 2020
2.Exhibit P2/PW.1 Cheque Return Memo of SBI, Railway Kodur Branch
dated 07-08-2020
3.Exhibit P3/PW.1 Office copy of Legal Notice dated 01-09-2020
4.Exhibit P4/PW.1 Registered Postal Receipt dated 01-09-2020
5.Exhibit P5/PW.1 Served Acknowledgment dated 03-09-2020
FOR ACCUSED:
- NIL -
FOR COURT:
Sr.No. Sr.No.Rank Description
1.Exhibit C1/PW.3 Attested copy of the Extract of cheques referred and returned register
2.Exhibit C2/PW.3 Attested copy of the account statement of
Shivanandini Thuraka (Accused) from 04-08-2020 to 10-08-2020
3.Exhibit C3/PW.3 Attested copy of the account opening form of
Shivanandini Thuraka (Accused)
MATERIAL OBJECTS MARKED
- NIL -
Digitally Signed by
P J THEJA SAAI
Date: 2026.05.11 14:35:44 +0530
Judicial Magistrate of First Class
Railway Kodur