IN THE COURT OF LD.
METROPOLITAN
MAGISTRATE’S
AT ESPLANDE, MUMBAI
C.C. NO. / OF 2024
Anand Nandkishore Sarda }…..Complainant
VERSUS
Vaibhav Cloth Center )
Through it’s Owner
Vaibhav Patil )…Respondents/Orig.Accused
AFFIDAVIT TO BE READ AS VERIFICATION
STATEMENT
I, Anand Nandkishore Sarda , R/o D/6, B Wing, Flat No. 601
Ashok Nagar, Off Military Road, Marol, Andheri East Sakinaka
Mumbai 400 072, the complainant above named do hereby
solemnly affirms and states as under:-
1. I say that, I came in contact with the Respondent
through business of sale and purchase of cloths
materials items and the Respondent is my regular
customer .
2. I say that, I supplied Cloth material as per order of the
Respondent worth of Rs. 3,27,462/- to the
Respondent. The said goods / material was delivered
to the Respondent address as per the Respondent
instruction. It is submitted that Respondent issued a
cheque through Respondent bank account standing in
my name, signed by the Respondent vide cheque
bearing no. 503412 dated 12.03.2024 for Rs:
3,27,462/-/- (Rs: Three lakh , Twenty Seven
Thousand, four hundred and sixty two only) favoring
Anand Trading Co. drawn on YES Bank ltd. Indapur
Pune branch at Indapur Pune, Maharashtra in the
name of Complainant towards the discharge offrom
the liability.
3. I say that, I issued a invoices/bill for purchased
material shipment bearing number with charges are as
follows:-
Invoice no. 19095, Rs 51446/-
Invoice no. 18273, Rs. 67263/-
Invoice no. 18274, Rs. 85087/-,
Invoice No. 18275, Rs. 65861/-
Invoice no. 18334, Rs. 16010/-
Total Amount of Rs. 2,85,667/- (Two Lakh Eighty
Five Thousand Six Hundred Sixty Seven) balance on
Respondent. It is further submitted that the payable
by the Respondent alongwith interest of Rs.
Rs:3,27,462/- (Rs: Three Lakh Twenty Seven
Thousand and Four Hundred and Sixty Two only)
4. I say that I was made to believe by Respondent that at
the time of presentation the aforesaid cheque will be
cleared and the amount shall be paid in my account.
And I Believing Respondent representation and
accepted the said cheque and gave the aforesaid
services to the Respondent. The said material was
delivered to the Respondent immediately and the same
had been received by the Respondent and then after a
Year the Respondent given a cheque came to be
issued in favour of me.
5. I say that, I deposited the said cheque bearing no. 503412
dated 12.03.2024 for Rs: 3,27,462/- (Rs: Three Lakh
Twenty Seven Thousand and Four Hundred and Sixty
Two only) favoring Anand Trading Co. drawn on YES
Bank, branch at Indapur, Pune, for encashment to their
banker, HDFC BANK Ltd, branch at Zaveri Bazar,
Mumbai. I annoyance of when I discovered that the said
cheque came to be dishonored by Respondent banker ,
vide return clearing memo dated 13.03.2024 on reason
“SIGNATURE DIFFERS” of funds in the
Respondent’s account.
6. I say that, I asked the Respondent the reason for the
same but the Respondent gave evasive answers and raised
baseless arguments with me and kept asking more time
for the same but failed to issue a new cheque and
neglected paying the same.
7. I say that, the Respondent conduct, it appears the
Respondent have malafide intention and ulterior motive
and have no intentions to return my money. It is
submitted that the Respondent have issued the aforesaid
cheque and knowingly SIGNATURE DIFFERS so that
the said would be dishonoured on presentation. The
Respondent have therefore, caused wrongful loss to me
and thus, the Respondent have made liable for
prosecution under various Acts specifically under Section
420 of I.P.C. i.e. cheating, fraud and breach of trust.
