Check List
Under Section 138 of Negotiable Instruments Act,
1881
SUBHASH PLACE Index with
Police Paging
Station
NORTH DISTRICT File Cover
District
1. Name and Address M/S. Edgetech Air
of Complainant Systems Pvt. Ltd.
Through its Managing
Director
Mr. Amit Goel
Having its registered
office at 403-404,
Gopal Heights, Netaji
Subhash Place,
PITAM PURA,
NEW DELHI-110034,
2. Name and Address M/S. PENTAGON EL-
of Accused(s) MECH SOLUTIONS
PVT. LTD.
THROUGH ITS
DIRECTOR
MR. HITENDRA
MAGANBHAI
KOTHAKAR,
HAVING ITS
REGISTERED OFFICE
AT: 1ST FLOOR,
GANGA HOUSE, OPP.
CIPLA ABOVE KOTAK
MAHINDRA BANK,
VIKHROLI (W),
MUMBAI,
MAHARASHTRA –
400083.
3. Name of Police
Station
4. Total Cheque Rs. 3,85,072/-
Amount
5. Details Regarding N.A.
Any Other Cases
U/S 138
Negotiable
Instruments Act
Pending Against
Same Accused(s)
6. Name Of The N.A.
Courts Where
Such Case Is
Pending
7. Complaint Case N.A.
Number
8. Next Date Of N.A.
Hearing Before
Such Courts
9. Any Other NIL
Information
(Example
Agreement Of
Loan etc.) With
Date And Other
Particulars.
IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE,
NORTH, ROHINI COURT, NEW DELHI
CRIMINAL COMPLAINT NO ________ OF 2023
IN THE MATTER OF:-
M/S. EDGETECH AIR SYSTEMS PVT. LTD
….COMPLAINANT
VERSUS
M/S. PENTAGON EL-MECH SOLUTIONS PVT. LTD ...ACCUSED
POLICE STATION: SUBHASH PLACE
DISTRICT: NORTH DELHI
INDEX
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S.no. Particulars Pages
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1. Memo of Parties
2. Criminal complaint u/s 138 of the
Negotiable Instruments Act alongwith
Affidavit.
3. List of witnesses
4. List of documents
5. Evidence by way of Affidavit
6. Vakalatnama
-----------------------------------------------------------------------------
COMPLAINANT
DELHI
DATED
THROUGH
A&A LAW CORP LLP
ADVOCATES
E-16/391, SECTOR-8,
ROHINI DELHI-110085
EMAIL: vivekaggarwal80@yahoo.com
IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE,
NORTH, ROHINI COURT, NEW DELHI
CRIMINAL COMPLAINT NO ________ OF 2023
IN THE MATTER OF:-
M/S. EDGETECH AIR SYSTEMS PVT. LTD
….COMPLAINANT
VERSUS
M/S. PENTAGON EL-MECH SOLUTIONS PVT. LTD ...ACCUSED
POLICE STATION: SUBHASH PLACE
DISTRICT: NORTH DELHI
MEMO OF PARTIES
M/S. EDGETECH AIR SYSTEMS PVT. LTD.
THROUGH ITS MANAGING DIRECTOR
MR. AMIT GOEL
HAVING ITS OFFICE AT:
GOPAL HEIGHTS, NETAJI SUBHASH PLACE
PITAM PURA,
NEW DELHI …COMPLAINANT
VERSUS
M/S. PENTAGON EL-MECH SOLUTIONS PVT. LTD.,
HAVING ITS REGISTERED OFFICE AT:
1ST FLOOR, GANGA HOUSE, OPP. CIPLA ABOVE KOTAK
MAHINDRA BANK, VIKHROLI (W),
MUMBAI, MAHARASHTRA – 400083.
