IN THE HON’BLE METROPOLITAN MAGISTRATE’S

COURT AT PUNE

CRIMINAL CASE NO. _______/SS/2021

Mr. Sharad Laxman Kharmate,

Aged 40 Yrs, Indian Habitant residing at

Flat No. 486/A, Gitary Niwas,

Enkul Kharmate Mala, Khatav, Satara …Complainant

Vs.

Shri. Prashant Sitaram Khade,

Post- Enkul, Taluka – Khatav,

District - Satara,

State- Maharashtra – 415507 … Accused

COMPLAINT UNDER SECTION 138 ROF THE

NEGOTIABLE INSTRUMENTS ACT, 1881
MAY IT PLEASE YOUR HONOUR:

1. The Complainant herein is a individual person having

address as per cause title. Accused is a individual person

having address as per cause title.

2. The above complaint has been filed by Mr. Sharad

Lakshman Kharmate hereinafter referred as “Complainant”.

 The complainant is into a service and the complainant and

accused both are a friend together for long time. Copies of

Aadhaar Card Copy is annexed hereto and marked

Annexure “A”.

3. That, The Accused had asked a friendly loan of Rs.

5,25,000/- (Rupees Five Lakh Twenty Five Thousand Only)

with the complainant. The complainant had issued a cheque

on dated 05/12/2018 with bearing number 751435 of Rs.

5,25,000/- (Rupees Five Lakh and Twenty Five Thousand

Only) in favour of the accused. The copy of Bank Passbook

is annexed hereto and marked Annexure “B”

4. That Accused has assured complainant that he will repay

friendly loan within Six month but accused has failed to

make any payment to the complainant. Theratfer

complainant has started taking follow-up with accsued then

accused has issued cheque payable in favour of

complainant, with an assurance that the said cheque would

be honoured as and when the same are be presented for

encashment. The details of the Cheques are as under:-

Chq no. Issued on Amount

 (Date)

275329 01-06-2021 5,25,000 /-

Copies of the aforesaid cheques are annexed hereto and

marked Annexure “C”.

5. Based on the above assurances and promises, the

complainant deposited the aforesaid cheques with the

complainant’s Bank namely State Bank of India in Pune on

27.08.2021 for realization thereof, however the same have

been returned dishonoured by the banker of accused. The

complainant received cheque return memos both dated

27.08.2021 from his SBI Bank, Pune whereby it was

informed that the said cheques were returned due to Fund

Insufficient”.Copies of the returning memos are annexed

hereto and marked Annexure “D” respectively.

6. That thereafter complainant has issue legal notice u/s 138 of

NI Act through his Advocate Indreshkumar Tiwari notice

dated 09.09.2021 to the accused persons herein thereby

calling upon the accused persons to pay to the complainant

the amount of the cheques. The said notice was dispatched

by Post as also by courier. Copies of the legal notices are

 annexed hereto and marked Annexure E and the copies of

postal receipts and courier receipts are annexed hereto and

marked Annexure G

7. The aforesaid notices were duly delivered on Accused.

Copies of the confirmations from website of the courier are

annexed hereto and marked Exhibit H (Colly)

8. The cheques in question have been issued for part discharge

of debt payable by accused to the complainant.

9. Therefore the accused liable for the dishonor of the said

cheque as per Section 138 of the Negotiable Instruments’

Act. Despite giving solemn assurances and affirmations, all

the accused persons did not care to fulfill the said

assurances and promises for honoring the said cheques.

When the cheques were dishonoured, the accused failed

and neglected to comply with the statutory notice issued to

them and have therefore rendered themselves liable for

prosecution under Section 138 of the Negotiable

Instruments Act, 1881,

10.The drawee bank i.e. State Bank of India of the accused is

at Pune, on whom the cheques that are subject matter of this

 complaint were drawn and were dishonoured. The same

falls under the purview of this Hon’ble Court. Therefore

this Hon’ble Court has territorial jurisdiction to hear and

decide this complaint.

11.The above all cheques were presented for encashment

within the validity period of three months. The cheques

were returned dishonoured multiple times on various

occassions and thereafter statutory notice was issued on

09/09/2021 i.e. within the prescribed period of 30 days. The

said notice was delivered to the accused persons and they

were required to honour the same within 15 days. However

when they have failed and neglected to do so, the complaint

under Section 138 is required to be filed against them

within 30 days. Accordingly this complaint has been filed

………….delay therefore delay condonation application is

also annexed with the main application.

12. It is submitted that the accused herein have committed an

offence under Section 138 of the Negotiable Instruments

Act, 1881 Act by virtue of their failure to honour the

cheques issued towards part discharge of a legally

 enforceable debt. The accused is failed and neglected to

ensure the payment despite service of the statutory notice,

he is liable to be prosecuted for the offence. Therefore the

accused ought to be punished as per law.

13.A list of witnesses and documents on behalf of the

complainant is annexed to the complaint.

PRAYER

It is therefore humbly prayed :-

a. That this Hon'ble Court may be pleased to take

cognisance of the complaint herein above and further

may be pleased to issue process against the accused

under section 138 read of the Negotiable Instruments’

Act, 1881 and thereafter deal with the accused persons

in accordance with provisions of law.

b. This Hon’ble Court be pleased to issue such other and

further orders as deemed fit in the interest of justice.

c. Costs

Place: Pune
 Date: Complainant

Verification

I, Sharad Laxman Kharmate, authorized representative of the

complainant declare that the contents of the foregoing

complaint are true and correct to the best of my knowledge and

belief.

Solemnly affirmed at Pune )

This ___ day of November 2021 ) Deponent

Advocates for the Complainant

IN THE COURT OF
METROPOLITAN MAGISTRATED
AT PUNE

CASE NO. /SS/2021.

Mr. Sharad Laxman Kharmate

……..COMPLAINANT

VERSES
 Mr. Prashant Sitaram Khade
…….…ACCUSED

COMPLAINT U/S 138 OF

NEGOTIABLE INSTRUMENT
ACTS.

Dated : November,
2021.

Adv. Indreshkumar V Tiwari

Office No. 7, Sonam Aangan
Buiding, New Golden Nest Phase 9,
Bhayandar East, Thane- 401105.
Email id: itiwari821@gmail.com

Mobile - 7021641740