IN THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS
AT 43RD AT BORIVALI, MUMBAI.
Criminal Complaint No of /2024
Mr. Kishor Maruti Abhang
Age : 50yrs, Occupation: Business
Residing at 67/536, Motilal Nagar no 1,
Near Ganesh Maidan, Goregaon (West),
Mumbai, Maharashtra-400 104,India.
Phone No: +91 98209 92627
Email id : kishorabhang12@gmail.com
……….. Complainant
V/s
1) Mrs. Sneha Sanjay Deorukhkar
Age:45yrs, Occupation:
2) Mr Sanjay Dattaram Deorukhkar
Age: 49yrs, Occupation:
Both Residing at:230/1835, Motilal Nagar no 1,
Near Ganesh Maidan, Goregaon (West),
MumbaiMaharashtra-400 104, India.
Phone No: 9820434248/9920271180
Email Id:
………. Accused
COMPLAINT-UNDER SECTION 138 R/W 142 OF
THE NEGOTIABLE INSTRUMENT ACT, 1881, AS
AMENDED UPTO DATE.
MAY IT PLEASE YOUR HONOUR
IT IS MOST RESPECTFULLY SUBMITTED ON BEHALF OF THE COMPLAINANT
ABOVENAMED AS UNDER.
1) The Complainant states, that he is known as Mr. Kishor Maruti Abhang, Age-50
Yrs, Resident at 67/536, Motilal Nagar no 1, Near Ganesh Maidan, Goregaon West,
Mumbai, Maharashtra-400 104, India. Mobile No: +91 98209 92627.
Hereto annexed and marked as Exhibit “A” is Copy of Aadhar of Complainant
denotes Name, Address, Age.
2) The Complainant states he is a hardworking man, stays with his family, a peace-
loving, law-abiding citizen of country, for his livelihood he ferries Auto rickshaw in
vicinity of Mumbai suburbs, further contribute his time towards social service to
help the humane cause, hence he had garnished a good name in the society and
respected around his living area.
3) The Complainant states that he was looking to rent the property, and met
complainant Mrs. Sneha Sanjay Deorukhkar, wife of Mr. Sanjay Dattaram
Deorukhkar (Jointly accused), who solicited to rent the property which is Room No:
230/1835, Motilal Nagar no 1,Near Ganesh Maidan, Goregaon West, Mumbai,
Maharashtra-400 104, India, wherein it was mutually agreed between complainant
and accused that complainant will pay a refundable deposit of Rupees Five Lakhs
Only (Rs.500,000/-) and monthly rent at the rate of Rupees One Hundred Only
(Rs.100/-), further the Online registration of leave and license agreement was
executed on 11-07-2023, for period of thirty-three months, along with police
verification by Goregaon Police Station on 14-07-2023, wherein the possession as
per the Leave And License Agreement which also includes Index 2, was to be given
to complainant by accused on 01-08-2023 till 30-04-2026, for residential purpose to
complainant. Hereto annexed and marked as Exhibit “B” is a copy of Leave and
License Agreement.
4) The Complainant states, that he paid Rupees Five Lakhs to accused in through
cheque no 000051, of Bank of Baroda, Jawahar Nagar Branch, Goregaon West,
drawn in the name of the accused by complainant, which cleared successfully in
account of accused.
Hereto annexed and marked as Exhibit “C” is the copy of passbook of Bank of
Baroda which shows the entry of Rupees Five Lakh cleared on Accused bank.
5) The complainant, further states when he requested accused to handover the peaceful
possession as per the agreement of the rental property, however accused sought for
some time, which complainant agreed, however after few days when complainant
insisted to either handover the possession or refund the security deposit which
complainant paid to accused, as accused was not acting on good faith.
6) The Complainant states that accused, upon insistence of complainant,
accused refunded Rupees Two Lakhs Only (Rs.200,000/-), and
negotiated for some more time, which complainant agreed in good faith,
however on the stipulated time frame which accused sought, time
accused notoriously stopped answering phone calls of complainant,
further avoided meeting him by giving one or the other reason, to which
complainant concerned wrote a letter of complaint about the
misadventure of accused, to Goregaon Police Station on 10-06-2024.
Hereto annexed and marked as Exhibit “C” Letter of Complaint by accused to
Goregaon Police Station.