MR. HITENDRA MAGANBHAI KOTHAKAR
DIRECTOR M/S. PENTAGON EL-MECH SOLUTIONS PVT. LTD.,
HAVING ITS REGISTERED OFFICE AT: 1ST FLOOR,
GANGA HOUSE, OPP. CIPLA
ABOVE KOTAK MAHINDRA BANK,
VIKHROLI (W), MUMBAI,
MAHARASHTRA – 400083
MR. YOGESH RAJARAM BANSODE
DIRECTOR M/S. PENTAGON EL-MECH SOLUTIONS PVT. LTD.,
HAVING ITS REGISTERED OFFICE AT:
1ST FLOOR, GANGA HOUSE, OPP. CIPLA ABOVE KOTAK
MAHINDRA BANK,
VIKHROLI (W), MUMBAI,
MAHARASHTRA – 400083.
MR. SANJAY RAWJI MALKAR
DIRECTOR M/S. PENTAGON EL-MECH SOLUTIONS PVT. LTD.,
HAVING ITS REGISTERED OFFICE AT:
1ST FLOOR, GANGA HOUSE, OPP. CIPLA ABOVE KOTAK
MAHINDRA BANK,
VIKHROLI (W), MUMBAI,
MAHARASHTRA – 400083.
MR. FRANCIS SAGAYA RAJ
DIRECTOR M/S. PENTAGON EL-MECH SOLUTIONS PVT. LTD.,
HAVING ITS REGISTERED OFFICE AT:
1ST FLOOR, GANGA HOUSE, OPP. CIPLA ABOVE KOTAK
MAHINDRA BANK, VIKHROLI (W),
MUMBAI,
MAHARASHTRA – 400083 …. ACCUSED PERSON
COMPLAINANT
DELHI THROUGH:
DATED
A&A LAW CORP LLP
ADVOCATES
E-16/391, SECTOR-8,
ROHINI DELHI-110085
Email:vivekaggarwal80@yahoo.com
IN THE COURT OF CHIEF METROPOLITAN
MAGISTRATE, CENTRAL , TIS HAZARI COURTS, NEW
DELHI
CRIMINAL COMPLAINT NO ________ OF 2023
IN THE MATTER OF:-
M/S. EDGETECH AIR SYSTEMS PVT. LTD.
….COMPLAINANT
VERSUS
M/S. PENTAGON EL-MECH SOLUTIONS PVT. LTD. ..ACCUSED
PERSON
POLICE STATION: KAROL BAGH
DISTRICT: CENTRAL DELHI
CRIMINAL COMPLAINT UNDER SECTION 138 OF THE
NEGOTIABLE INSTRUMENT ACT, 1881, AS AMENDED
UP TO DATE
Most Respectfully Showeth:
1. That our client is a company registered under the
provisions of Indian Companies Act, having its
registered office at 403-404, Gopal Heights, Netaji
Subhash Place, Pitam Pura, Delhi - 110034 and our
client being the juristic legal personality, has been
impleaded through its Managing Director Mr. Amit
Goel who is managing and controlling the day-to-day
affairs of our client and is fully aware with the facts
and circumstances of the present case and competent
and authorized person to serve the present legal
notice of demand upon you the above addressees.
2. That you the above addressee no. 1 is a HVAC and
CRITICAL SPACE BUILD Company with primary focus
area in HVAC design, build and commissioning and the
addressee no. 1 being the juristic legal personality,
has been impleaded through its directors i.e.,
addressee no. 2 to 5 who are managing and
controlling the day-to-day affairs of the addressee no.
1 and are fully aware with the facts and circumstances
of the present case and competent and authorized
person to be served with the present legal notice of
demand.
3. That the quality and service of the products of our
client is well known throughout the market and hence
you, the above addressees, had approached our client
for the purchase of its product as per instructions,
order, demands of you the above addressees placed at
our client’s office at Bahadurgarh, 45 KM stone, Rohad
Industrial Area, Village Rohad Bye-Pass, near IUP
Jindal, Haryana – 124507.
4. That our client had supplied various products to you
the above addressees from time to time through
invoices, bills, challan, and purchase orders, and the
goods were delivered to you, the above addressee
which have been used and appropriated by you the
above addressee.
