CHECK LIST

1 Details of the case

Whether 138 N.I. Act,
complaint case etc.

2 Total Cheque(s) Amount Only Rs.

in 138 Cases.

3 Area of bounce cheque(s)

Jonah Puwi
4 Name v'mloh
Address of the complaint
Age
(Whether Sr. Citizen)
Gender Male/Female
Contact No.

5 Name Pal
Address of the accused(s),

Age: pelu
(Whether Sr. Citizen)
Gender Male/Female
Contact No.

5-a Name
Address of the accused(s),
Age :
(Whether Sr. Citizen)
Gender Male/Female
Contact No.

5-b| Name
Address of the accused(s).
Age:
(Whether Sr. Citizen)
Gender Male/Female
Contact No.

6rName of police station JANAKOV R|

 CASE INFORMATION FORMAT Civil

DISTRICT Criminal
S.
No.
PLAINTIFF /PETITIONER /COMPLIANT IAPPELLANT /DECREE HOLDER ETC.
PLEASE FILL UP ALL THE RELEVANT FIELD &() FIELDS ARE MANDATORY)
1 Name of the Pliantiff /
Complainant /Etc. imlesh
2 Slo Wlo Dlo

3 Address
Enclane

4 Aadhar Card No. Pin Code:

5 Gender Female INDIAN

Male Other Nationality Other:
6 Date of Birth Age
7
Mobile No $9959693o e-mail:
Act /Section
Court Fee Ascetained:
9 Valuation of Suit
Court Fee paid / Deposited:
10 Police Station In Criminal Matters only

11 F.J.R. No. & Year In Criminal Matters only

S. DEFENDANT / ACcUSED / RESPONDENT JUDGEMNET DEBATER ETC.

No. PLEASE FILLUP ALL THE RELEVANT FIELD &() FIELDS ARE MANDATORY)
Name of The
DEFENDANT IACCUSED
EtC.
ZSlo Wlo Dlo

3 Address R2 WagatMer
li
4 Aadhar Card No. PinCode:
INDIAN
5 Gender Male Female Other Nationality
Other:
6 Date of Birth Age
7 Mobile No. e-mail:

ADVOCATE FOR PLAIN TIFF/ cOMPLAINANT/ PETITIONER / DECRESS HOLDER ETC.

1 Name of The Advocate
Enrl. No.
2 Office / Chamber No. Ch-603,Wun
3 Mobile No. e-mail:

SUBMITTED BY :
PLAINTIFFI PETIT ONER/ DEFENDANT I ACCUSED/OTHER
IADVgCATE
 IN THE COURT OF HON'BLE CHIEF
METROPOLITAN MAGISTRATE, (SOUTH-WEST)
DWARKA COURT, NEW DELHI
COMPLAINT CASE NO. J2023

IN THE MATTER OF:

SMT. VIMLESH COMPLAINANT

VERSUS
RAJENDER PAL VOHRA ACCUSED

P.S.: Janakpuri
INDEX

S.N. PARTICULARS P.N. C.F.

1. Memo of parties
2. Complaint U/s 138 N.I. Act along 2|
3-1|
with supporting affidavit
3. List of Witnesses
4. Evidence by way of affidavit
5. List of documents along with
documents.

6. Certificate under section 65B IEA 31

7 Application for condonation of
32 36
delay along with supporting
affidavit

8 Vakalatnama
 COMPLAINANT
THROUGH

Ang
(ANURAG CHAUHAN & ASSOCIATES)
ADVOCATES FOR THE PETITIONER
Chamber No.623, Western Wing,
Tis Hazari Court, Delhi-110054
99L00q1n36 | ånurâgopl"gmailtom
New Delhi
Dated: 9.04.2023
 IN THE COURT OF HON'BLE CHIEF

METROPOLITAN MAGISTRATE, (SOUTH-WEST)

DWARKACOURT, NEW DELHI
COMPLAINT CASE NO. /2023

IN THE MATTER OF:

SMT. VIMLESH COMPLAINANT

VERSUS
RAJENDER PAL VOHRA ACCUSED

MEMO OF PARTIES

SMT. VIMLESH
W/0. SH. VED PRAKASH AGGARWAL
R/0. RZ C-16, FIRST FLOOR,
STREET NO. 4, SYNDICATE ENCLAVE,
NEW DELHI-110045 COMPLAINANT

VERSUS

RAJENDER PAL VOHRA

S/0. LT. SHRI SATYA PRAKASH VOHRA

R/O. RZ H-87
RAGHU NAGAR,
NEW DELHI-1 10045 ACCUSED

COMPLAINANT
 THROUGH

(ANURAG CHAUHAN &ASSOCIATES)

ADVOCATES FOR THE PETITIONER
Chamber No.623, Western Wing,
Tis Hazari Court, Delhi-110054
New Delhi 4910041236| ANDRA Gop 12 MAIL (om
Dated: 2}.04.2023
 2
NCT O DELHI
cOURT FEE
DLCT1231939D23310
12-APR-2023

IN THE COURT OF HON'BLE CHIEF

METROPOLITAN MAGISTRATE, (SOUTH-WEST)
DWARKA COURT, NEW DELHI
COMPLAINT CASE NO. /2023

IN THE MATMTER OF:

SMT. VIMLESH COMPLAINANT
VERSUS
RAJENDER PAL VOHRA ACCUSED

P.S.: Janak Puri

CRIMINAL COMPLAINT UNDER SECTION 138 OF

THE NEGOTIABLE INSTRUMENTS ACT, 1881 AS
AMENDED UPTODATE

MOST RESPECTFULLY SHOWETH:

1. That the complainant is residing at the
aforementioned address with her family
members.
2. That the complainant and accused are known
to each other for very long time and the
accused has gained confidence and truth of
the complainant in these years.
3. That the accused being known to the
complainant, approached himn in the month
 of March, 2020 due to his financial
hardship
in Covid- 19 lockdown as
accused and his
family was having hard times and he told
that he need financial help and out of
the
said need, accused took friendly loan from
the complainant on various occasions in the
form various installments to the total tune
of total amount of Rs.6,00,000/- from the
period of March to August, 2020.
4. That the complainant and the accused
knows each other, so complainant out of
bonafide belief upon the accused and
keeping faith on his promise and assurance
given by him, complainant advanced
accused a loan of Rs. 6,00,000/- (Rupees
Six Lakhs Only).
5. That the accused cheated the
complainant,
however, when complainant asked several
times to return her money, the
accused
delay on one or other pretext after several
reminders / request the accused issued one
post dated cheque bearing No.000411 dated
08.12.2022 of Rs. 6,00,000/- (Rupees Six
Lakhs only) drawn on HDFC Bank, At: C
3/6, Opp. C4E Market, Janakpuri, New
Delhi-110058 in the
month of August, 2022
in discharge of his legal liability towards the
 complainant. Copy of original cheque is
annexed as ANNEXURE -A for the kind
perusal of this Hon'ble Court.
7. That it shall not be out of place to mention
here that at the time of handing over the
said cheque, accused specifically assured
the complainant that the said cheque is
good for payment and the same shall be
honoured at the tine of its presentation.
8. That thereafter, complainant had informed
the accused who assured the complainant
that this cheque would not be dishonoured
and the said, cheque was good for payment
and the same shall be honoured upon its
presentation.
9. That the complainant presented the said
cheque for encashment but the same got
dishonoured vide returning memo dated
18.01.2023, Union Bank of India ECB
Janakpuri, New Delh-1 10058.
10. That believing the above representations of
the accused to be genuine, complainant
presented the same, however, the said

cheque returned unpaid with the remarks

"Account Closed", vide the separate cheque
dated 18.01.2023 in
returning memo
respect of the cheque No. 000411. Copy of
 original returning memo is annexed as
ANNEXURE -B for the kind perusal of this
Hon'ble Court.
11. That the legal notice sent
through speed post vide
tracking id no. ED982102388IN dated
17.02.2023 which has been duly served upon the
accused on 18.02.2023 as is evident from the
internet tracking report. Copy of legal notice
is annexed as ANNEXURE -C, original
postal receipt is annexed as ANNEXURE- D
and tracking report downloaded from India
post website is annexure as
ANNEXURE - E
and Certificate u/s 65-B of Indian
Evidence Act
is annexed here as
ANNEXURE-F for the kind
perusal of this Hon'ble Court.
12. That even after receipt of notice,
the accused
failed to make the payment of the above said
dishonoured cheque to the complainant within
the stipulated period of notice and till date, hence
committed offence punishable U/s 138 N.I. Act
as amended upto date.
13. That the dishonour of cheque is a penal offence
under the amended provision of Negotiable
Instrument Act 1881 as amended up to date and
therefore the accused person has committed an
offence punishable under section 138 of the
 Negotiable Instrument Act and 406, 420 of the
Indian Penal Code.
13. That the complainant has complied with all the
requirements of law before filing the present
complaint is being filed with an application
for condonation of delay of 22 days on
behalf of counsel for complainant as per the
provision of the period of limitation as
prescribed under section 138 and 142 of the
Negotiable Instrument Act 1881, as

amended up to date.
15. That the cause of action for filing the
present case arose on the day when the

accused failed to make the payment of the

cheque amount within the statutory period
of 15 days fromn the receipt of the notice.
14. That the complainant is maintaining his bank
account with Union Bank of India, ECB
Janakpuri, New Delhi and the cheque in question
was deposited by the complainant in his above
said bank account and the same bank of the
complainant returned the dishonoured cheque,
as such this Hon'ble Court has got jurisdiction to
entertain and decide the present complaint.
15. That the complainant has not filed any other
complaint or case against the accused in respect
 of the cheque in
question in any other Court of
law, else any where in
India.

PRAYER :
It is,
therefore, most respectfully prayed that this
Hon'ble Court may very graciously be
pleased to:
i)
Summnon, try and punish the accused for the
offence
punishable U/s 138 N.I. Act as
amended upto date;
ii) ward
compensation in favour of the
complainant and against the accused as per
law:
iii) Pass such other or further order
/orders which
this Hon 'ble Court may deem fit
and proper in
the facts and
circumstances of the case.