7) The complainant states, accused after the intervention of Goregaon
Police Station to find the resolve to the standstill, when complainant insisted
to return the stipulated deposit amount to him, accused gave three cheques of
rupees one lakh each, complainant states he deposited one of the cheque in month
of January 2024, however that cheque was returned by complainant bank with a
reason “Insufficient funds” aggrieved by this deception, complainant informed
accused wherein accused reassured that they will pay after few months and further
issued a new cheques of rupees One Lakh each, illustrated below in the tabular form
are the cheques issued by accused to complainant.
Bank Name Amount and Signatory Date and bearer
& Cheque
No.
State Bank of One Lakh Rupees (Rs 24/6/2024
India Cheque 1,00,000/-). Mr. Kishor
No:153335 Mrs. Sneha Sanjay Abhang
Deorukhkar
State Bank of One Lakh Rupees (Rs 24/06/2024
India Cheque 1,00,000/-). Mr. Kishor
No:153336 Mrs. Sneha Sanjay Abhang
Deorukhkar
In furtherance on 11-07-2023, Complainant states that after lots of pleading and
persistence to pay balance debt of One Lakh Rupee, accused issued a
instrument of debt as undertaking in writing that they owe the debt towards
complainant for one month, on The Non-Judicial Stamp Paper of Rupees One
Hundred bearing number 56AA259938, that accused owe him Rupees One
Lakh only.
Hereto annexed and marked as Exhibit “D” Copy of Cheque No 153335 and 153336 of
State Bank of India.
Hereto annexed and marked as Exhibit “E” Copy of declaration of debt on non-
judicial stamp paper 56AA259938 of Rupee One Hundred.
8) The Complainant states, when he deposited the said above listed cheque on 24-06-
2024, complainant was disappointed realizing cheques was dis-honored by
complainant’s Bank, complainant was intimated by his bank that cheques issued by
accused which was deposited in State Bank of India, Goregaon (West) Branch
Cheque No:153335 and Cheque No: 153336 for One Lakh rupees each was
dishonored due to “Insufficient Funds”, In furtherance complainant received
“Bank Memo” on 01-07-2024 with remarks “Fund Insufficient”.
Hereto annexed and marked as Exhibit “F” is the Memo of State Bank of India
related to cheques 153335 and 153336 dated 01-07-2024.
9) The complainant states that the said cheques which is (Cheque No- 153335 &
Cheque No-) has been returned by complainant Bank which is STATE BANK OF
INDIA at GOREGAON (WEST) on JULY 1, of 2024 was dishonored stating
“Insufficient Funds” by complainant bank.
Hereto annexed and marked as Exhibit “G” is a copy of Bank passbook of
complainant stating Bank Name and Branch address of Bank.
10) The Complainant states that, once the said cheques issued by
accused to complainant was dishonored by complainant banks, he
informed accused and was further assured by accused that they will
arrange funds, within weeks and will clear the debt, however to bad
fortune of complainant, accused once again failed to honor their
commitment under the agreed time and left complainant on lurch,
complainant tried reaching accused through various ways, however
accused didn’t bother to reply or answer complainant phone call, all
efforts of complainant to reach accused went down the drain,
complainant states when he went to accused address, accused
misbehaved, abused and threatened with dire consequences.
11) The Complainant states, that despite numerous informal reminders
to clear the monetary debt, accused had not paid attention towards
complainant pleas they were carefree, therefore aggrieved by accused
attitude towards the Complainant rightful monetary debt, the
Complainant issued accused a statutory legal notice through his advocate
which was sent through RPAD by India Post on 23-08-2024 to accused’s
best known residential address, which accused is in receipt or it was
delivered as per tracking report on 24-08-2024, wherein the Complainant
politely demanded that accused shall execute a demand draft or credit
monetary due on his bank.
Hereto annexed and marked as Exhibit “H” is Copy of Legal Notice sent to
accused on 23-08-2024.
Hereto annexed and marked as Exhibit “I” is Copy of tracking report RPAD of
India Post ON 24-08-2024.
