LIST
1. Name and address of complainant:
Sachin S/o Sh. Krishan R/o H. No. 616, Pana Bichla, Barahi,
Distt.- Jhajjar, Haryana-124505, also at C-337/338, Second
Floor, Sector-1, Avantika, Rohini, Delhi-110085
2. Name & address of Accused (s):
Sh. Sher Bahadur S/o Sh. Gaheshwari R/o E-3/202, Sultan Puri,
Delhi-110086.
3. Name of Police Station: Vijay Vihar
4. Total Cheque amount: Rs. 50,000/-
5. Details regarding any other No
cases u/s 138 NI Act pending
against same accused (s)
a) Name of the Court (s)
where such case is pending NIL
b) Complaint Case Number NIL
C) Next date of hearing before
such court (s) NIL
6. Any other information (e.g. NIL
Agreement (of loan etc.) with
Date and other particulars:
Detailed in the complaint and pre-summoning evidence and same is
not repeated herein for sake of brevity.
(ACHLA VASHISHTH & SHREY KUNDU)
Advocates
Chamber No. 184-A, First Floor,
Western Wing, Tis Hazari Courts,
Delhi-110054
IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE,
ROHINI COURT, DELHI
COMPLAINT NO. /2019
IN THE MATTER OF:-
SACHIN … Complainant
Versus
SHER BAHADUR … Accused
INDEX
S.No. Particulars Pages C.Fee
1. Complaint under section 138 read with
section 142 of the Negotiable
Instruments Act, 1881
2. List of witnesses
3. List of documents alongwith
documents
4. An application under section 143A,
Negotiable Instruments Act, 1881,
alongwith affidavit
5. Evidence by way of affidavit on behalf
of complainant
6. Vakalatnama
New Delhi
Dated
Filed by;
(ACHLA VASHISHTH & SHREY KUNDU)
Advocates
IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE,
ROHINI COURT, DELHI
COMPLAINT NO. /2019
IN THE MATTER OF:-
Sachin
S/o Sh. Krishan
R/o H. No. 616, Pana Bichla,
Barahi, Distt.-Jhajjar, Haryana-124505,
also at C-337/338, Second Floor,
Sector-1, Avantika,
Rohini, Delhi-110085 … Complainant
Versus
Sh. Sher Bahadur
S/o Sh. Gaheshwari
R/o E-3/202, Sultan Puri,
Delhi-110086. … Accused
P.S. Vijay Vihar
COMPLAINT UNDER SECTION 138 READ WITH SECTION
142 OF THE NEGOTIABLE INSTRUMENTS ACT, 1881
MOST RESPECTFULLY SHOWETH:-
1. That the complainant is a law abiding citizen of India and
accused is acquainted, being family friend, with the
complainant for last three years.
2. That in the month of june 2018 the accused approached the
complainant and asked for a loan of Rs.50,000/-with an
assurance to return it within SIX MONTHS. Since the
complainant was known to the accused so the complainant
gave him a friendly loan of Rs.50,000/- in cash.
3. That the accused issued post dated cheque for returning the
said friendly loan vide issued cheque bearing No. 820670
dated 27.11.2018 for a sum of Rs.50,000/- drawn on State Bank
Of India, Sultanpuri, Delhi, to the complainant. The said
cheque issued by accused and it was handed over to
complainant.
4. That the complainant presented the said cheque for
encashment within its validity period with his banker
namely Axis Bank, Maharaja Agrasen complex, Sector-5,
Rohini, Delhi, and the same was returned unpaid vide bank
memo dated 30.11.2018 with the reason Insufficient
Funds”.
5. That upon receipt of information of dishonour of the
cheque the complainant through his Advocate sent a
statutory notice of demand dated 08.12.2018 as envisaged
under Section 138(b) of Negotiable Instruments Act on
08.12.2018. The said notice dated 08.12.2018 was sent at
the address mentioned above through Speed post
demanding him to make the payment within 15 days, but
postal tracking report is not clear the accused was presumed
to have been served on 10.12.2018 when the postal
consignment had gone to the local post office of the
accused and the correct address of the accused is mentioned
over the postal envelop..
