IN THE COURT OF LD.

ACMM, ROHINI COURT COMPLEX,

NORTH WEST DISTRICT, DELHI

C.C. NO. ______ OF 2019

IN THE MATTER OF:-

Nitesh Chawla … Complainant

Versus
Gaurav Trading
Through- Gaurav Chawla … Accused

MEMO OF PARTIES

Nitesh Chawla
S/O Vivek Chawla
R/O- UU-161 C, Pitampura
North West Delhi- 1100 88 …Complainant

Versus

Gaurav Chawla
S/O- Gulshan Chawla
R/O-63, Block- II, Shalimar Bagh
Delhi … Accused

P.S – Shalimar Bagh

CRIMINAL COMPLAINT UNDER SECTION 138 & 142 OF THE

NEGOTIABLE INSTRUMENTS ACT, 1881 (AS AMENDED UPTO
DATE)

Complainant
Dated: /11/2019 Through

PIPANIYA & ASSOCIATES

Ajay Kumar Pipaniya

(Advocate)
Office at: 552-553, Aggarwal Metro Height
Netaji Subhash Place, Pitampura,
Delhi - 110034
Ph-9810466554
 IN THE COURT OF LD. ACMM, ROHINI COURT COMPLEX,

NORTH WEST DISTRICT, DELHI

C.C. NO. ______ OF 2019

IN THE MATTER OF:-

Nitesh Chawla … Complainant

Versus
Gaurav Trading
Through- Gaurav Chawla … Accused

P.S – South Rohini

CRIMINAL COMPLAINT UNDER SECTION 138 & 142 OF THE

NEGOTIABLE INSTRUMENTS ACT, 1881 (AS AMENDED UPTO
DATE)

1. That complainant is the resident of above mentioned address

and is well known to one Sanjay Munjal, who introduced

complainant with the accused person .

2. That after that meeting, accused were having the visiting terms

at the house of complainant and with his sugar coated words he

won the heart of all family members of complainant .

3. That thereafter accused somewhere in January 2019 told to

complainant that he is in calamitous need of money for running

his business namely Gaurav Trading Co. and then asked for the

friendly Loan of Rs 3,00,000/- and further in order to win the

 trust of complainant , accused by his own wish agreed to provide

the interest @ 3 % Per month.

4. That at the time of taking Loan accused had also issued one post

dated cheque of Rs 1,00,000/- dated 14/08/2019 and two

promissory notes amounting to Rs 1 Lakh each. Accused had

further told to complainant that, he will issue a cheque for the

remaining amount in the month of August itself along with

interest. Copy of cheque bearing no. 255524 dated

14/08/2019 and two promissory notes are annexed

herewith as Annexure A- 1 ( COLLY).

5. That complainant keeping in view the vigorous relationship with

accused, agreed on such term and conditions and had never any

repercussion in the mind that he would be cheated by accused in

near future.

6. That complainant had left no stone unturned to provide the

accused with the friendly loan from his savings, but who knows

that your capital can be slaughter by someone iniquitous eye and

ambidextrous intention in flutter of seconds.

7. That after some time, complainant was in calamitous need of

money and complainant then in the month of July asked for the

return of amount, on which accused showed his inefficacy at that

moment and asked complainant to wait till mid of August, by

which he will clear all amount.

8. That complainant then waited till 14 August 2019, for which the

cheque was issued and with the hope that accused will also make
 the balance payment by that time with interest without any

default.

9. That complainant, without any doubt in his mind presented the

said cheque with his banker at IDBI Bank Ltd- Rohini but

complainant felt like rug swept under his feet, when the cheque

got dishonored due to reason” DRAWER SIGNATURE DIFFER” .

Copy of returning memo dated 17/08/2019 along with

postal receipt annexed herewith as Annexure A-2 ( COLLY)

10. That complainant there and then contacted accused in this

regard but he hoodwinked complainant by making one

vindication and other and further phlegmatic to complainant

that accused will make the payment in a little while by any mode.

11. That complainant had been intimated regarding the

returning memo for the cheque bearing no. 255524 on

22/09/2019, when he received the cheque along with returning

memo by way of courier.

12. That complainant being in good faith accepted that cheque,

without doubting accused emonence but complainant felt

disheartened and enervated when he presented the said cheques

and the same cheques got dishonored, due to reason DRAWER

SIGNATURE DIFFER”.

13. That complainant had also asked accused for the

remaining amount of Rs 2 Lakh along with interest, but all went

into the deaf ears of accused and he was not bothered enough to

entertain complainant now.