12) The complainant further states that the said cheque was dishonored by the
banker of accused with remark “INSUFFICENT FUNDS”. The accused had
intentionally issued the cheque by not maintaining the requisite funds for the said
cheques to be honored, the complainant further states that accused had no respect for
law, as they had breach and successfully deceived complainant with false
assurances during the mediation conducted by Goregaon Police Station and use of
Non-Judical Stamp paper, In furtherance accused had failed to take note of advocate
Legal Notice despite receiving the notice and mandate to clear complainant debt
within fifteen Days, The Accused under this circumstances has acted in bad faith
and disrespected due process of law and abused the instrument of financials to
commit offence which comes under the ambit of U/s 138 of the Negotiable
Instruments Act,1881 (as amended) and therefor by virtue of established and settled
legal propositions liable to be punished under the penal provision of the said act.
13) The complainant submits, that the complainant’s bank account is State Bank
Of India which is located at Jawahar Nagar Branch at Goregaon (West), Mumbai-
400 104, Maharashtra, India. The Jurisdiction of this Court is to hear the plea of
complainant is under of Hon’ble Judicial Magistrate of First Class at Borivali,
Mumbai.
14) The Statutory demand notice to the accused was issued within the stipulated
period and the present complaint is being filed within the prescribed time as
provided under section 142 (b) of The Negotiable Instruments Act, 1881.
15) The complainant has not filed any other complaint with respect to the
dishonored cheques in question in court or any other court.
16) The complainant will rely upon the following documents in support of his
complaint.
a. The Dishonored Cheques.
b. The Bank Return Memos.
c. The Statutory Legal Notice.
d. Postal Receipts and postal tracking report.
e. Any other documents with permission of the Hon’ble Court.
17) The complainant will be relying upon the following witnesses.
a. The Complainant
b. The Bank Officer
c. Goregaon Police Station (Officer)
d. Any other witnesses with permission of the Hon’ble Court.
18) The Complainant therefore humbly, prays before this Hon’ble Court is
that
a. Under these circumstances, it is prayed that this Hon’ble Court may be pleased to
issue process against the accused, for commission of the sid offences and they may
be dealt with, according to law. It is further prayed that summons be permitted to be
served by registered Post A.D, as per the amended provisions of the Negotiable
Instruments Act,1881.
b. Hold and declare both accused guilty U/s 138 of N.I.ACT,1881;
c. Direct both the accused to pay double the amount and direct both accused to suffer
imprisonment;
d. Interim compensation be granted (awarded) to the Complainant till the final disposal
of the Complainant;
e. The complainant may be compensated under Section 357 of Cr. P.C. accordingly;
f. Cost of the complaint be provided for;
g. Any such other further reliefs and order in favor of complainant , as this Hon’ble
Court any deem fit and proper.
And for this act of kindness, the Complainant shall ever be grateful to this Hon’ble Court.
Place: Borivali, Mumbai.
Solemnly Affirmed At Mumbai,
Dated this _____________ day of October, 2024.
Complainant
Advocate for the Complainant
VERIFICATION
I, Mr. Kishor Maruti Abhang, Age-50 Yrs, Resident at 67/536, Motilal Nagar no 1, Near
Ganesh Maidan, Goregaon West, Mumbai, Maharashtra-400 104, India. Mobile No: +91
98209 92627, email id- kishorabhang12@gmail.com, do hereby solemnly, declare and state
that the contents of the above paragraphs of this complaint are true and correct to the best of
my knowledge and belief, including the legal submissions, which are based on legal advice
given.
Solemnly affirmed at Mumbai
On this ____ day of October, 2024
Identified by me,
Narayan. L. Mishra Complainant
Advocate for Complainant Before me.
IN THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS
AT 43RD AT BORIVALI, MUMBAI.
Criminal Complaint No of /2024
Mr. Kishor Maruti Abhang
V/s
1)Mrs. Sneha Sanjay Deorukhkar
2) Mr Sanjay Dattaram Deorukhkar
MEMO OF ADDRESS
I, Mr. Kishor Maruti Abhang, Age-50 Yrs, Resident at 67/536, Motilal Nagar no 1, Near
Ganesh Maidan, Goregaon West, Mumbai, Maharashtra-400 104, India. Mobile No: +91
98209 92627, Email id- kishorabhang12@gmail.com.
C/o :
Advocate Narayan Lavkush Prasad Mishra
Advocate for Complainant.
3103-D, Imperial Heights
Opp Goregaon Fire Brigade
BEST Colony, Goregaon (W)
Mumbai-400104, Maharashtra
India.