6. That the accused has failed to make the said payment
within the stipulated period of 15 days as demanded in the
said notice.
7. That the complainant has complied with all the mandatory
provisions of the negotiable Instruments Act and complaint
is well within the period of limitation.
8. That the said notice in respect of the dishonor cheque
demanding the cheque amount was drawn at the office of
counsel for the complainant at Chamber No. 184-A,
Western Wing, Tis Hazari Courts, Delhi. The said notice
was sent from the Postal Counter, Tis Hazari Court. Hence
this Hon’ble Court has the jurisdiction to entertain the
present complaint.
PRAYER
It is therefore, prayed that this Hon’ble Court may be pleased to:
a) Summon the Accused under Sections 138 and 141 of the
Negotiable Instruments Act, 1881, try and punish the
accused in accordance with law for the aforesaid offences
committed by them.
b) Direct the Accused to pay fine to the complainant, twice
the amount of cheques; and/or
c) Any other or further relief as this Hon’ble Court may deem
fit and proper in the facts and circumstances of the matter.
New Delhi Complainant
Dated
Through
(ACHLA VASHISHTH & SHREY KUNDU)
Advocates
Chamber No. 184-A, First Floor,
Western Wing, Tis Hazari Courts,
Delhi-110054
IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE,
ROHINI COURT, DELHI
COMPLAINT NO. /2019
IN THE MATTER OF:-
SACHIN … Complainant
Versus
SHER BAHADUR … Accused
AFFIDAVIT
I, Sachin S/o Sh. Krishan R/o H. No. 616, Pana Bichla,
Barahi, Distt.- Jhajjar, Haryana-124505, also at C-337/338,
Second Floor, Sector-1, Avantika, Rohini, Delhi-110085, aged
about 21 years, do hereby solemnly affirm and declare as under:-
1. That I have filed accompanying complaint U/s 138 of
Negotiable Instrument Act against the accused and am well
conversant with the facts of the case and as such competent to
swear this affidavit.
2. That I have not filed any other complaint against the accused in
respect a cheque bearing No. 820670 dated 27.11.2018 for a
sum of Rs.50,000/- drawn on State Bank Of India, Sultanpuri,
Delhi,, in any court of law except the present one.
DEPONENT
Verification:-
Verified at Delhi on this day of January 2019 that the contents
of my above affidavit are true and correct to my knowledge and no
part thereof is false and nothing material has been concealed
therefrom.
DEPONENT
IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE,
ROHINI COURT, DELHI
COMPLAINT NO. /2019
IN THE MATTER OF:-
Sachin … Complainant
Versus
SHER BAHADUR … Accused
LIST OF WITNESSES ON BEHALF OF THE COMPLAINANT
1. Complainant
2. Officer/Clerk of the complainant’s Axis Bank, Branch
Maharaja Agrasen Market, Sector-5, Rohini, New Delhi with
relevant records.
3. Officer/Clerk of accused person’s State Bank Of India,
Sultanpuri, Delhi,, with relevant records.
4. Office/Clerk of Concerned post office with relevant records.
5. Any other witnesses with the permission of this Hon’ble Court.
New Delhi Complainant
Dated
Through
(ACHLA VASHISHTH & SHREY KUNDU)
Advocates
IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE,
ROHINI COURT, DELHI
COMPLAINT NO. /2019
IN THE MATTER OF:-
Sachin … Complainant
Versus
SHER BAHADUR … Accused
LIST OF DOCUMENTS FILED ON BEHALF OF THE
COMPLAINANT
1. Dishonoured a cheque bearing No. 820670 dated 27.11.2018
for a sum of Rs.50,000/- drawn on State Bank Of India,
Sultanpuri, Delhi,.
2. Photocopy of Bank Memo dated 30.11.2018
3. Copy of legal notice dated 08.12.2018
4. Speed Post receipt as proof of sending of legal notice dated
08.12.2018.