5. That our client has been maintaining a running
account in the name of you, the above addressee, in
its regular course of business and as per the books of
account of our client for the period 01.04.2023 to
27.06.2023 you the above addressee have an
outstanding amount of Rs. 85,58,703/- (RUPEES
EIGHTY-FIVE LACS FIFTY-EIGHT THOUSAND SEVEN
HUNDRED AND THREE RUPEES ONLY).
6. That in discharge of the above outstanding liability,
you the above addressee, had drawn a cheque of
ICICI Bank for a sum of Rs. 3,85,072/- (RUPEES
THREE LACS EIGHTY FIVE THOUSAND SEVENTY TWO
ONLY), bearing cheque no. 012944, dated 21.03.2023,
drawn on HDFC Bank which was duly signed by the
authorised signatories of you, the above addressee no.
1.
Other details of the concerned cheque are:
Branch DHEERAJ KAWAL,
GROUND FLOOR, LBS
MARG, VIKHROLI,
WEST MUMBAI- 400079
IFSC HDFC0000998
Drawer PENTAGON EL MECH
SOLUTIONS PVT. LTD.
A/C no. 50200009839936
Payee EDGETECH AIR SYSTEMS
PVT. LTD.
7. That our client, as per the directions and instructions
of you the above addressee, our client presented the
aforesaid within the time prescribed in Negotiable
Instruments Act 1881 in his bank i.e., ICICI Bank, NSP
Branch and the said cheque was returned by your
bank with a remark “PAYMENT STOPPED” vide cheque
returning memo 12.06.2023.
8. That after receiving the aforesaid memo, our client
intimated you the addressees regarding the dishonor
of the aforesaid cheque and requested you the above
addressees to fulfill your obligation and clear the
outstanding amount but you the above addressees did
not pay any heed to our client and such conduct on
the part of you the addressees have caused grave
financial hardship and loss to our client.
9. That you the addressees being the drawer of the
cheque were under a legal obligation to maintain
sufficient balance in your account for honouring of the
cheque and you the addressees deliberately, willfully,
knowingly and intentionally did not maintain sufficient
balance in your bank account for encashment of the
cheque and you the above addressees are fully aware
about the fact that the cheque was issued by you the
addressees on account of legally recoverable debts
and you the addressees are liable to make the
payment of the cheque amount.
10. That you the addressees in spite of repeated
requests, and calls made by our client are not making
the payment of the aforesaid outstanding amount and
you the addressees are deliberately, willfully,
knowingly and intentionally avoiding the same and you
the addressees at the time of giving the cheque had
given full assurance that you the addressees will
honour the cheque.
11. That the non-repayment on the part of you the
above addressees have caused grave financial losses
and damages to our client, which further forced our
client to face mental agony.
12. That on account of the above facts, you the above
addressees are liable to be prosecuted under section
138 of the Negotiable Instrument Act, 1881 as
amended up to date read with section 420 of the India
Penal Code, under which you the addressees are liable
to be punished with imprisonment which may extend
to two years or with fine which may extend to twice
the amount of the cheque or with both. The
aforementioned sections have been enumerated as
below:
Section 138 of Negotiable Instruments Act, 1881:
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: Provided that
nothing contained in this section shall apply unless—
(a) the cheque has been presented to the
bank within a period of six months
from the date on which it is drawn or
within the period of its validity,
whichever is earlier;
(b) the payee or the holder in due course
of the cheque, as the case may be,
makes a demand for the payment of
the said amount of money by giving a
notice in writing, to the drawer of the
cheque, 20 [within thirty days] of the
receipt of information by him from the
bank regarding the return of the
cheque as unpaid; and
(c) the drawer of such cheque fails to
make the payment of the said amount
of money to the payee or, as the case
may be, to the holder in due course of
the cheque, within fifteen days of the
receipt of the said notice. Explanation.
— For the purposes of this section,
“debt or other liability” means a
legally enforceable debt or other
liability.
Section 420 in The Indian Penal Code
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.
