IN THE COURT OF LD. CHIEF METROPOLITAN MAGISTRATE,

TIS HAZARI COURTS, DELHI

CT. CASE NO. ……../2022

    IN THE MATTER OF:-

        XXXXXXXX                                                                                                                                                                                 …Complainant

Versus

        XXXXXXX                                                                                                                                                                                  ...Accused (S)

                                                                                                                                                                    INDEX

                                                                                                                                                                                                                                                                                                                                     COMPLAINANT

Through

         Date:

        New Delhi                                                                                                                                                                                                                                                                                        COUNSEL

                                                                                                                                                                                                                                                           ADDRESS:

                                                                                                                                                                                                                                                                                            EMAIL

IN THE COURT OF LD. CHIEF METROPOLITAN MAGISTRATE

TIS HAZARI COURT, CENTRAL DISTRICT, DELHI

CT. CASE NO. ……../XXXX

   IN THE MATTER OF:

     M/s XXXXXXXX                                                                                                                                        …Complainant

Versus

      XXXXXXXX                                                                                                                                              ...Accused (S)

MEMO OF PARTIES

XXX

Mr.XXX                                                                                                   …Complainant

                                                                             Versus

1. M/s XXXXXX

       Through

       Office At:

       East Delhi-

       Mob-

  2. Mr. XXXXXXX

      Office At:

      Mob-                                                                                                               …... Accused (S)

                                                                                                               Complainant

      New Delhi                                                                    Through

      Date:                                                                                                                                                                                                                                                                                                                                                                             Counsel

                                                                                                                                                 Address

                                                                                                                                              Mob.

                                                                                                                                                    Email- 

IN THE COURT OF LD. CHIEF METROPOLITAN MAGISTRATE

TIS HAZARI COURT, CENTRAL DISTRICT, DELHI

CT. CASE NO. ……../20XX

       IN THE MATTER OF:

M/s XXXXXXXX                                                   

                                                                                     Through

 XXXXXXXXX                                                                                                            …Complainant

Versus

 M/s.XXXXXXX                                                                                                               ...Accused (S)

COMPLAINT U/S 138 READ WITH SECTION 142 OF THE NEGOTIABLE INSTRUMENT ACT, 1881

MOST RESPECTFULLY SHOWETH:-

        1.That complainant is carrying its business under the name and style “M/s XXXXX” at the address mentioned in memo of parties and complainant is dealing its business in all kinds of Fabrics. The copy of the Identity proof &     General     Power of Attorney in favour of authorized representative of Complainant is attached herewith ANNEXURE-C1 (Colly)

       2. That the accused no.1 is a trader and having its registered office by name and style “XXXXX” and accused no.2 is the Proprietor of the accused no.1.

      3.  That the accused(s) approached to the complainant for purchasing fabric materials and against valid and confirmed orders, the complainant supplied fabrics to the accused(s). The details for the invoices generated against orders are as follows:

YEAR : 20XX-20XX

Copies of the raised invoices are attached herewith as ANNEXURE- C2      (Colly).

              4   .   That the complainant supplied goods and raised invoices of work performed for payment and the accused(s) acknowledged the receipt of such invoices raised by the complainant. 

        5. That initially the accused(s) made payments on regular basis and gained confidence of the complainant but later on the accused(s) started avoiding payments of invoices raised against orders and goods supplied to the accused(s).  That there is total outstanding amount of, XXXXX and the     accused(s) didn’t not credit the payment to complainant in regard of above mentioned invoices.

        6.   That when complainant requested the accused(s) through telephonic calls & personal messengers to their office for release of the total outstanding payment, then the accused(s) handed over cheques i.e. cheque bearing no.“XXX”, dated-XXXXX and cheque bearing no.“XXX”, dated-XXXX of amount XXXX and cheque bearing number no.“XXXX”, dated-XXXX of amount Rs. XXXXX to the complainant for encashment as part payment of the total recoverable amount. The Original Copy of three cheques are attached herewith as ANNEXURE-C3 (Colly).