COMPLAINANT
THROUGH

An
(ANURAG CHAUHAN && ASSOCIATES)
ADVOCATES FOR THE PETITIONER
Chamber No.623, Western WVing,
Tis Hazari Court, Delhi-110054
New Delhi 44100q1036 ) ANURAAOP12 Onailtom
Dale: 27.o4)0n3
VERI FICA TION
Verif ied at Delhi on this day of April, 2023 , that the
conte nts of the afore said para of the above comp laint
1.1nder sectio n 138 NI Act, amen ded upt9 date have
been read over to me in my verha cular and same are
true and corre ct to the be~t of my know ledge save legal
averm ents whic h I receiv ed from my coun~ el whic h I
belie ve to be true and nothi ng mate rial has been
conc ealed there of.
C'- ~-
tcfMr-\'Z \
COMPLAINANT
 IN THE COURT OF HON'BLE CHIEF
METROPOLITAN MAGISTRATE, (SOUTH-WEST)
DWARKA COURT, NEW DELHI
COMPLAINT CASE NO. _ _ _ /2023

IN THE MATTER OF:-

SMT. VIMLESH COMPLAINANT
VERSUS
RAJENDER PAL VOHRA _ ACCUSED
~ot o~_-,
(;j ~- ·~, .
I, Smt. Vimlesh, aged
L.._
~aJ
,41] ,,.,
years·~ W / o. Sh.
r- ,,v'1{ /,,
Ved Prakash Aggarwal, ~'RZ C-16, first Floor,

Street No. 4, Syndicate Enclave, New Delhi-

110045, do hereby solemnly affirm and declare as

under-

I. That I am the complainant in the above noted

case and well conversant with the facts of this
case and as such I am competent to swear this
affidavit.

... -
That I have filed the accompanying complaint
under section 138 of Negotiable Instrument Act,

,, this Hon 'ble Court and the same has

1881 before
 0 been drafted by my counsel under
instructions and the contents thereof are true
my

and correct to my knowledge and belief and same

has been read over to me in my vernacular and
the same is correct.

3. That no other similar case under section 138 of

Negotiable Instrument Act, 1881 is filed by me or
is pending against the above named accused
before this Hon'ble Court or any other court of
~j)./ ~\~~w pertaining to the same transaction.
~~ oe~~:s"§'o3 (\
~ ~~ ~~
~
oa~~\'~\GQl?,s. \~,\;\ . \
._,, " ' r-\ ~'---\.
\ ~ ~ ci,,~~ DEPONENT
"~ 2 7 !\PR 207~
VERIFICATION: -

Verified at Delhi on this __day of April 2023

that the contents of this affidavit are true and correct
e best of my knowledge and nothing has been
-...:: ed there from.
i qr

~~
(\ C)_.
\~ ~, ·l.>
DEPONENT
l/1*
-- '·

2 7 APR ZOZ3
 IN THE COURT OF HON'BLE CHIEF
METROPOLITAN MAGISTRATE, (SOUTH-WEST)
DWARKA COURT, NEW DELHI
COMPLAINT CASE NO. _ _ _ /2023

IN THE MATTER OF:-

SMT. VIM LESH COMPLAINANT
VERSUS
RAJENDER PAL VOHRA ACCUSED

LIST OF WITNESSES
1. Complainant himself.
2. Branch Manager/ Any other officer from the
complainant Bank Union Bank of India, ECB
Janakpuri, New Delhi alongwith relevant record
of dishonoured cheque in question.
3. Branch Manager/ Any other officer from the
accused Bank HDFC Bank, At: C-3/6, Opp.
C4E Market, Janakpuri, New Delhi-
110058alongwith relevant record of
dishonoured cheque in question.
4. Any other witness/witnesses with the permission
of this Hon'ble Court. [\ \ _
, ~ r-A"l._\
COMPLAINANT
THROUGH
 An~ S\~1\ ~J_
0
(ANURAG- CHAUHAN & ASSOCIA ;~
ADVOCATES FOR THE PETITIONER
Chamber No.623, Western Wing,
Tis Hazari Court, Delhi--110054
New Delhi
Dated: <) ...-1 .04.2023
 IN THE COURT OF HON'BLE CHIEF
METROPOLITAN MAGISTRATE, (SOUTH-WEST)
DWARKA COURT, NEW DELHI
COMPLAINT CASE NO. _ _ _/2023

IN THE MATTER OF:-

SMT. VIM LESH COMPLAINANT
VERSUS
RAJENDE R PAL VOHRA ACCUSED

PRE-SUMMONING EVIDENCE BY WAY OF

AFFIDAVIT

I, Smt. Vimlesh, aged about""\~ years, W /o. Sh .

Ved Prakash Aggarwal, R/o. RZ C-16, first Floor,

Street No. 4, Syndic~te~ , New Delhi-

110045, do hereby solemnly affirm and declare as

under:-

1. That the deponent is well conversant with the

facts and circumstan ces of the present case,

hence competent to swear this affidavit.

/ 0 ~oath c. -~
h ~ -~ That the deponent states that the deponent and
: (b SI..No. 7310" ':?>
~ 8HARA1,1,
J N6~LA
;_> " -~· ccused are
known to each other for very
.c ., or o·
0~
· ,: ;,.:
lh/
.
,,::,
* '>'l> 1 long
•
time and the accused has gained
•
1
"'~v o~
 confidence and truth of the deponent in

these years .

3. That the deponent states that the accused

being known to the deponent, approache d

him in the month of March, 2020 due to his

financial hardship in Covid-19 lockdown as

accused and his family was having hard

times and he told that he need financial help

and out of the said need, accused took

friendly loan from the deponent on various

occasions in the form various installmen ts

to the total tune of total amount of

Rs.6,00,00 0 /- from the period of March to

August, 2020.