14. That accused issued the aforesaid Cheque premeditatedly

well that the same would be dishonored on the presentation and

from the comportment it is manifested that accused have

malafide intention refusing to full fill his part of the obligation.

15. That in view of the above accused is liable to be prosecuted

for Criminal offence committed by him under section 138 of the

Negotiable Instrument Act 1881 as amended under which he is

liable to be punished with imprisonment for a term which may

extend up to two years or with fine which may extend to twice

the amount of the cheque or with both.

138 Dishonour of cheque for insufficiency, etc., of funds in the

account. —
Where any cheque drawn by a person on an account
maintained by him with a banker for payment of any amount
of money to another person from out of that account for the
discharge, in whole or in part, of any debt or other liability, is
returned by the bank unpaid, either because of the amount of
money standing to the credit of that account is insufficient to
honour the cheque or that it exceeds the amount arranged to
be paid from that account by an agreement made with that
bank, such person shall be deemed to have committed an
offence and shall, without prejudice to any other provisions of
this Act, be punished with imprisonment for   19 [a term which
may be extended to two years], or with fine which may extend
to twice the amount of the cheque, or with both.

16. That accused is also liable to be prosecuted and punished

u/s 420 of IPC as accused has dishonest intention since the

 inception of getting services from complainant. Accused is liable

to punished under other provisions of law like-

Section 415- Cheating.—

Whoever, by deceiving any person, fraudulently or
dishonestly induces the person so deceived to deliver any
property to any person, or to consent that any person shall
retain any property, or intentionally induces the person so
deceived to do or omit to do anything which he would not do
or omit if he were not so deceived, and which act or omission
causes or is likely to cause damage or harm to that person in
body, mind, reputation or property, is said to “cheat”. 

Punishment for cheating: 420. Cheating and dishonestly

inducing delivery of property.—
Whoever cheats and thereby dishonestly induces the person
deceived to deliver any property to any person, or to make,
alter or destroy the whole or any part of a valuable security,
or anything which is signed or sealed, and which is capable of
being converted into a valuable security, shall be punished
with imprisonment of either description for a term which
may extend to seven years, and shall also be liable to fine.

17. That consequently, the Complainant got issued a legal

notice on 18/09/2019 through courier and 19/09/2019 through

speed post, calling upon the accused person to pay the amount of

the dishonored cheque bearing no. 255524 amount i.e.

Rs.1,00,000/- (Rs. One Lac Only) within 15 days from the receipt

of notice, failing which the complainant warned legal action as

contemplated under section 138 of the negotiable instrument

Act. By way of said notice, it was also well intimated to accused

 that other then dis-honourment of cheque in question,

complainant also reserves every legal right to initiate legal

proceedings against accused , for the remaining amount of Rs 2

Lakhs by filing of civil suit at the appropriate court of Law.

Copy of the Legal Notice along with the postal receipt are

annexed herewith as Annexure A3 to A 4 (Colly)

18. That legal notice notice were dispatched to the Accused

person at the above mentioned address, and the same were

received by the accused person on 20/09/2019

Copy tracking report is annexed herewith as Annexure

A- 5.

19. That the aforesaid amount of Rs. 1,00,000/- (Rs. one Lacs

Only) constitutes to be valid and legally enforceable debt, which

is outstanding and to be payable by the Accused person.

20. That the complainant is residing within the jurisdiction of

this Hon’ble Court and moreover the Bank of complainant fall

within the territorial jurisdiction of this Hon’ble Court, hence this

Hon’ble Court has the territorial jurisdiction to try, entertain and

dispose of the present complaint.

21. That court fee in accordance with law has been duly

affixed.
 IN THE COURT OF LD. ACMM, ROHINI COURT COMPLEX

NORTH WEST DISTRICT, DELHI

C.C. NO. ______ OF 2019

IN THE MATTER OF:-

Nitesh Chawla … Complainant

Versus
Gaurav Trading
Through- Gaurav Chawla … Accused

LIST OF WITNESSES

1. Sh Nitesh Chawla– Complainant

2. Punjab National Bank – Nai Subzi Mandi, Panipat, Haryana

3. IDBI Bank Ltd- Sector-3, Rohini, Delhi

4. Concerned person from the Postal Department

5. Any other witness(s) with the permission of this Hon’ble court.

Delhi
Complainant
Dated: /11/2019 Through

PIPANIYA & ASSOCIATES

Ajay Kumar Pipaniya

(Advocate)
Office at: 552-553, Aggarwal Metro Height
Netaji Subhash Place, Pitampura,
Delhi – 110034
 IN THE COURT OF LD. ACMM, ROHINI COURT COMPLEX
NORTH WEST DISTRICT, DELHI
C.C. NO. ______ OF 2019