13. That apart from the above-mentioned offences, you
the above addressee is also liable to be prosecuted
under various other sections of Indian Penal Code,
1860 enumerated as below:
Section 405. Criminal breach of trust.
Whoever, being in any manner entrusted with property,
or with any dominion over property, dishonestly
misappropriates or converts to his own use that
property, or dishonestly uses or disposes of that
property in violation of any direction of law prescribing
the mode in which such trust is to be discharged, or of
any legal contract, express or implied, which he has
made touching the discharge of such trust, or wilfully
suffers any other person so to do, commits "criminal
breach of trust".
1[2[Explanation 1].A person, being an employer 3[of an
establishment whether exempted under section 17 of
the Employees Provident Funds and Miscellaneous
Provisions Act, 1952 (19 of 1952) or not] who deducts
the employees contribution from the wages payable to
the employee for credit to a Provident Fund or Family
Pension Fund established by any law for the time being
in force, shall be deemed to have been entrusted with
the amount of the contribution so deducted by him and
if he makes default in the payment of such contribution
to the said Fund in violation of the said law, shall be
deemed to have dishonestly used the amount of the
said contribution in violation of a direction of law as
aforesaid.]
4 [Explanation 2.A person, being an employer, who
deducts the employees contribution from the wages
payable to the employee for credit to the Employees
State Insurance Fund held and administered by the
Employees State Insurance Corporation established
under the Employees State Insurance Act, 1948 (34 of
1948), shall be deemed to have been entrusted with
the amount of the contribution so deducted by him and
if he makes default in the payment of such contribution
to the said Fund in violation of the said Act, shall be
deemed to have dishonestly used the amount of the
said contribution in violation of a direction of law as
aforesaid.]
Section 406. Punishment for criminal breach of trust.
Whoever commits criminal breach of trust shall be
punished with imprisonment of either description for a
term which may extend to three years, or with fine, or
with both.
Under the circumstances, we call upon you the
addressee to pay the outstanding amount of Rs.
3,85,072/- (RUPEES THREE LACS EIGHTY FIVE
THOUSAND SEVENTY TWO ONLY), alongwith interest
@ 18% p.a. from the due date till the date of
realization of the said amount and a sum of Rs.55,000/-
towards legal expenses within fifteen days of the
receipt of this notice, failing which our client shall be
constrained to initiate appropriate legal proceeding
against you the addressee in the appropriate court of
law and in that event you the addressee shall be liable
for all costs and consequences and we have already
been given instructions to this effect.
i) Initiate action against you the above addressees
under relevant provisions of civil law.
ii) Initiate action against you the above addressees
under relevant provisions of criminal law.
iii) Take any other course of action which may deem
fit.
This is without prejudice to all other legal rights and
remedies available to our client for the above-stated
purpose.
PRAYER:-
It is therefore most respectfully prayed that this Hon’ble
court may very kindly be pleased to:
A. Initiate action against the accused persons as
provided under section 138 of the Negotiable
Instruments Act 1881, as amended up to date and
the accused persons be summoned, tried,
prosecuted, convicted and be punished and sentence
as per the provisions of section 138 of N.I. Act, in the
interest of justice;
B. Direct the accused persons to give the compensation
u/s 357 Cr.P.C.
C. Direct the accused persons to pay the compensation
as per letter and spirit of section 117 of N.I. Act;
D. Direct the accused persons to pay Rs.3,85,072/- to
the Complainant in respect of the legal expenses
incurred by him.
E. Pass any other and further orders which this Hon’ble
court may deem just and proper in the facts and
circumstances of the case.
COMPLAINANT
DELHI
DATED THROUGH
A&A LAW CORP LLP
ADVOCATES
IN THE COURT OF CHIEF METROPOLITAN
MAGISTRATE, CENTRAL , TIS HAZARI COURTS, NEW
DELHI
CRIMINAL COMPLAINT NO ________ OF 2023
IN THE MATTER OF:-
M/s. Edgetech Air Systems Pvt. Ltd. ….COMPLAINANT
VERSUS
M/s. Pentagon El- Mech Solutions Pvt. Ltd. ….ACCUSSED
PERSON
POLICE STATION: KAROL BAGH
DISTRICT: CENTRAL DELHI
AFFIDAVIT
I, Sh. Puneet Jain aged about ___ years, S/o, having its
shop at 201, 2ND Floor, 2059/38 Gold Plaza Building,
Gurudwara Road, Karol Bagh, New Delhi-110005,do hereby
solemnly affirm and declare as under: -
1. That the deponent is Complainant in the above stated
complain case and well conversant with the facts of the
case.