Complainant
Advocate For the Complainant.
IN THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS
AT 43RD AT BORIVALI, MUMBAI.
Criminal Complaint No of /2024
Mr. Kishor Maruti Abhang
V/s
1)Mrs. Sneha Sanjay Deorukhkar
2) Mr. Sanjay Dattaram Deorukhkar
LIST OF DOCUMENT AND WITNESS
Exhibit “A” is Copy of Aadhar of Complainant denotes Name, Address, Age.
Exhibit “B” is a copy of Leave and License Agreement.
Exhibit “C” is the copy of passbook of Bank of Baroda which shows the entry of Rupees
Five Lakh cleared on Accused bank.
Exhibit “D” Copy of Cheque No 153335 and 153336 of State Bank of India.
Exhibit “E” Copy of declaration of debt on non-judicial stamp paper 56AA259938 of
Rupee One Hundred.
Exhibit “F” is the Memo of State Bank of India related to cheques 153335 and 153336
dated 01-07-2024.
Exhibit “G” is a copy of Bank passbook of complainant stating Bank Name and Branch
address of Bank.
Exhibit “H” is Copy of Legal Notice sent to accused on 23-08-2024
Exhibit “I” is Copy of tracking report RPAD of India Post ON 24-08-2024.
1) Complaint
2) Bank Authorities
3) Witness and any other evidences with permission of this Hon’ble Court.
4) Any other Person/s as in required during the course of litigation.
Advocate for the Complainant. Complainant
IN THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS
AT 43RD AT BORIVALI, MUMBAI.
Criminal Complaint No of /2024
Mr. Kishor Maruti Abhang
Age: 50yrs, Occupation: Business
Residing at 67/536, Motilal Nagar no 1,
Near Ganesh Maidan, Goregaon (West),
Mumbai, Maharashtra-400 104, India.
Phone No: +91 98209 92627
Email id: kishorabhang12@gmail.com.
……….. Complainant
V/s
1)Mrs. Sneha Sanjay Deorukhkar
Age:45yrs, Occupation:
2) Mr Sanjay Dattaram Deorukhkar
Age: 49yrs, Occupation:
Both Residing at:230/1835, Motilal Nagar no 1,
Near Ganesh Maidan, Goregaon (West),
MumbaiMaharashtra-400 104, India.
Phone No: 9820434248/9920271180
Email Id:
………. Accused
AFFIDAVIT IN SUPPORT OF COMPLAINT.
1) I, Mr. Kishor Maruti Abhang, Age-50 Yrs, Resident at 67/536,
Motilal Nagar no 1, Near Ganesh Maidan, Goregaon West,
Mumbai, Maharashtra-400 104, India. Mobile No: +91
9820992627, the complainant hereinabove mentioned do hereby state
and submit as under:
2) I, say that accused offered his property in Goregaon west, for rental
purpose as I was looking for rental premises for myself, therefore I paid
accused Interest free deposit as security deposit further executed the leave
and license agreement.
3) I, say accused after the execution of rent agreement failed to give
possession of the property, in result I asked for the security deposit to be
refunded, however accused paid me Rupees Two Lakh, and asked for
some time to return the balance amount, I say, accused gave me cheque in
month of January which was dishonored.
4) I, say that on 10-06-2024, I wrote a complaint letter to Goregaon police
station, wherein accused gave me two cheques of Rupees One Lakh
(Cheque No 153335 and 153336) of State Bank of India, Jawahar Nagar
Branch, Goregaon (West), which was dishonored, With return Memo of
Bank with remarks “Insufficient Funds” on 1st of July, 2024.
5) I, Say on 23-08-2024, Advocate’s notice was presented to the residential
address of accused registered AD through India Post and same was
delivered on 24-08-2024.
6) I have read over have knowledge of the facts of the present complaint.
The present complaint is filed under Sec. 138 of Negotiable Instrument
Act 1881 against aforesaid accused.
7) It is prayed, in the complaint therein that this Hon’ble Court be pleased
to issue process against the accused and they be dealt with and punished
in accordance with law.
8) Whatever stated in the present complaint may be read in this affidavit as
forming part of this Affidavit in support of present complaint. I state,
that I nor the complainant abovenamed have filled and or prosecuted the
accused person in any other court in respect of the dishonored cheque
in question in the present complaint.
