BEFORE THE HON’BLE JUDICIAL FIRST-CLASS MAGISTRATE

COURT II, PUNALUR

C.M.P. No /2025
C.C. No. /2025
Complainant:
Mr. Mahesh S/o Udayan, aged 33, Bharathipuram, Udayavilasom, Yeroor P.O.,
Yeroor village, Punalur Taluk, Kollam dist. Kerala – 691312.
Accused:
Mrs. Kripa R.L. W/o Sajan, Sajan Nivas, Thazhamel, Anchal Village, Punalur
Taluk, Kollam dist. Kerala - 691306.

COMPLAINT UNDER SECTION 138 OF THE NEGOTIABLE

INSTRUMENTS ACT, 1881 (AS AMENDED UPTO DATE) FOR THE SUM
OF RS 3,00,000/- (RUPEES THREE LAKH ONLY)
MOST RESPECTFULLY SHOWETH:
1. That the complainant is acquainted with the accused and her husband for a
considerable period.
2. That, relying on this friendship, the accused assured the complainant of
arranging employment in Dubai and, pursuant to this assurance, received a
sum of Rs. 300,000/- from the complainant. Despite her commitments. The
accused and her husband failed to secure the said employment.
3. That, the complainant, on multiple occasions, demanded the return of the
money from the accused, Upon the complainant’s demand for refund,
accused issued a cheque bearing no. 986547 of State Bank of India, Anchal
branch dated 22.10.2024. for an amount of Rs. 3,00,000/-. At the time of
issuing the cheque, the accused assured the complainant that the same is
good for value and will be honoured as and when presented.
4. That as per the direction of the accused, The said cheque was presented for
payment through State Bank of India, Punalur Branch but was dishonoured
by the bank on 23.12.2024. due to "Funds Insufficient". The complainant
made several attempts to contact the accused, but all efforts were met with
silence, and the accused failed to respond.
5. Subsequently, on 31.12.2024, the complainant was constrained to issue legal
notice to the accused through his advocate by registered post with
Acknowledgement for demanding the amount within a stipulated period of
15 days and the notice was returned as unclaimed on 02.01.2025. The notice
was returned to the complainant’s advocate with a remark ‘Addressee left
without institution’. The accused has not taken any steps to liquidate his
liability and has failed to make payment to the complainant towards the
amount covered under the said cheque, within the statutory period of 15
days.

Advocate Complainant
Jithu Mohan Mahesh
 6. 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.
7. That the accused have failed to make payment against the said cheque which
has done by him malafidely, intentionally and deliberately and knowingly.
That at the time of issuing the said cheque the accused were fully aware that
the said cheque will not be honoured on presentation and thus the accused is
guilty offence under Section 138 of Negotiable Instruments Act.
8. 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 dishonoured
cheque. The cause of action is still subsisting and continuing in nature.
9. That the cause of action has arisen, on 23.12.2024., the date which the
cheque got dishonoured and on 17.01.2025, the date which the expiry of the
notice period. The cheque was presented to the State Bank of India, Punalur
branch within the territorial jurisdiction of this court. Therefore, this Hon’ble
Court has jurisdiction to try and adjudicate upon the present complaint.
10.A court fee of Rs. 750/- has been paid, as prescribed under Schedule II,
Article 21(a)(iii) of the Kerala Court Fees and Suit Valuation Act (as
amended in 2024).
11.That, A delay of 32 days occurred in filing the complaint, and a petition for
condonation of delay has been submitted along with the complaint.
So 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
dishonoured cheque, under the provisions of Section 138 read with
Section 142 of the Negotiable Instruments Act,1881 as amended by the
Negotiable Instrument laws (Amended and Miscellaneous Provisions)
Act, 2002.
b. Such other and further orders may be passed as may be deemed fit and
proper by this Hon’ble Court.
Dated this the 24.03.2025

Advocate Complainant
Jithu Mohan Mahesh
DOCUMENTS PRODUCED
1. Cheque bearing no. 986547 dated 22.10.2024.
2. Return memo.
3. Legal Notice.
4. Postal receipt of Legal notice.
5. Returned legal notice.