5. Copy of tracker report issued by Indian Post.
6. Copy of Aadhar card of the complainant.
7. Copy of rent agreement of the complainant of Rohini address.
8. Any other documents with the permission of this Hon’ble
Court.
.
New Delhi Complainant
Dated
Through
(ACHLA VASHISHTH & SHREY KUNDU)
Advocates
IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE,
ROHINI COURT, DELHI
COMPLAINT NO. /2019
IN THE MATTER OF:-
SACHIN … Complainant
Versus
SHER BAHADUR … Accused
EVIDENCE BY WAY OF AFFIDAVIT
I, Sachin S/o Sh. Krishan R/o H. No. 616, Pana Bichla,
Barahi, Distt.- Jhajjar, Haryana-124505, also at C-337/338,
Second Floor, Sector-1, Avantika, Rohini, Delhi-110085, aged
about 21 years, do hereby solemnly affirm and declare as under:-
1. That I am a law abiding citizen of India.
2 That I am the complainant in the said case.
3. That the accused is acquainted, being family friend, with the
complainant for last three years.
4. That in the month of June 2018 the accused approached the
complainant and asked for a loan of Rs. 50,000/-with an assurance
to return it within six months. Since the complainant was known
to the accused so the complainant gave him a friendly loan of
Rs.50,000/- in cash.
5. That the accused issued post dated cheque for returning the said
friendly loan vide issued a cheque bearing No. 820670 dated
27.11.2018 for a sum of Rs.50,000/- drawn on State Bank Of
India, Sultanpuri, Delhi,, to the complainant. The said cheque
issued by accused and it was handed over to complainant. (Copy
of the said cheque is exhibited as CW 1/A)
6. That the cheque was presented but it was dishonored on account
of insufficient funds, when the complainant presented the said
cheque for encashment within its validity period with his banker
namely Axis Bank, Maharaja Agrasen complex, sector-5, Rohini,
Delhi and the same was returned unpaid vide bank memo dated
30.11.2018 with the reason “Insufficient Funds”. (copy of the
bank memo is exhibited as CW1/B.
7. That upon receipt of information of dishonour of the cheque the
complainant through his Advocate sent a statutory notice of
demand dated 08.12.2018 as envisaged under Section 138(b) of
Negotiable Instruments Act. The said notice dated 08.12.2018 was
sent at correct address mentioned above through Speed post
demanding him to make the payment within 15 days, (copy of the
notice is exhibited as CW1/C and copy of the postal receipt is
exhibited as CW1/D). but postal tracking report is not clear the
accused was presumed to have been served on 10.12.2018 when
the postal consignment had gone to the local post office of the
accused and the correct address of the accused is mentioned over
the postal envelop. (copy of the tracking report exhibited as
CW1/E).
8. That the accused has failed to make the said payment within the
stipulated period of 15 days as demand in the said notice.
9. That the complainant has complied with all the mandatory
provisions of the negotiable Instruments Act and complaint is well
within the period of limitation. (copy of the complainant is
exhibited as CW1/F) Which bears my signature at point “A”.
10. That the said notice in respect of the dishonor cheque demanding
the cheque amount was drawn at the office of counsel for the
complainant at Ch. No- 184-A, Tis Hazari Courts, New Delhi.
The said notice was sent from the Tis Hazari court postal counter.
Hence this Hon’ble Court has the jurisdiction to entertain the
present complaint.
11. That the cause of action has also arisen within the jurisdiction of
this Hon’ble Court can therefore, take cognizance of the offence
as committed by the accused.
DEPONENT
VERIFICATION
Verified at New Delhi on _____of January, 2019 that the contents of the
above affidavit are true and correct to my knowledge and no part of it is
false and nothing material has been concealed therefrom.
DEPONENT
IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE,
ROHINI COURT, DELHI
COMPLAINT NO. /2019
IN THE MATTER OF:-
Sachin … Complainant
Versus
SHER BAHADUR … Accused
U/s. 138, Negotiable Instruments Act, 1881
(As amended up to date)
AN APPLICATION UNDER SECTION 143A, NEGOTIABLE
INSTRUMENTS ACT, 1881, AS AMENDED UP TO DATE
SEEKING INTERIM COMPENSATION.