4. That the deponent states that the deponent and

the accused know each other, so deponent

out of bonafide belief upon the accused and

keeping faith on his promise and assurance

given by him , deponent advanced accused a

 loan of Rs. 6,00 ,000 /- (Rup ees Six Lakh s

Only ) .

5. That the depo nent state s that the accu sed

chea ted the depo nent , how ever , whe n

depo nent aske d to retu rn her mon ey the

accu sed dela y on one or othe r pret ext after

seve ral remi nder s / requ est the accu sed

issu ed one post date d cheq ue bear ing
No.0 0041 1 date d 08.1 2.20 22 of Rs.
6,00 ,000 /- (Rup ees Six Lakh s only ) draw n

on HDF C Ban k, At: C-3/ 6, Opp . C4E

Mar ket, Jana kpu ri, New Delh i-11 0058 in

the mon th of Aug ust, 2022 in disc harg e of

his lega l liabi lity towa rds the depo nent . The

origi nal dish onou red cheq ue is exhi bited as Ex.

....-- ::----. CW- 1/1

; Q)
"e'~> s, ~
llftcf.tA~ ~~ hat it shall not be out of place to mention
~']
?J,✓- '=?.
lv'Q
\I--.::::)f- .,.,,if" >"Os ;!
·O '' ! • .}jl.ere
a //1, 01' • ·1_. ,-/ I
that at the time of hand ing over the
~ 1:;0; -::-: /
0ti, _ ___
0 .: ;,/ said cheq ue, accu sed spec ifica lly assu red
Jjlhi~ ~
- -· the depo nent that the said cheq ue is good
 for payment and the same shall be honoured

at the time of its presentation.

8. That thereafter, deponent had informed the

accused who assured the deponent that this

cheque would not be dishonoured and the

said, cheque was good for payment and the

same shall be honoured upon its

presentation.

9. That the deponent states that believing the

above representations of the accused to be

genuine, deponent presented the same,

however, the said cheque returned unpaid

with the remarks "Account Closed"., vide

the separate cheque returning memo dated

18.01.2023 in respect of the cheque No.

000411. Copy of return memo is exhibited as

Ex. CW-1/2.

10. That the deponent states that the legal notice

dated 17.02.2023 sent through speed post (vide

tracking ID ED9821023881N) and the same has

 been duly served upon the accused on dated
18.02.2023 as is evident from the internet

tracking report. The copy of legal notice dated

17.02.2023 is exhibited as Ex. CW-1/3, original
postal receipt with tracking ID ED982102388IN
is exhibited as Ex. CW-1/4 and the internet

tracking report is exhibited as Ex. CW-1/5 and

certificate under section 65B IEA is exhibited as

Ex. CW-1/6.
11. That the deponent states that even after receipt

of notice, the accused failed to make the payment

of the above said dishonoured cheque to the

deponent within the stipulated period of notice

till date, hence committed offence
and

punishable U/s 138 N.I. Act as amended

uptodate.
12. That the deponent states that the deponent has
complied with all the requirements of law before

filing the present complaint and the present

sea
o l fQath complaint is within the stipulated period as

SL. N•. (
NVDehiE LAMBHAr
@ provided under the law after the expiry of the

notice period.

13. That the deponent states that the deponent is

maintainin g his bank account with Union Bank

of India, ECB Janakpuri, New Delhi, and the

cheque in question was deposited by the

deponent in her above said bank account and the

same bank of the deponent returned the

dishonoure d cheque, as such this Hon'ble Court

has got jurisdiction to entertain and decide the

present complaint.

14. That the deponent states that the deponent has

not filed any other complaint or case against the

accused in respect of the cheque in question in

any other Court of law, else anywhere in India.

15. That the deponent states that the deponent has

complied with all the requiremen ts of law before

filing the present complaint and on expiry of the

notice period she filed the present complaint

ithin the stipulated period as provided under

 the law. The complaint filed by deponent is true

and correct and bears signature of the deponent

at point A. The complaint is Ex. CW-1/6.

16. That the deponent bears her signature in pre-

summoning evidence at point A and B.

17. That it is my true and correct statement. \

1::J-."'o . \ ;;;-Y\ ~ \
,is:-&<as~~~ DEPONENT
~
~
)
~., '
(;_; '-
•~'
.,.\ ~

2 7 APR 2023
,~0~~~~
.... ~~ /
RIFICATION

~1/ Verified at New Delhi on this ....... of April, 2023

that the contents of the above affidavit are true and

correct to my knowledge and belief and same has been

read over to in my vernacular which is correct.

(\ \-
' ~ r1\ 1.,\
DEPONENT

2 7 APR 2023
 IN THE COURT OF HON'BLE CHIEF
METROPOLITAN MAGISTRATE, (SOUTH-WEST)
DWARKA COURT, NEW DELHI
COMPLAINT CASE NO. _ _ _ /2023

IN THE MATTER OF:-

SMT. VIM LESH COMPLAINANT
VERSUS
RAJENDE R PAL VOHRA ACCUSED

LIST OF DOCUMENTS FILED BY THE

COMPLAINANT

Sl.N PARTICULARS PG.