8. I say that, as only way to recover her debts and survive,
the I have left with no other option other than to adopt the
due process of law on 18.03.2024 sent a Demand notice
to the Respondent/Accused but that demand notice not
duly served then again the Respondent issued notice to
the Respondent through its Advocate on 05.04.2024
demanding to pay/clear the amount. It is submitted that
the said Demand notice was received by the
Respondent/ Accused. That the postal acknowledgement
the tacking report on 13.04.2024 within the stipulated and
prescribed time as required by the Negotiable Instruments
Act, 1881.
9. I say that, the said cheque have been issued by the
Respondent in discharge of the refund and thus The I had
instructed the counsel to call upon the Respondent, which
the counsel hereby and call upon you to make the
payment of the abovementioned cheque i.e. Rs.
3,27,462 /- within 15 days of the receipt of this notice,
failing of which Complainant shall be constrained to take
legal action against you without further recourse to you
specifically under Section 138 of the N.I. Act as amended
wherein the punishment as envisaged under the Act is
double the cheque amount and imprisonment extended to
period of 2 years. This shall be entirely at your risks as to
the costs and consequences arising thereof From the
Respondent’s conduct, it appears that the respondent has
malafide intentions, ulterior motive and moreover no
intentions at all to pay complainant money. It is
submitted that the respondent had issued the aforesaid
cheque knowingly that the said would be dishonored on
presentation and therefore, the respondent has caused
wrongful loss to the complainant and thus, the
Respondent is liable for prosecution under various Acts.
More specifically the Respondent has committed an
offence of serious nature and thus falls within the ambit
to be prosecuted under Section 138 of The Negotiable
Instruments Act, 1881, and that the respondent be
brought to book and process is issued in accordance with
law against the respondent.
10.I say that, in view of the facts and circumstances he has
been compelled to file a complaint under Section 138 &
142 of The Negotiable Instruments Act, 1881 as
amended.
11.I say that, the respondent has failed and neglected to
make payment tome of the amount under the dishonored
cheque because of which I have suffered irreparable loss.
12.I say that, my bank is situated within the jurisdiction of
this Honorable court, therefore this Hon’ble Court has
exclusive jurisdiction to entertain and try the matter. The
cheque is presented for clearing within the stipulated
time. The demand notice has been issued within the
stipulated period. Hence, this Hon’ble Court has the
exclusive jurisdiction to entertain this complaint and
dispose of the same in accordance with law.
13.I say that, I filed this complaint against the Respondent/
Accused, for having committed an offence punishable
u/s. 138, R/w. Sec. 142 of the Negotiable Instruments
Act, 1881 and prays that process be issued against the
accused, he be brought to book and that be dealt with in
accordance with law.
14.I say that, the Respondent/ Accused has refused to
comply with the notice and has failed and/or neglected to
make payment to me of the amount under the dishonored
cheque because of which the complainant has suffered
irreparable loss at this age.
15.I say that I have filed the documents on record of this
Honourable Court, the original chque in question is
filed on record. The original bank return memos are
also filed on record. Besides that the office copy of
the legal notice sent by my counsel is also placed on
record. Also the copy of original postal receipts are
placed on record, along with the tracking report. In
addition to that the ledger account of the accused
persons is also placed on record.
Hence, this affidavit.
MUMBAI
Date : 10.07.2024 Complainant
VERIFICATION
I, Anand Nandkishore Sarda , R/o D/6, B Wing, Flat No. 601
Ashok Nagar, Off Military Road, Marol, Andheri East Sakinaka
Mumbai 400 072, the Complainant above named, do hereby states
on solemn affirmation that whatever is stated in the foregoing
paragraphs is true to my knowledge and belief and I believe the
same to be true.
Solemnly affirmed at Mumbai )
This 10th Day of July 2024 )
Before me,
Complainant
Identified by me,
Sonu Nilkanth Randive
Advocate for the Complainant