MOST RESPECTFULLY SHEWETH:-
1. That the accompanying Complaint has been filed by the
Complainant under Section 138, Negotiable Instruments Act,
1881, (as amended up to date) against the Accused on account
of dishonour of cheque for an amount of Rs.50,000/- (Rupees
Fifty Thousand only) issued by the Accused in favor of the
Complainant, which cheque returned as dishonored under
cheque return memo for the reasons “Funds Insufficient”.
2. That thereafter, despite issuance of Legal Notice dated
08.12.2018 for demand of Rs. 50,000/- (Rupees Fifty
Thousand only), the Accused has failed to make payment of the
subject-matter amount of the aforementioned dishonoured
cheque within the statutory period of 15 (fifteen) days. That, as
such, the Complainant was constrained to file the
accompanying Complaint under Section 138 of the Negotiable
Instruments Act, 1881 (as amended up to date).
3. That sum of Rs. 50,000/- (Rupees Fifty Thousand only) being a
substantial amount, the Complainant is likely to suffer from
great financial distress while pursuing the accompanying
Complaint without receiving any portion of the monies due and
payable to him by the Accused.
4. That, as such, the present application is being filed by the
Complainant seeking grant of interim compensation in terms of
Section 143A, Negotiable Instruments Act, 1881 (as amended
up to date) in favor of the Complainant to the extent of twenty
percent of the cheque amount i.e. Rs. 10,000/- during the
pendency of the accompanying Complaint.
5. That the Complainant has a prima facie case in her favor and is
likely to succeed in the accompanying Complaint.
6. That in the event that the present application is allowed, no
prejudice shall be caused to the Accused as the Complainant
undertakes to repay the subject-matter amount of the interim
compensation to the Accused in case of acquittal of the
Accused in the present case, as directed by this Hon’ble Court.
7. That in the event that the present application is not allowed, the
Complainant is likely to suffer great hardships and prejudice on
account of being out of the sum of Rs.50,000/-, which would
defeat the purpose and spirit of the provision of Section 143A,
Negotiable Instruments Act, 1881 (as amended up to date).
8. That the present application is filed bona fide and in the
interests of justice.
PRAYER
In the facts and circumstances aforesaid, it is most respectfully
prayed that this Hon’ble Court may kindly be pleased to:-
(a) Grant interim compensation of Rs. 10,000/- (Rupees Ten
Thousand only) in favor of the Complainant in terms of Section
143A, Negotiable Instruments Act, 1881, (as amended up to
date);
(b) Pass any further Order(s) as this Hon’ble Court may deem fit in
the facts and circumstances of the case.
COMPLAINANT
THROUGH
NEW DELHI
DATED:
(ACHLA VASHISHTH & SHREY KUNDU)
Advocates
Chamber No. 184-A, First Floor,
Western Wing, Tis Hazari Courts,
Delhi-110054
IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE,
ROHINI COURT, DELHI
COMPLAINT NO. /2019
IN THE MATTER OF:-
SACHIN … Complainant
Versus
SHER BAHADUR … Accused
AFFIDAVIT
I, Sachin S/o Sh. Krishan R/o H. No. 616, PanaBichla, Barahi,
Distt.- Jhajjar, Haryana-124505, also at C-337/338, Second Floor,
Sector-1, Avantika, Rohini, Delhi-110085, aged about 21 years,
do hereby solemnly affirm and declare as under:-
1. That I am the Complainant in the present complaint and am well
conversant with the facts and circumstances of the case and
competent to swear and affirm the present Affidavit.
2. That I have read and understood the contents of the accompanying
application and state that the same are true and correct to the best
of my knowledge and belief.
DEPONENT
VERIFICATION:
Verified at New Delhi on the ____of January 2019 that the contents of
the above Affidavit are true and correct to my knowledge and belief. No
part of it is false and nothing material has been concealed therefrom.
DEPONENT