0 NO.
1. ORIGINAL CHEQUE BEARING No.
"000411" Dated 08.12.2022 Annexed ri..3
as ANNEXURE A
2. ORIGINAL CHEQUE RETURNING
MEMO Dated 18.01.2023 Annexed as 'L~
ANNEXUR EB
3. LEGAL NOTICE Dated 17.0.2.2023
Annexed as ANNEXURE C
~ - ~1
4. ORIGINAL POSTAL Receipt with id
ED9821023 88IN Dated 17.02.2023 ')-a
Annexed as ANNEXURE D
5. Copy of tracking reports Annexed as
ANNEXUR EE 3o
 ,,
,. j '4.

Certificate u/s 65-B of Indian

QD 6.
Evidence Act is annexed here as ~l
ANNEXURE-F

Any other documents with the prior permission of

this Hon'ble Court. f\ <\~ '\
\ ;-Y\ ~ '(
COMPLAINANT
THROUGH J
~~ J~~h~nQ
(ANURAG CHAUHAN & ASSOCIATES)
ADVOCATES FOR THE PETITIONER
Chamber No.623, Western Wing,
Tis Hazari Court, Delhi-110054
Delhi
Dated: 9-1 ,04.2023
 IN THE COURT OF HON'BLE CHIEF
METROPOLITAN MAGISTRATE, (SOUTH-WEST)
DWARKA COURT, NEW DELHI
COMPLAINT CASE NO. _ _ _ /2023

IN THE MATTER OF:-

SMT. VIM LESH COMPLAINANT
VERSUS
RAJENDERP ALVOHRA ACCUSED
ORIGINAL CHEQUE BEARING No. "000411"

E MARKET.
ELHl-110058,DELl11
Io1%11I~lo<Iol~lcxl
D D M M Y Y '/ '/.
FT IFSC : HDFC0001067 Valid lot J months only
Or Bearer
---"'-_...__ \/tmLFSt =L
~ '
R
J,
___.,__ _ ~~
" Rupees~ - c_ A l~~...t::L'=-J/-
ti
~ ~ - - - - -.~-~~- - - --- -_- - - -.:::.:::_'-P
_:____-_-_-_~ei_~_q;t_·
~~- 50200008177316 Brn: 1067 Pdl:256 I

Pf}JJJ;:h
TRADE CA
...... ...:~\
_
...
. - . •.,,
Poyoblo o\ par \hrough cloortng/llansfor a\ oU bronchcs ol HDFC BANK LTD ,

~ h ~'illi ('Ti ~:no~ S.\,{ CF \ ) \

1 1 0- 02.6 - 2 41
...,,., ~!) '1l ,~-- •
~!'~!'~O.t1..
.bf\:11·i;.i1. Ntllf Oe~ " 1 ,,. . ,

Plea"' sign above~ 1'11 - .r

11• □□□ '1 L L111 L LO 2'10 L 3 21: 00 5 Cj 20111 2Cj

J
NEW DELHI
DATE :*-04 .2023
.9'r\r'~
ANURAG CHAUHAN & ASSOCIATES
 IN THE COURT OF HON'BLE CHIEF
METRO POLITA N MAGISTRATE, (SOUTH-WEST)
DWARKA COURT , NEW DELm
COMPLAINT CASE NO. _ __,/202 3

IN THE MATTE R OF:-

SMT . VIMLE SH
COMPL AINANT
VERSU S
RAJEN DER PAL VOHRA ACCUS ED
ORIGIN AL CHEQU E RETURNING MEMOS

\
~ \c_ _ __ __ __ _ _ _ _ _ _ _ _ __ _ _IB~r.;;n~chh-;--
: -EEC
CBBJI
JAVN~A:i<
K"iiiPU
UIR
~l------ ----

(!j) Union B~f!!!

\ ViMLESH
Ga:!, S•rt' .l3d3m I d "~low
•
n-e fcllow,"11 che(.ue has been returned by the pay,l'Q b:>"lk tor the reason
Dates of
a Ie . "" ·
Proceulng :
0<:POSltor Account No : 52010125S6 46u8S 16-01-2023 Confl rraatlc n Id : 78 16103
j Chequ11 Amount : 60000000 Che que No : 000411 Job : :-, 101109
Block :
Ru.on for the return : Accounl dose;:!
Return Reason Comtn<nt: Item Seq No : 1081844999 1
Date o f Retum: Paying Bank delalf5 : HOFC 8 1\NK LTO.
iS-Ol -2023
Th,~ i,; a ::omoulcr oon<.>ral ed or,nl ou1 and no s10"131\J'e n,ou,re:l

\
I

NEW DELHI
DATE :1'104.20 23

~ht ~
ANURAG CHAUH AN & ASSOCIATES
' ~Ur'[j ' r;h~hllll
BA.LLB(H), LLM OFFICE:
ADVOCATE 623, LAWYER'S CHAMBER,
WESTERN WING, TIS HAZARI COURT
Enrol No. D-2742/14 DELHl-110054
DELHI HIGH COURT Mob: 9910091236

BY REGO. AD/ SPJi';ED POST

Dated : 17.02 .2023

Sh. Rajend er Pal Vohra

S/o Lt. Shri Satya Prakas h Vohra
R/o Rz -H-87
Raghu Nagar, New Delih-1 10045

Dear sir,

Under the instruc tions from and on b ehalf of my client, Smt.