Whatever, stated hereinabove is true and correct.
Solemnly affirmed at Mumbai
On this ____ day of October, 2024 Complainant
Identified by me,
Advocate for Complainant Before me
I am not members of the welfare fund. Therefore, Stamp of Rs.2/- is not
affixed herewith.
Advocate
IN THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS
AT 43RD AT BORIVALI, MUMBAI.
Criminal Complaint No of /2024
Mr. Kishor Maruti Abhang
Age : 50yrs, Occupation: Business
Residing at 67/536, Motilal Nagar no 1,
Near Ganesh Maidan, Goregaon (West),
Mumbai, Maharashtra-400 104,India.
Phone No: +91 98209 92627
Email id: kishorabhang12@gmail.com
……….. Complainant
Versus
1) Mrs. Sneha Sanjay Deorukhkar
Age:45yrs, Occupation:
2) Mr Sanjay Dattaram Deorukhkar
Age: 49yrs, Occupation:
Both Residing at:230/1835, Motilal Nagar no 1,
Near Ganesh Maidan, Goregaon (West),
MumbaiMaharashtra-400 104, India.
Phone No: 9820434248/9920271180
Email Id:
………. Accused
VAKALATNAMA
I, Mr. Kishor Maruti Abhang, the complainant does hereby appoint Advocate
Narayan Lavkush Prasad Mishra, Advocate Bombay High Court, to act, appear,
plead for me/us in the above matter.
In witness whereof I have set and subscribed my respective hand to this
writing in the said matter.
This ______ day of October, 2024
I Accept
Narayan L. Mishra Complainant
Advocate for Complainant
3103, D wing, Imperial Heights,
Near Best Colony, Goregaon West,
Mumbai -400104
Mob No. 7977528975
IN THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS
AT 43RD AT BORIVALI, MUMBAI.
Criminal Complaint No of /2024
Mr. Kishor Maruti Abhang
V/s
1)Mrs. Sneha Sanjay Deorukhkar
2) Mr. Sanjay Dattaram Deorukhkar
INDEX
Sr. Particulars Page No.
No.
1 Roznama
2 Complaint
3 Memo of Address
4 List of Document and Witness
5 Exhibit “A” is Copy of Aadhar of Complainant
denotes Name, Address, Age.
6 Exhibit “B” is a copy of Leave and License
Agreement.
7 Exhibit “C” is the copy of passbook of Bank of
Baroda which shows the entry of Rupees Five Lakh
cleared on Accused bank.
8 Exhibit “D” Copy of Cheque No 153335 and 153336
of State Bank of India.
9 Exhibit “E” Copy of declaration of debt on non-
judicial stamp paper 56AA259938 of Rupee One
Hundred.
10 Exhibit “F” is the Memo of State Bank of India
related to cheques 153335 and 153336 dated 01-07-
2024.
11 Exhibit “G” is a copy of Bank passbook of
complainant stating Bank Name and Branch address
of Bank.
12 Exhibit “H” is Copy of Legal Notice sent to accused
on 23-08-2024
13 Exhibit “I” is Copy of tracking report RPAD of
India Post ON 24-08-2024.
14 Exhibit “A” is Copy of Aadhar of Complainant
denotes Name, Address, Age.
15 Affidavit in support of complaint
16 Vakaltnama
Complainant Advocate for Complainant
IN THE COURT OF JUDICIAL
MAGISTRATE FIRST CLASS
AT 43RD AT BORIVALI,
MUMBAI.
Criminal Complaint No
of /2024
Mr. Kishor Maruti Abhang
V/s
Mrs. Sneha Sanjay Deorukhkar
Mr. Sanjay Dattaram Deorukhkar
_________________________________
COMPLAINT UNDER
SECTION 138 OF THE
NEGOTIABLE INSTRUMENT
ACT, 1881, AS AMENDED.
_________________________________
Dated day of October , 2024
Narayan Lavkush Prasad Mishra
Advocate for Complainant
3103-D Wing, Imperial Heights,
Near Best Colony, Goregaon (W)
Mumbai:400104, Maharashtra, India.
Email: adv.Narayanlavkushmishra@gmail.com
Mobile No- 79775 28975