2. That deponent has not filed any other complaint u/s 138
of N.I. Act in respect of cheque for a sum of Rs.
5,13,701/- (RS. FIVE LACS THIRTEEN THOUSAND
SEVEN HUNDRED AND ONE ONLY), bearing cheque no.
000080, dated 03.01.2023, drawn at HDFC BANK.
DEPONENT
Verified at Delhi, on this __ day of ________, 2023, that all
the contents of the above stated affidavit are correct and
true to the best of my knowledge and belief, no part of it is
false and nothing material has been concealed there
from.
DEPONENT
IN THE COURT OF CHIEF METROPOLITAN
MAGISTRATE, CENTRAL , TIS HAZARI COURTS, NEW
DELHI
CRIMINAL COMPLAINT NO ________ OF 2023
IN THE MATTER OF:-
M/S. EDGETECH PVT. LTD. ….COMPLAINANT
VERSUS
M/S. PENTAGON EL-MECH SOLUTIONS PVT. LTD.
….ACCUSED PERSON
POLICE STATION: KAROL BAGH
DISTRICT: CENTRAL DELHI
LIST OF WITNESSES
1. Complainant
2. The concerned officer of the complainant bank.
3. The concerned clerk of the accused bank.
4. The concerned clerk of the postal department.
5. Any other necessary witness if required, with the
permission of this Hon’ble court.
DELHI
COMPLAINANT
DATED THROUGH
A&A LAW CORP LLP
ADVOCATES
IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE,
CENTRAL , TIS HAZARI COURTS, NEW DELHI
CRIMINAL COMPLAINT NO ________ OF 2023
IN THE MATTER OF:-
M/S. EDGETECH PVT. LTD. ….COMPLAINANT
VERSUS
M/S. PENTAGON EL-MECH SOLUTIONS PVT. LTD.
….ACCUSED PERSON
POLICE STATION: KAROL BAGH
DISTRICT: CENTRAL DELHI
LIST OF DOCUMENTS
1. Copy of the invoice is ANNEXURE A
2. Copy of Ledger is ANNEXURE B
3. Copy of Cheque is ANNEXURE C
4. Copy of Return Memo is ANNEXURE D
5. Copy of complaint is ANNEXURE E (COLLY)
6. Copy of Legal Notice, proof of service and tracking as
Annexure F(COLLY).
COMPLAINANT
DELHI
DATED THROUGH
A&A LAW CORP LLP
ADVOCATES
IN THE COURT OF CHIEF METROPOLITAN
MAGISTRATE, CENTRAL , TIS HAZARI COURTS, NEW
DELHI
CRIMINAL COMPLAINT NO ________ OF 2023
IN THE MATTER OF:-
M/S. EDGETECH PVT. LTD. ….COMPLAINANT
VERSUS
M/S. PENTAGON EL-MECH SOLUTIONS PVT. ……ACCUSSED
POLICE STATION: KAROL BAGH
DISTRICT: CENTRAL DELHI
EVIDENCE BY WAY OF AFFIDAVIT OF CW-1
1. That our client is a company registered under the
provisions of Indian Companies Act, having its
registered office at 403-404, Gopal Heights, Netaji
Subhash Place, Pitam Pura, Delhi - 110034 and our
client being the juristic legal personality, has been
impleaded through its Managing Director Mr. Amit
Goel who is managing and controlling the day-to-day
affairs of our client and is fully aware with the facts
and circumstances of the present case and competent
and authorized person to serve the present legal
notice of demand upon you the above addressees.