.
Dated this the 24.03.2025

Advocate Complainant
Jithu Mohan Mahesh
 BEFORE THE HON’BLE JUDICIAL FIRST-CLASS MAGISTRATE
COURT II, PUNALUR
C.M.P. No /2025.
C.C. No. /2025.
Complainant : Mahesh.
Accused : Kripa R.L.

Affidavit
I, Mahesh S/o Udayan, Udayavilasom, Yeroor P.O., Yeroor village, Punalur Taluk,
Kollam dist. Kerala – 691312. do hereby solemnly affirm and state as follows.
1. I am the complainant and I know all the facts and circumstances of this case.
I am totally conversant to file this affidavit.
2. This complaint is filed for reliefs as per the negotiable instruments act,1881.
3. That the complainant is acquainted with the accused and her husband for a
considerable period.
4. That, relying on this friendship, the accused assured the complainant of
arranging employment in Dubai and, pursuant to this assurance, received a
sum of Rs. 300,000/- from the complainant. Despite her commitments. The
accused and her husband failed to secure the said employment.
5. That, the complainant, on multiple occasions, demanded the return of the
money from the accused, Upon the complainant’s demand for refund,
accused issued a cheque bearing no. 986547 of State Bank of India, Anchal
branch dated 22.10.2024. for an amount of Rs. 3,00,000/-. At the time of
issuing the cheque, the accused assured the complainant that the same is
good for value and will be honoured as and when presented.
6. That as per the direction of the accused, The said cheque was presented for
payment through State Bank of India, Punalur Branch but was dishonoured
by the bank on 23.12.2024. due to "Funds Insufficient". The complainant
made several attempts to contact the accused, but all efforts were met with
silence, and the accused failed to respond.
7. Subsequently, on 31.12.2024, the complainant was constrained to issue legal
notice to the accused through his advocate by registered post with
Acknowledgement for demanding the amount within a stipulated period of
15 days and the notice was returned as unclaimed on 02.01.2025. The notice
was returned to the complainant’s advocate with a remark ‘Addressee left
without institution’. The accused has not taken any steps to liquidate his
liability and has failed to make payment to the complainant towards the
amount covered under the said cheque, within the statutory period of 15
days.
 Deponent : Mahesh
8. 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.
9. That the accused have failed to make payment against the said cheque which
has done by him malafidely, intentionally and deliberately and knowingly.
That at the time of issuing the said cheque the accused were fully aware that
the said cheque will not be honoured on presentation and thus the accused is
guilty offence under Section 138 of Negotiable Instruments Act.
10.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 dishonoured
cheque. The cause of action is still subsisting and continuing in nature.
11.It is, therefore, most respectfully prayed that this Hon’ble Court may be
pleased to 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
Instrument laws (Amended and Miscellaneous Provisions) Act, 2002. If it is
not allowed, Irreparable damages and losses would be caused to me.

All the facts stated above are true to the best of my knowledge and belief.
Dated this the 24th day of March, 2025.

Deponent : Mahesh
 BEFORE THE HON’BLE JUDICIAL FIRST CLASS MAGISTRATE
COURT II, PUNALUR
C.M.P . No /2025
C.C. No. /2025
Complainant : Mahesh.
Accused : Kripa R.L.

Name and address of the Complainant:

Mr. Mahesh S/o Udayan, Udayavilasom, Yeroor P.O., Yeroor village, Punalur
Taluk, Kollam dist. Kerala – 691312.
Name and address of the Accused:
Mrs. Kripa R.L. W/o Sajan, Sajan Nivas, Thazhamel, Anchal Village, Punalur
Taluk, Kollam dist. Kerala - 691306.

Dated this the 24th day of March, 2025.

Advocate

\
 BEFORE THE HON’BLE JUDICIAL FIRST CLASS MAGISTRATE
COURT II, PUNALUR
C.M.P . No /2025
C.C. No. /2025
Complainant : Mahesh.
Accused : Kripa R.L.

Caselist

1. Petition - 1
2. Affidavit. - 1
3. Process Memo - 1
4. Adress Memo - 1
5. Documents - 5
6. Vakalath. - 1
7. Copy of petition. - 1
8. Copy of documents - 1 each

24.03.2025.