IN THE MATTER OF:

Nitesh Chawla … Complainant

Versus
Gaurav Trading
Through- Gaurav Chawla … Accused

EVIDENCE BY WAY OF AFFIDAVIT ON BEHALF OF

COMPLAINANT CW- 1- Nitesh Chawla

I, Nitesh Chawla S/O Vivek Chawla R/O- UU-161 C, Pitampura

North West Delhi- 1100 88 do solemnly affirm and declare as under:-

1. I say that deponent is the resident of above mentioned address

and is well known to one Sanjay Munjal, who introduced

deponent with the accused person .

2. I say that after that meeting, accused were having the visiting

terms at the house of deponent and with his sugar coated words

he won the heart of all family members of deponent.

3. I say that thereafter accused somewhere in January 2019 told to

deponent that he is in calamitous need of money for running his

business namely Gaurav Trading Co. and then asked for the

friendly Loan of Rs 3,00,000/- and further in order to win the

 trust of deponent , accused by his own wish agreed to provide

the interest @ 3 % Per month.

4. I say that at the time of taking Loan accused had also issued one

post dated cheque of Rs 1,00,000/- dated 14/08/2019 and two

promissory notes amounting to Rs 1 Lakh each. Accused had

further told to deponent that, he will issue a cheque for the

remaining amount in the month of August itself along with

interest. Copy of cheque bearing no. 255524 dated

14/08/2019 and two promissory notes are Exhibited

herewith as Exhibit CW1/1 ( COLLY).

5. I say that deponent keeping in view the vigorous relationship

with accused, agreed on such term and conditions and had never

any repercussion in the mind that he would be cheated by

accused in near future.

6. I say that deponent had left no stone unturned to provide the

accused with the friendly loan from his savings, but who knows

that your capital can be slaughter by someone iniquitous eye and

ambidextrous intention in flutter of seconds..

7. I say that after some time, deponent was in calamitous need of

money and deponent then in the month of July asked for the

return of amount, on which accused showed his inefficacy at that

 moment and asked deponent to wait till mid of August, by which

he will clear all amount.

8. I say that deponent then waited till 14 August 2019, for which

the cheque was issued and with the hope that accused will also

make the balance payment by that time with interest without

any default.

9. I say that deponent, without any doubt in his mind presented the

said cheque with his banker at IDBI Bank Ltd- Rohini but

complainant felt like rug swept under his feet, when the cheque

got dishonored due to reason” DRAWER SIGNATURE DIFFER” .

Copy of returning memo dated 17/08/2019 along with

postal receipt are Exhibited herewith as Exhibit CW1/2

( COLLY).

10. I say that deponent there and then contacted accused in

this regard but he hoodwinked deponent by making one

vindication and other and further phlegmatic to deponent that

accused will make the payment in a little while by any mode.

11. I say that deponent had been intimated regarding the

returning memo for the cheque bearing no. 255524 on

22/09/2019, when he received the cheque along with returning

memo by way of courier.

12. I say that deponent being in good faith accepted that

cheque, without doubting accused emonence but complainant

felt disheartened and enervated when he presented the said

cheques and the same cheques got dishonored, due to reason

DRAWER SIGNATURE DIFFER”.

13. I say that deponent had also asked accused for the

remaining amount of Rs 2 Lakh along with interest, but all went

into the deaf ears of accused and he was not bothered enough to

entertain deponent now.

14. I say that accused issued the aforesaid Cheque

premeditatedly well that the same would be dishonored on the

presentation and from the comportment it is manifested that

accused have malafide intention refusing to full fill his part of the

obligation

15. I say that consequently, the deponent got issued a legal

notice on 18/09/2019 through courier and 19/09/2019 through

speed post, calling upon the accused person to pay the amount of

the dishonored cheque bearing no. 255524 amount i.e.

Rs.1,00,000/- (Rs. One Lac Only) within 15 days from the receipt

of notice, failing which the complainant warned legal action as

contemplated under section 138 of the negotiable instrument

 Act. By way of said notice, it was also well intimated to accused

that other then dis-honourment of cheque in question,

complainant also reserves every legal right to initiate legal

proceedings against accused , for the remaining amount of Rs 2

Lakhs by filing of civil suit at the appropriate court of Law.Copy

of the Legal Notice along with the postal receipt are

Exhibited herewith as Exhibit CW1/3 TO Ex CW1/4 (Colly)

16. I say that legal notice were dispatched to the Accused

person at the above mentioned address, and the same were

received by the accused person on 20/09/2019

Copy tracking report is exhibited herewith as Exhibit

CW1/5.