        7.   That when the Complainant presented all the three cheques in his bank XXX, Branch-XXXXX, Delhi, to his utter surprise of the said cheques got dishonoured and the complainant received the cheques with return memos dated-0X.XX.20XX, 0X.XX.20XX & XX.XX.20XX respectively mentioning the reason for dishonour as “FUNDS INSUFFICIENT”. The Copy of the cheque returned memos are attached herewith as ANNEXURE-C4 (Colly).

        8  That the complainant apprised the fate of the said cheques to the accused(s) and requested to make the payment but even after several reminders to the accused for making the payment against the dishonoured cheques i.e. cheque bearing no.“XXXXX”, dated-XXXX of amount Rs.XXXXX and cheque bearing no.“______”, dated-0X.X.20XX of amount Rs.X,00,000/-(XXX lakhs only) and cheque bearing number no.“553850”, dated-XX.X.20XX of amount Rs.X,00,000/-(XXXX lakhs only) but the accused gave no heed and avoided to make the payment in spite of several reminders.

            9.That thereafter the Complainant through his advocate sent legal notice of demand dated-XX.XX.XXXX to the known address of the accused(s) through speed post & whatsapp message from mobile number XXXXXXXX (Advocate XXXXXX mobile number) on mobile numbers i.e XXXXX for making the payment of cheques no.“XXXXX”, dated-XXXX of amount Rs.X,00,000/-(Rs. XXX lakhs only) and cheque bearing no.“XXXXX”, dated-XX.XX.XXXX of amount Rs.X,00,000/-(Rs. XXXX lakhs only) and cheque bearing number no.“XXXXX”, dated-XX.XX.XXXX of amount Rs.X,00,000/-(Rs. XXXX lakhs only) and the notice was sent to the known address and as per the tracking report, it was shown in tracking report “INSUFFICIENT ADDRESS” and the return envelops are attached and on the report available on envelops says “NO SUCH ON ADDRESS”. The copy of the legal notice dated-XX.XX.XXXX is annexed as ANNEXURE-C5 along with original copy of the postal receipt of the speed post dated-XX.XX.XXXX along with  WhatsApp screen shots, tracking reports, return envelops  are attached as ANNEXURE-C6 (COLLY).

        10.That the Complainant also filed one more complaint case earlier against the Accused for two other cheques of Rs.X,00,000/- each and the accused sent the reply dated-XX.XX.XXXX through his Counsel XXXXXXXX Associates, Advocates & Consultants and the reply & envelop is attached herewith as ANNEXURE-C7 (COLLY) and the other Complaint case is pending before Ms. XXXX, Ld. M.M, Tis Hazari Courts, Delhi. 

11.    That the accused neither replied the legal notice dated-XX.XX.XXXX sent to him by the counsel of the Complainant nor the accused returned the legally recoverable amount of the above said cheques to the complainant.

        12.That from above act and conduct of the accused, it is clear that the accused issued the said cheque with dishonest and fraudulent intention, and the accused(s) have intentionally deliberately issued the said cheques to the complainant in spite of the fact known to accused(s) that the said cheque(s) may not be honoured in favour of the Complainant., hence the accused(s) have also committed serious criminal offences of cheating, fraud, criminal breach of trust and other criminal offences punishable u/s 406,419,420 IPC therefore the complainant reserves his right to institute criminal cases against all accused in the court having proper jurisdiction.

        13. That the accused(s) thus legally liable to pay the legally recoverable amount of three cheques in question i.e. bearing no.“XXXXX”, dated-XX.XX.XXXX of amount Rs.X,00,000/-(Rs. XXX lakhs only) and cheque bearing no.“XXXXXXXX”, dated-XX.XX.XXXX of amount Rs.X,00,000/-(Rs. XXX lakhs only) and cheque bearing number no.“XXXXXXX”, dated-XX.XX.XXXX of amount Rs.X,00,000/-(Rs. XXXX lakhs only)  and the accused(s) are legally liable to be prosecuted with Criminal proceedings under Section 138, 139, 140, 141, 142 of NI Act, since the accused(s) are not paying the legally recoverable amount of the complainant without any just and sufficient reasons. 