2. That you the above addressee no. 1 is a HVAC and
CRITICAL SPACE BUILD Company with primary focus
area in HVAC design, build and commissioning and the
addressee no. 1 being the juristic legal personality,
has been impleaded through its directors i.e.,
addressee no. 2 to 5 who are managing and
controlling the day-to-day affairs of the addressee no.
1 and are fully aware with the facts and circumstances
of the present case and competent and authorized
person to be served with the present legal notice of
demand.
3. That the quality and service of the products of our
client is well known throughout the market and hence
you, the above addressees, had approached our client
for the purchase of its product as per instructions,
order, demands of you the above addressees placed at
our client’s office at Bahadurgarh, 45 KM stone, Rohad
Industrial Area, Village Rohad Bye-Pass, near IUP
Jindal, Haryana – 124507.
4. That our client had supplied various products to you
the above addressees from time to time through
invoices, bills, challan, and purchase orders, and the
goods were delivered to you, the above addressee
which have been used and appropriated by you the
above addressee.
5. That our client has been maintaining a running
account in the name of you, the above addressee, in
its regular course of business and as per the books of
account of our client for the period 01.04.2023 to
27.06.2023 you the above addressee have an
outstanding amount of Rs. 85,58,703/- (RUPEES
EIGHTY-FIVE LACS FIFTY-EIGHT THOUSAND SEVEN
HUNDRED AND THREE RUPEES ONLY).
6. That in discharge of the above outstanding liability,
you the above addressee, had drawn a cheque of
ICICI Bank for a sum of Rs. 3,85,072/- (RUPEES
THREE LACS EIGHTY FIVE THOUSAND SEVENTY TWO
ONLY), bearing cheque no. 012944, dated 21.03.2023,
drawn on HDFC Bank which was duly signed by the
authorised signatories of you, the above addressee no.
1.
Other details of the concerned cheque are:
Branch DHEERAJ KAWAL,
GROUND FLOOR, LBS
MARG, VIKHROLI,
WEST MUMBAI- 400079
IFSC HDFC0000998
Drawer PENTAGON EL MECH
SOLUTIONS PVT. LTD.
A/C no. 50200009839936
Payee EDGETECH AIR SYSTEMS
PVT. LTD.
7. That our client, as per the directions and instructions
of you the above addressee, our client presented the
aforesaid within the time prescribed in Negotiable
Instruments Act 1881 in his bank i.e., ICICI Bank, NSP
Branch and the said cheque was returned by your
bank with a remark “PAYMENT STOPPED” vide cheque
returning memo 12.06.2023.
8. That after receiving the aforesaid memo, our client
intimated you the addressees regarding the dishonor
of the aforesaid cheque and requested you the above
addressees to fulfill your obligation and clear the
outstanding amount but you the above addressees did
not pay any heed to our client and such conduct on
the part of you the addressees have caused grave
financial hardship and loss to our client.
9. That you the addressees being the drawer of the
cheque were under a legal obligation to maintain
sufficient balance in your account for honouring of the
cheque and you the addressees deliberately, willfully,
knowingly and intentionally did not maintain sufficient
balance in your bank account for encashment of the
cheque and you the above addressees are fully aware
about the fact that the cheque was issued by you the
addressees on account of legally recoverable debts
and you the addressees are liable to make the
payment of the cheque amount.
10. That you the addressees in spite of repeated
requests, and calls made by our client are not making
the payment of the aforesaid outstanding amount and
you the addressees are deliberately, willfully,
knowingly and intentionally avoiding the same and you
the addressees at the time of giving the cheque had
given full assurance that you the addressees will
honour the cheque.
11. That the non-repayment on the part of you the
above addressees have caused grave financial losses
and damages to our client, which further forced our
client to face mental agony.