17. I say that the aforesaid amount of Rs. 1,00,000/- (Rs. one

Lacs Only) constitutes to be valid and legally enforceable debt,

which is outstanding and to be payable by the Accused person.

18. That the deponent is residing within the jurisdiction of this

Hon’ble Court and moreover the Bank of deponent fall within the

territorial jurisdiction of this Hon’ble Court, hence this Hon’ble

Court has the territorial jurisdiction to try, entertain and dispose

of the present complaint.

 IN THE COURT OF LD. ACMM, ROHINI COURT COMPLEX,

NORTH WEST DISTRICT, DELHI

C.C. NO. ______ OF 2019

IN THE MATTER OF:-

Nitesh Chawla … Complainant

Versus
Gaurav Trading
Through- Gaurav Chawla … Accused

APPLICATION UNDER PROVISION OF SECTION 142 OF THE

NEGOTIABLE INSTRUMENTS ACT, 1881 SEEKING
CONDONATION OF DELAY IN FILING OF THE COMPLAINT

Most Respectfully Showeth:

1. That the Complainant has filed the aforementioned complaint

against the accused for dishonour of cheque.

2. That the legal notice for dishonour of the cheque was served

on the accused on 20th of September, 2019 and requested to

pay the amount for the friendly loan taken from the

complainant.

3. That the Limitation for the filing the present case U/S 138 NI

Act got expired on 04/11/2019, but the same could not be

filed with in the Limitation for the reason beyond control.

4. That the counsel for the complainant was not available in

Delhi from 24 October to 01/11/2019 for the festive of

 Diwali and moreover complainant was also not available in

Delhi and then again srike was also called in all district courts

because of an altercation between an advocate and police

officials.

5. That due to aforementioned reasons there is a delay of

___days in filing the present case.

6. That the present application is bonafide and deserves to be

allowed.

PRAYER

It is therefore most respectfully prayed:-

A. That the delay of ___days in filing the present case may

kindly be condoned and the complaint be taken on record.

B. Pass any such order(s) as this Hon’ble court may deem fit.

Delhi
Complainant
Dated: /11/2019 Through

PIPANIYA & ASSOCIATES

Ajay Kumar Pipaniya

(Advocate)
Office at: 552-553, Aggarwal Metro Height
Netaji Subhash Place, Pitampura,
Delhi – 110034
 IN THE COURT OF LD. ACMM, ROHINI COURT COMPLEX

NORTH WEST DISTRICT, DELHI

C.C. NO. ______ OF 2019

IN THE MATTER OF:

Nitesh Chawla … Complainant

Versus
Gaurav Trading
Through- Gaurav Chawla … Accused

AFFIDAVIT

I, Nitesh Chawla S/O Vivek Chawla R/O- UU-161 C, Pitampura

North West Delhi- 1100 88 do solemnly affirm and declare as under.

1. That I am the complainant in the above noted case and as such

fully conversant with the facts of the case and competent to

depose the present affidavit.

2. That the present application has been drafted by my counsel

under my instruction and the contents of the same are true

and correct to my knowledge and read over to me in

vernacular and may be treated as part and parcel of this

affidavit and are not being repeated herein for the sake of

brevity.
 IN THE COURT OF LD. ACMM, ROHINI COURT COMPLEX,

NORTH WEST DISTRICT, DELHI

C.C. NO. ______ OF 2019

IN THE MATTER OF:-

Nitesh Chawla … Complainant

Versus
Gaurav Trading
Through- Gaurav Chawla … Accused

INDEX
Sr Particular Page No.
No.
1 Memo of Parties
2 Criminal Complaint under section 138 of the

Negotiable Instruments Act, 1881

3 Evidence by way of Affidavit
4 Application f U/S 142 of the N.I Act, 1881 for

seeking condonation of delay in filing present

complaint.
5 Afa Affidavit under section 65 B of Indian Evidence

Act.
6 List of Documents along with Documents
7 List of Witnesses
8 Vakalatnama

Delhi
Complainant
Dated: /08/2019 Through

PIPANIYA & ASSOCIATES

Ajay Kumar Pipaniya, Rohit Arora,

 Paras Punyani & Nikita Garg
(Advocates)
Office at: 552-553, Aggarwal Metro Height
Netaji Subhash Place, Pitampura,
Delhi - 110034