In The Court of Judicial Magistrate of First Class, Mysore

COMPLAINT NO 114 OF 2024

IN THE MATTER OF

Mr. Kumar Gowda

S/o Mr. Rajesh Gowda
No. 1, BTM Layout
7th Maruthi Nagar
Mysore -570011 COMPLAINANT

VERSUS

Mr. Rahul Manjappa

S/o Mr. Manjappa Rao
No. 15, 3rd Cross Basveshwara Nagar
Jayanagar 1st Block
Mysore – 570014 ACCUSED

COMPLAINT UNDER SECTION 138 OF THE NEGOTIABLE

INSTRUMENTS ACT, 1881.

The complainant most humbly submits as follows:

1. That the Complainant is working as an Accountant at KWC Technologies, Mysore

and is residing at No. 1, BTM Layout 7th Maruthi Nagar

2. That the present complaint is being filed by the complainant Mr. Kumar Gowda to
cause appearance in this Hon’ble Court and to depose and conduct the
proceedings.

3. That on 26.02.2023 the accused namely Mr. Rahul Manjappa had approached the
complainant personally and asked for a friendly loan of Rs. 2,00,000 ( Rupees Two
Lakh only).
4. That on 28.02.2023 the complainant paid Rs.2,00,000 (Rupees Two lakh only) as
friendly loan repayable on demand.

5. That towards payment of amount of loan the accused issued Cheque No. 4536136
Date 20.12.2023 for Rs. 2,00,000 (Rupees Two lakh only) to the complainant. The
said cheque was issued from Account No.8790003456789 of South Indian Bank ,
PTP layout Branch, Mysore which is held in the name of the accused.

6. That the present complaint is based on the dishonour of the above said cheque which
was issued in discharge of a lawful debt.

7. That at the time of handing over the above said cheque the accused had assured the
complainant that the said cheque will be honored/encashed on presentation. Taking
the above assurance/representation as true, the complainant had accepted the
above said cheque.

8. That on the basis of the assurances given by the accused, the complainant presented
the above said cheque with its bankers namely State Bank of India, TC Palya,
Mysore and was dishonoured vide cheque return advice dated 30/12/2023 issued by
the complainants bank. The aforesaid cheque was returned unpaid vide returning
memo dated 30/12/2023 with the remarks “FUNDS INSUFFICIENT”.

9. That the dishonour of the cheque clearly shows and establishes that the accused did
not intend to honour the amount under the said cheque.
10. That on account of the dishonor of the said cheque, the complainant had served a
legal notice dated 10/01/2024 upon the Accused by way of Registered Post vide
Receipt No. 2935 date 10/01/2024. However, despite service of notice, the accused
has not taken any steps to liquidate his liability and has failed to make balance
payments to the complainant towards the amount covered under the said cheque,
within the statutory period of 15 days or thereafter.
11. Thus, the Accused has, therefore committed an offence within the meaning of
Section 138 and other sections of the amended provisions of the Negotiable
Instruments Act, 1881, for which he is liable to be prosecuted and punished.
12. That the accused is guilty of offence under Section 138, Negotiable Instruments
Act and is also liable to be prosecuted under Section 420 of the Indian Penal Code.
13. That in view of the facts and circumstances, the complainant has a cause of action
and right to file the present complaint. The cause of actions has arisen in favour of
the complainant when, on the expiry of the notice period, the Accused has not
come forward to pay the amount relating to the dishonored cheques. The cause of
action is still subsisting and continuing in nature.
14. That the cause of action has arisen at Mysore as the cheques was issued at
Mysore, and the same was payable at Mysore and was also dishonored at
Mysore. Therefore, this Hon’ble Court has jurisdiction to try and adjudicate upon
the present complaint.
15. That the complaint is well within limitation period prescribed under the Act:
Date of Dishonor : 20.12.2023
Date of Notice : 10.01.2024
Date of filing Complaint : 15.03.2024
16. That a list of documents and list of witnesses are annexed with this complaint.

PRAYER

It is, therefore, most respectfully prayed that this Hon’ble Court may be pleased to:

a. Summon, prosecute and punish the Accused and also direct the accused to pay
the amount as double to the amount covered under the said dishonored cheques,
under the provisions of Section 138 read with Section 142 of the Negotiable
Instruments Act,1881 as amended by the Negotiable Instruments Act, 2018. In
accordance with Section 357 of Code of Criminal Procedure 1974, out of the
penalty imposed, the Accused be ordered to compensate the Complainant to the
extent of Rs 2,00,000 /- (Rupees Two lakh Only) and

b. Such other and further orders may be passed as may be deemed fit and
proper by this Hon’ble Court.

It is prayed accordingly.
 PLACE: MYSORE

DATED: 19.03.2024

COMPLAINANT

THROUGH :

Rashmika Subbaiah

ADVOCATE

Verification

All the facts stated above are true and correct to the best of my knowledge, belief and information.

Complainant.

List of Documents.

1. photocopy of Cheque bearing number 4536136.

2. Dishonour Memo dated 20.11.2023.
3. Photocopy of Notice dated 10.02.2024
4. Postal receipt.
5. Acknowledgement Card.