Vimles h W/o Sh. Ved Prakas h Aggarw al, R/o R.z C 16, First
floor, Street no. 4, Syndic ate Enclav e, New Delhi-1 10045. I
serve upon you the followin g Deman d Notice: -

1. That my client is residing at the aforeme ntioned address with

her family membe rs.

2. That you noticee and my client are known to each other for
very long time, and you noticee have gained confide nce and
trust of my client in these years.
3. That you noticee being known to my client, approac hed my client
in the month of March, 2020 due to your financia l hardshi p in
covid 19 lockdow n as you and your family was having hard times
and you told that you n eed financia l help and Ol.l.t of the said
need, you took friendly loan from my client on variol.].s occasio ns
in the form various instalm ents to the total tune of total
amount of Rs. 6,00,00 0/- from the period of March to August ,
2020.

4. That my client and you noticee knows each other, my client

out of bonafid e belief upon you the noticee and keeping faith
ANURAG CHAUHAN & ASSOCIATES
Chamber No. 623, Lawyer 's Chamber Western Wing, Tis Hozori Court Delhi-110054
 ;;t,Ur!f f;fi'ouhllll
BA.LLB(H), LLM OFFICE:
ADVOCATE 623, LAWYER'S CHAMBER,
WESTERN WING, TIS HAZARI COURT
Enrol No. D-2742/14 DELHl-110054
DELHI HIGH COURT Mob: 9910091236

on your promise and assurance given by you the notice, my

client advanced you noticee loan of Rs . 6,00,000/- (Rupees Six
Lakh Only).
5. That you noticee cheated my client , however, when my client
asked to return her money you noticee delay on one or other
pretext after several reminders/request you noticee issued
one post dated cheque of Rs. 6,00,000 /- (Rupees Six Lakh
Only) in the month of August, 2022 in discharge of your legal
liability towards my client. That the you noticee issued the
following Cheque in favour of my client: -

6.
Sr. Cheque Dated Amount Drawn on
No. No. ofcheque
1. 000411 08.12.2022 Rs HDFC bank,
6,00,000/- At: C-3/6, Opp. C4E
Market, Janakpuri,
New Delhi-110058

7. That it shall not be out of place to mention here that at the

time of handing over the said cheques, you l'joticee specifically
assured my client that the said cheque is good for payment and
the same shall be honoured at the time of its presentation.

8. That thereafter, my client had informed you and you assured

my client that this cheque would not be dishonoured and the
said cheque was good for payment and the same shall be
honoured upon its presentation.

9. That my client presented the said cheque for encashment but

the same got dishonoured vide returning memo dated
18.01.2023, Union Bank of India ECB Janakpuri, New Delhi
110058.

ANURAG CHAUHAN & ASSOCIATES

Chamber Na. 623, Lawyer's Chamber Western Wing, Tis Hazarl Court Delhi-110054
 ;;l;.,ur~ f;°F'uuhon
BA.LLB(H), LLM
ADVOCATE
OFFICE:
623, LA WYER'S CHAMBER,
WESTERN WING, TIS HAZARI COURT
c0
11
Enrol No. D-2742/14 DELHl-110054
DELHI HIGH COURT Mob: 9910091236

10. That believin g the above represe ntations of you Noticee to be

genuine , my client present ed the same, however, the said
cheque s returne d unpaid with the remark s "Accou nt Closed",
vide the separat e cheque returni ng memo dated 18.01.2 023
in respect of the cheque no. 000411 .

11. That my client under your inducem ent and decepti on had
given friendly loan of Rs. 6,00,00 0/- with bonafid e intentio n
thinkin g your request to sold be genuine but you noitcee with
malafid e intetion had issued the said cheque in favour of my
client had fraudul ently induced my client to transfe r the
money in your accoun t.

12. That it is crystal clear that you are not clearing /paying the
above said dues intentio nally and with malafid e intent thereby
causing wrongfu l loss to my client and wrongfu l gain to
yoursel f. Your conduc t shows that you have cheated my client
by your false and dishone st represe ntation .

13. That at every stage, you represe nted to my client that you will
pay back the amoun t due wherea s your intentio n was not to
pay legal debt of my client .

14. That take notice that the amoun t of the above said cheque
amount ing to Rs. 6,00,00 0/- (Rupees Fifteen Lakh Only) is
due and payable by you as legally recover able debt due and
outstan ding against you Noticee.

In view of the above, I, on behalf of my client named above, do

hereby call upon you to pay my client the said amoun t of Rs.
6,00,00 0/- (Rupee s Six Lakh Only)w ithin fifteen days from the
receipt hereof failing which my client shall be constra ined to file a
crimina l compla int against you under Section 138 and other
relevan t provisio ns of Negotia ble Instrum ents Act. This is howeve r

ANURAG CHAUHAN & ASSOCIATES

Chamber Na. 623, Lawyer's Chamber Western Wing, Tis Hazarl Court Oelhl-110054
 ~uriff y;-.h6'rJhtn1
BA.LLB(H), LLM OFFICE:
ADVOCATE 623, LA WYER'S CHAMBER,
WESTERN WING, TIS HAZARI COURT
Enrol No. D-2742/14 DELHl-110054
DELHI HIGH COURT Mob: 9910091236

without prejudice to the rights of my client to recover the said

amo\lnt with interest .