Advocate
 BEFORE THE HON’BLE JUDICIAL FIRST CLASS MAGISTRATE
COURT II, PUNALUR
C.M.P . No /2025
C.C. No. /2025
Complainant : Mahesh.
Accused : Kripa R.L.

PROCESS MEMO

For the purpose of sending legal notice to the accused 1 postal cover and 1
acknowledgement card is produced along with the postal stamp of Rs. 30/- each.

24.03.2025.

Advocate
BEFORE THE HON’BLE JUDICIAL
FIRST CLASS MAGISTRATE
COURT II, PUNALUR
C.M.P . No /2025
C.C. No. /2025

Complainant : Mahesh.
Accused : Kripa R.L.

COMPLAINT UNDER SECTION

138 OF THE NEGOTIABLE
INSTRUMENTS ACT, 1881 (AS
AMENDED UPTO DATE) FOR THE
SUM OF RS 3,00,000/- (RUPEES
THREE LAKH ONLY)

Advocate.
BEFORE THE HON’BLE JUDICIAL
FIRST CLASS MAGISTRATE
COURT II, PUNALUR
C.M.P . No /2025
C.C. No. /2025

Complainant : Mahesh.
Accused : Kripa R.L.

Document No

Advocate.
 BEFORE THE HON’BLE JUDICIAL FIRST-CLASS MAGISTRATE
COURT II, PUNALUR
C.M.P. No /2025.
C.C. No. /2025.
Complainant : Mahesh.
Accused : Kripa R.L.

Affidavit
I, Mahesh S/o Udayan, Udayavilasom, Yeroor P.O., Yeroor village, Punalur Taluk,
Kollam dist. Kerala – 691312. do hereby solemnly affirm and state as follows.
1. I am the complainant in this case and petitioner in this petition. I know all
the facts and circumstances of this case. I am totally conversant to file this
affidavit.
2. This complaint is filed for reliefs as per the negotiable instruments act,1881.
3. That, I am seeking condonation of delay in filing a complaint under the
Negotiable Instruments Act. The one-month period for filing the case
expired on 16.02.2025. However, due to unavoidable employment
obligations and travel commitments, I was unable to contact my advocate in
a timely manner, resulting in a delay of 32 days.
4. The delay was entirely involuntary, necessitated by my urgent need to travel
outside Kerala for work purposes, which prevented me from visiting my
advocate.
5. Hence this honourable court may be pleased enough to
condone delay of 32 days for filing the complaint, a
separate petition is filed for this relief and that may be
allowed otherwise, I will be put to irreparable loss and injury
which cannot be compensated in terms of Money
6. Hence for all reasons stated above this Honourable court
may be pleased enough to allow the petition filed along with
this affidavit.

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

Dated this the 24th day of March, 2025

Deponent : Mahesh
 BEFORE THE HON’BLE JUDICIAL FIRST-CLASS MAGISTRATE
COURT II, PUNALUR
C.M.P. No /2025.
C.C. No. /2025.
Complainant : Mahesh.
Accused : Kripa R.L.

Petitioner/Complainant:
Mr. Mahesh S/o Udayan, Udayavilasom, Yeroor P.O., Yeroor village, Punalur
Taluk, Kollam dist. Kerala – 691312.
Respondent/Accused:
Mrs. Kripa R.L. W/o Sajan, Sajan Nivas, Thazhamel, Anchal Village, Punalur
Taluk, Kollam dist. Kerala - 691306.

Petition most humbly submitted by Adv. Jithu Mohan

Under Section 142(b) of The Negotiable Instruments Act,
1881.
For the reasons stated in the accompanying affidavit, this
Honourable Court may be pleased to condone the delay of 32
days for filing the complaint before this Honourable Court.

Dated this the 24th day of March, 2025

Advocate
BEFORE THE HON’BLE JUDICIAL
FIRST CLASS MAGISTRATE
COURT II, PUNALUR
C.M.P . No /2025
C.C. No. /2025

Complainant : Mahesh.
Accused : Kripa R.L.

Petition most humbly

submitted by Adv. Jithu
Mohan Under Section 142(b)
of The Negotiable
Instruments Act, 1881.

Advocate.