BEFORE THE HON’BLE COURT CHEIF JUDICIAL

MAGISTRATE AT SRINAGAR
In the case of :

Name
S/o
R/o

(Complainant)
V/S
Name
S/o
R/o

(Accused person)

In the matter of: Complaint for prosecuting the above named accused
person in terms of section 138 of N.I Act (Negotiable
Instruments Act), 1881.

May it please your honor,

The complainant most humbly submits as under:-

1. That the complainant is permanent resident of U. T of Jammu & Kashmir

and is law abiding citizen who has every right to invoke the territorial

jurisdiction of this Hon'ble Court for enforcement and protection of his

legal rights by way of redressal of his genuine grievance through the

medium of this present complaint.

2. That the complainant is running a cement material shop, the accused

along with his father purchased 11 trucks of cement worth Rs 9.75Lacs

complainant from 13-05-2022 to 04-07-2022. in which the accused

person has paid Rs 7,55,500 (Rupees Seven Lacs Fifty Five Thousand) to

the complainant through online mode from time to time and out of

which their remain a balance of Rs 1.52Lacs (Rupees One Lacs Fifty Two

Thousand ).

3. That subsequently the Complainant number of times called the accused

and also the father of accused person for the payment of remaining

balance of Rs 1.52 Lac (Rupees One Lacs Fifty Two Thousand) but of no

avail.

4. That thereafter the complainant and the friend of the complainant

namely Bashir Ahmad Dar R/o Hyderpora Srinagar, visited the house of

the accused, with the request to pay the amount of Rs.1.50Lacs (Rupees

One Lacs Fifty Two Thousand), after a lot of endeavour the accused

issued cheque bearing No.354299 dated 15.10.2022 payable at J&K

Bank SSI Branch at Chanapora, Srinagar in order to discharge his liability

towards the complainant. Copy of a cheques in original is annexed

herewith as Annexure "A"

5. That subsequently the complainant approached to the J&K Bank SSI

Branch at Chanapora, Srinagar Srinagar and presented the said cheques

cheques have not been honoured and have been returned unpaid with

the endorsement "payment stopped by Drawer" on the memo issued to

the complainant on 17-12-2022 with the seal and signature of the bank

concerned. Copy of the memo in original is annexed herewith this

complaint as Annexure "B".

6. That by issuing the cheque above stated the accused have an intention

to cheat and deceive the complainant thereby complainant had suffered

both mentally as well as financially from the illegal commissions and

omissions of the accused.

7. That the accused person was having prior knowledge that the cheque

issued by him to the complainant will be dishonoured and despite the

same accused person issued the above stated cheques in order to

defraud the complainant as such, the accused person committed offence

under section 420 IPC, 138, 142 of N. I Act.

8. That after the dishonor of the said cheques, the complainant in order to

observe the mandate of law, served a legal notice upon the above

named accussed person through registered post, through his counsel

within validate time of receipt of the information from the said Bank

regarding the return of the cheques unpaid, under clause B of the

bringing into knowledge of the above named accused person about the

dishonour of the cheques, on account of the payment "stopped by the

drawer" as given by their banker and requested the accused person to

pay/make the payment and the said notice was duly served upon the

above named accused person through registered post on 31.12.2022.

The copy of the legal notice and posted receipt is annexed herewith as

Annexure "C" and "D".

9. That despite the aforesaid notice, the above named accused person did

not make payment of the said dis-honoured cheque. It is submitted that

the payment has not been made with ulterior motives by the accused

person who malafidely, knowingly and deliberately issued cheques

knowingly the same would be dishonoured by the concerned bank.

10.That the cause of action has accrued to the aforesaid complainant when

the above named accused person failed to make payment who have

been served legal notice within stipulated time.

11.That the said cheques was issued and dishonoured within the

jurisdiction of this Hon'ble Court and as the cause of action to file the

present complaint has arisen within the jurisdiction of this Hon'ble

committed by above named accused person.

12.That the complainant files the present complaint before this Hon'ble

Court within the valid time.

13.That the complaint is duly supported by an affidavit.

In the premises, it is therefore most humbly prayed that the

present complaint may be allowed and the above name accused person

be tried and punished in accordance with the law for the offences

committed by him. The same would be inconsonance with law and

justice

Complainant
Verification :-
It is verified that on 09-02-2023, that the factual recitals of the complaint
are true and correct to the best of my knowledge as nothing material is
suppressed besides the legal paras are deemed to be true as per as legal advice
sought.
Complainant

List of witnesses

• Complainant himself