You Noticee, take further noti ce th a t , upon your failure to pay

the above stated amount within the p eriod, mentioned above as
well as legal charges of this notice of Rs 11,000 /- ,
Further, it is made clear to you noticee that the offence under
the provisions of Negotiable Instrument Act is deemed to have been
committed and you may be punished with imprisonment for a term
which may extend to two years; or with a fine which may extend to
twice the amount of the cheque, or with both.

Take notice that any litigation, if initiated , as mentioned above,

shall entirely be upon your risk as to cost a nd consequences.

That a copy of this notice retained in my office for further

reference /record and legal action.

""1\\)Y-K
(Anurag Ch~an)

ADVOCATE

/\NUl<AG CH /\UH AN & ASSOCI/\T[S

Chamber N a. 623, lawyer'~ Chamber Western W111g , Tis Nazar i Court Dt'llli-110054
 IN THE COURT OF HON'BLE CHIEF
METROPOLITAN MAGISTRATE, (SOUTH-WEST)
DWARKA COURT, NEW DELHI
COMPLAINT CASE NO. ---1/2023

IN THE MATTER OF:-

SMT. VIM LESH COMPLAINANT
VERSUS
RAJENDERPA LVOHRA ACCUSED
ORIGINAL POSTAL RECEIPT DATED 17.02.2023

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NEW DELHI
DATE :4,04.2023

ANURAG CHAUHAN & ASSOCIATES

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ED982102388IN Tra ck Morn ] I

Event Details For: ED982102388IN

Curren t Status : Item Delive red [To : surend er (Addre ssee)]
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slgnment.aspx 1/2
https:JJwww.indiapost.g011irv_1a)CUISl151DOP.P°'tal.Tracldng fTraclCon
 IN THE COURT OF HON'BLE CHIEF
METROPOLITAN MAGISTRATE, (SOUTH-WEST)
DWARKA COURT, NEW DELHI
COMPLAINT CASE NO. _ _ _ /2023

IN THE MATTER OF:-

SMT. VIMLESH COMPLAINANT
VERSUS
RAJENDER PAL VOHRA ACCUSED

CERTIFICATE U /S 65-B INDIAN EVIDENCE ACT,

1872
It is certified that the tracking report of postal receipt
no. ED982102388IN printed and supplied in the form
of a document which has been taken from my personal
computer and printer. It is further certified that the
above-mentioned document's print out has been taken
out from the computer and printer which is under my
lawful control at the time of taking print out of this e-
document and has been derived from my personal
computer. This is certified that the document filed
with complaint is true and correct and no contents
thereof added or deleted or manipulated in any
manner whatsoever It is further certified that the
computer and the printer were operating properly at
the time of generating this electronic record.
VIMLESH
0 l
I ~r-1-"G
 u~2
NCT OF OELtll COURT FEE
OlCT\ 23193702331O
12·AP R•2023

1111\ffllffllllllDllllllllllllmI ~
IN THE COURT OF HON'BLE CHIEF
METROPOLITAN MAGISTAATE, (SOUTH-WEST)
DWARKA COURT, NEW DELHI
COMPLAINT CASE NO. _ _ _ /2023

IN THE MATTER OF:-

SMT . VIMLESH COMPLAINANT
VERSUS
RAJENDER PAL VOHRA ACCUSED

APPLICATION UNDER SECTION 5 OF THE LAW OF

LIMITATION ACT FOR CONDONATION OF DELAY
OF 22 DAYS IN FILING THE COMPLAINT CASE.

MOST RESPECTFULLY SHOWETH:

1. That the applicant is the complain~nt in the
above mentioned case.
2. That in the present case notice was sent to the
accused on 17.02.2023 , received by the accused
on the next day i.e. , 18.02.2023 and after expiry
15 days of the notice period the complaint was
required to be filed on or before .c?J :~~.'~~-~~ .. as
the accused failed to comply with the
requirements of the notice.
3. That unfortunately the counsel for the accused
was having some family problem and he left
Delhi, as such the counsel wa s not in touch with
 his profes sion activi ties and the origin al typed
comp laint and docum ents were lying with the
couns el, as such in the mean time the office of the
Coun sel was shifte d and durin g shiftin g the
comp laint and other docum ents of the
comp l~inan t were mispl aced. The couns el for the
comp lainan t after comin g back to Delhi, resum ed
to his profe ssiona l duties ~I"\- 'L5 , .Du.• 'l oci,3
and thoro ughly searc hed the docum ents which
were mispl aced and found the same in an
almir ah of the office , as such there is a delay of
22 days in filing the accom panyi ng comp laint
case.
4. That the comp lainan t is havin g a very good prima
facie case in her favou r and if the delay of 22 days
in filing the comp laint is not condo ned, the
comp lainan t shall suffer a lot.
5. That the delay in filing the comp laint is neithe r
willfu l nor intent ional but is becau se of the above
said reaso n.
6. That the prese nt applic ation has been move d
bonaf idely and in the intere st of justic e.

PRAYER
It is, theref ore, most respec tfully praye d
that the delay of 22 days in filing the comp laint
 case may kindly be condoned , in the interest of
justice.
Prayed according ly.