12. That on account of the above facts, you the above
addressees are liable to be prosecuted under section
138 of the Negotiable Instrument Act, 1881 as
amended up to date read with section 420 of the India
Penal Code, under which you the addressees are liable
to be punished with imprisonment which may extend
to two years or with fine which may extend to twice
the amount of the cheque or with both. The
aforementioned sections have been enumerated as
below:
Section 138 of Negotiable Instruments Act, 1881:
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: Provided that
nothing contained in this section shall apply unless—
(d) the cheque has been presented to the
bank within a period of six months
from the date on which it is drawn or
within the period of its validity,
whichever is earlier;
(e) the payee or the holder in due course
of the cheque, as the case may be,
makes a demand for the payment of
the said amount of money by giving a
notice in writing, to the drawer of the
cheque, 20 [within thirty days] of the
receipt of information by him from the
bank regarding the return of the
cheque as unpaid; and
(f) the drawer of such cheque fails to
make the payment of the said amount
of money to the payee or, as the case
may be, to the holder in due course of
the cheque, within fifteen days of the
receipt of the said notice. Explanation.
— For the purposes of this section,
“debt or other liability” means a
legally enforceable debt or other
liability.
Section 420 in The Indian Penal Code
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.
13. That apart from the above-mentioned offences, you
the above addressee is also liable to be prosecuted
under various other sections of Indian Penal Code,
1860 enumerated as below:
Section 405. Criminal breach of trust.
Whoever, being in any manner entrusted with property,
or with any dominion over property, dishonestly
misappropriates or converts to his own use that
property, or dishonestly uses or disposes of that
property in violation of any direction of law prescribing
the mode in which such trust is to be discharged, or of
any legal contract, express or implied, which he has
made touching the discharge of such trust, or wilfully
suffers any other person so to do, commits "criminal
breach of trust".
1[2[Explanation 1].A person, being an employer 3[of an
establishment whether exempted under section 17 of
the Employees Provident Funds and Miscellaneous
Provisions Act, 1952 (19 of 1952) or not] who deducts
the employees contribution from the wages payable to
the employee for credit to a Provident Fund or Family
Pension Fund established by any law for the time being
in force, shall be deemed to have been entrusted with
the amount of the contribution so deducted by him and
if he makes default in the payment of such contribution
to the said Fund in violation of the said law, shall be
deemed to have dishonestly used the amount of the
said contribution in violation of a direction of law as
aforesaid.]
4 [Explanation 2.A person, being an employer, who
deducts the employees contribution from the wages
payable to the employee for credit to the Employees
State Insurance Fund held and administered by the
Employees State Insurance Corporation established
under the Employees State Insurance Act, 1948 (34 of
1948), shall be deemed to have been entrusted with
the amount of the contribution so deducted by him and
if he makes default in the payment of such contribution
to the said Fund in violation of the said Act, shall be
deemed to have dishonestly used the amount of the
said contribution in violation of a direction of law as
aforesaid.]
Section 406. Punishment for criminal breach of trust.
Whoever commits criminal breach of trust shall be
punished with imprisonment of either description for a
term which may extend to three years, or with fine, or
with both.
Under the circumstances, we call upon you the
addressee to pay the outstanding amount of Rs.
3,85,072/- (RUPEES THREE LACS EIGHTY FIVE
THOUSAND SEVENTY TWO ONLY), alongwith interest
@ 18% p.a. from the due date till the date of
realization of the said amount and a sum of Rs.55,000/-
towards legal expenses within fifteen days of the
receipt of this notice, failing which our client shall be
constrained to initiate appropriate legal proceeding
against you the addressee in the appropriate court of
law and in that event you the addressee shall be liable
for all costs and consequences and we have already
been given instructions to this effect.
iv) Initiate action against you the above addressees
under relevant provisions of civil law.
v) Initiate action against you the above addressees
under relevant provisions of criminal law.
vi) Take any other course of action which may deem
fit.
This is without prejudice to all other legal rights and
remedies available to our client for the above-stated
purpose.
DEPONENT
VERIFICATION:-
Verified at Delhi, on this day of , 2023 that all the
contents of the above stated affidavit are correct and true
to the best of my knowledge and belief, no part of it is
false and nothing material has been concealed there from.
DEPONENT