- '

THROUGH
(ANURA~ ~ & ASSOCIATES)
ADVOCATES FOR THE PETITIONER
Chamber No .623, Western Wing,
Tis Hazari Court, Delhi-11 0054
Delhi
Dated: 21 .04.202 3
 IN THE COURT OF HON'BLE CHIEF
METROPOLITAN MAGISTRATE, (SOUTH-WEST)
DWARKA COURT, NEW DELHI
COMPLAINT CASE NO. _ _ _ /2023

IN THE MATTER OF:-

SMT. VIMLESH
COMPLAINANT
VERSUS
RAJENDER PAL VOHRA ACCUSED

AFFIDAVIT
I, Anurag Chauhan, Advocate, Chamber No. 17,
Patiala House Court, New Delhi-110001 , do hereby
solemnly affirm and declare as under:
1. That I am the Counsel for the Petitioner in the
aforesaid matter as such, I am competent to
swear this affidavit.
2 . That the contents of the accompanying
Application are true and correct to my
d oath - , :.-'l.
1.~ ·'-' knowledge. The contents of the accompanying
~ -:I')e> NEESL.f·h
7
~(/)- I Appli'cation may be read as part and parcel of
;) \ ;P:.
{;--&"1 5··
::,/ ·
this affidavit as the same are not being repeated
1
:("11,. • it- herein for the sake of brevity.
· vo~'v De~

t : ~NT
VERIFICATION
 ? 1 APR?023
Verified at New Delhi on this ....... of Apri l, 2023
t h at th e contents of the above affidavit arc true and
c01Tect to my knowledge and belief and same h as been
read over to in my vernacular which is correct.

L~1· k ~ •)
DEPONE1¢T
 C ~:. -d:; :g :~," ~
~:.~:,: ~:,o:-~ 1111MJii~ffl/fll "f';d~.e. / Ov~
...........................................................................JURISOICTION OF201 )~ W~
~ ~
11) . I V
~~ ~h
\ oft
t .. ~ ..&!k.'.~!-::1
A ,I

···························· v ··············· .......................................PlalnUff(s) or PeUUoner(s)

Appcllant(s) Co~lnant(s)
VERSUS

;-;;·······~············~ ·~·,1\.·•~ ..~......V.~.~.. Defen~nt ts)/ Respondent(s) / A~ Know all to whom

~~e....~~·s·e·:'.t...i.'.'..~.:~.'..~~'...'. &1..·; y§.:t_-.•::.~. .~ ··· · · .IC
•.•. · ...............••
9J.ll..........LJAl.'.L,.h-.. .........'.J..?,······:£....,/..;p-
J...~.............t:/.....¥?.......~.~...
The above named........................~ .:-:1..~ ......................................................................................

- ............................4"" ~ •·····~ ··~ ·~ ·····~ ··do hereby appolpl ~CI\ r, () hrn Af)

(herein after called the advocateRi j ~ )/ ;;;,.}.+t;t,. g/a~ e- noted case authorize h£J ) ) Di j'1D')..t,
To act, appear and plead In the above-noted case In this court or In any other court In which the same
may be tried or heard and also In the appellate court Including High Court subject to payment of fees separately
for each court by me/us.

To sign file, verify and present pleadings, appeals cross-objection or petitions for executions review,
revision, withdrawal, compromise or other petitions or affidavits or other documents as may be deemed necessary
or proper for the prosecution of the said case In all Its stages subjects to payment of fees for each stage.

To file and take back documents, to admit and/or deny the documents of opposite party.

To withdraw or compromise the said case or submit to arbitration any differences of disputes
that may arise touching or in any manner relating to the said case.

To take execution p roceedings on paying separate fee.

To deposit, draw and receive money, cheques, cash and grant receipts hereof and to do all !. ~
other acts and things which may be necessary to be done for the progress and In the course of the . ".. g
prosecu tion on the said case.
l ~I. ..
To appoint and Instruct any other Legal Practitioner authorizing him to exercise the power and ;:
authority hereby conferred upon the Advocate wh enevPr he may think fit to do so and to sign the ,t
power of attorney on our behalf.

And I/we undersigned to hereby agree to ratify and confirm all acts done by the Advocate or
his subst itute In the matter as my/our own acts, as if done by me/us to all Intents and purpose.

And I/we undertake t hat I/We or my/our duly authorized agent would appear In court on all
hearings and will inform the Advocate for appearance when the case Is called.

And I/We undersigned do hereby agree not to hold the advocate or his substitute responsible for the
result of the said case. The adjournment costs whenever ordered by the court shall be of the Advocate which he
shall receive and retain for himself.

And I/w e undersigned do hereby agree that in the event of the whole or part of the fee agreed by me/us
to be paid to t he advocate remaining unpaid he shall be entitled to wi thdraw from the prosecution of the said case
until t he same Is paid up. The fee settle Is only for the above case and above Court. I/We hereby agree that once
the tee Is paid, 1 /We will not be entit led for the refund of the same In any case whatsoever and If the case
prolongs for more than 3 years the original fee shall be paid again by me/us.

IN WITNESS WHERE OF I/We do h):!~ 'y,o set mv/our h!(ld toi!_hese p~e~ nts the contents of which have
been understood by me/us on this ........... :.k:~....'t::: ..... .Day of...1).19 !.(J..'.. ...20!J.-A,:cepted subf ect to the terms of

I _ A _ . ~efm. (\----.-::-~n\ Client '~ 0\

tr"'' tJdvocate \ v\ .- \ c. • ' "'-
> ~ I Identi fy the Signature/Thumb Impression of Below Mentioned Person,

Signed In My Presence. The Client.