        14. That the said intentional and willfull breach of the contract by the accused(s) is mala fide with guilty motive and the same also amounts to criminal breach of trust, cheating and fraud with complainant and also wrongfully withholding and enjoying the due and outstanding amount payable to complainant, which also amounts to serious Criminal offences and complainant also reserves its right to take appropriate Civil and Criminal proceedings against the accused(s).

 15.    That the Complainant’s bank account where the said cheques in question were dishonoured comes within the territorial Jurisdiction of this Hon’ble Court, hence this Hon’ble Court has jurisdiction to entertain the present complaint case and to take cognizance of offence.

16.  That the Complainant approached before this Hon’ble Court since this Hon’ble Court has the proper territorial Jurisdiction to entertain the present complaint.

PRAYER

It is therefore, most respectfully and humbly prayed before this Hon’ble Court that this Hon’ble Court, in the light of above mentioned facts and circumstances of the present case, may graciously be pleased to:-

1.   Summon, try and punish the accused for the offence committed U/s 138 read with section 141, 142 of the NI Act in the interest of justice.

2. Award compensation in favor of complainant as provided u/s. 117 of the NI Act in the interest of justice. 

    Give/award such other/further order which this Hon’ble Court may deem fit and proper in the light of above mentioned facts and circumstances of the present case in favour of the complaint and against the accused in the interest     of justice.

                                                                                                                                                                                         Complainant

Delhi                                                                                                           Through

                     Date:                                                                                                                                                                                                                                                                                              Counsel                                                                                                                                                                                                                           xxxxxxxxx                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             IN THE COURT OF LD. CHIEF METROPOLITAN MAGISTRATE,

TIS HAZARI COURTS, DELHI

CT. CASE NO. ……../2022

     IN THE MATTER OF:

        XXXXXXXX                                                                                                                             …Complainant

Versus

        XXXXXXX                                                                                                                             ...Accused (S)

AFFIDAVIT

Affidavit of XXXXX on behalf of the Complainant, Office At-XXXXX, the deponent, do hereby solemnly affirm and declare as under:-

        1.   That the deponent is the Power of Attorney holder of the complainant in the above mentioned case, filing the present complaint and well conversant with the facts and circumstances of the present case hence, competent to sign this affidavit.

2     2.   That the content of the accompanying complaint is drafted by counsel under the instructions of GPA Holder and all the legal averments are true and correct to my belief which is based on legal advice rendered and believed to be  correct.

3      3.   That I have gone through and understood the contents of the same, I say that the facts stated therein are true and correct to my knowledge.                                                                                                                                                                                                                                                                                                                     DEPONENT

                VERIFICATION        

    Verified at New Delhi on this __ day of __, XXXX that the content of the above affidavit are true and correct to my knowledge. No part of it is false and nothing material has been concealed there from.                                                                     

                                                                                                                                                                                                  DEPONENT

    IN THE COURT OF LD. CHIEF METROPOLITAN MAGISTRATE

TIS HAZARI COURT, CENTRAL DISTRICT, DELHI

CT. CASE NO. ……../XXXX

    IN THE MATTER OF:

XXXXXXXX                                                                                                                                                …Complainant

Versus

XXXXXXX                                                                                                                                                        ...Accused (S)

PRE SUMMONING EVIDENCE OF THE DEPONENT BY WAY OF  AFFIDAVIT

Affidavit of XXXX GPA holder on behalf of the Complainant, Office At- XXXXX. I the above named deponent do hereby solemnly affirm and declare as under:-

1.   I say that the Deponent is the Power of attorney holder of the complainant in the present matter and is well conversant with the facts and circumstances of this present complaint case and competent to depose this affidavit on oath. The copy of the Adhar Card of the deponent is exhibited as Ex-CW-1/1.

2.   I say that the complainant is carrying its business under the name and style “M/s XXXX” at the address mentioned in memo of parties and complainant is dealing its business in all kinds of fabrics. The copy of the Photocopy of General Power of Attorney in favour of the deponent is exhibited as Ex-CW-1/2.

3.   I say that the accused no.1 is a trader and having its registered office by name and style “M/s XXXXXX” and accused no.2 is the Proprietor of the accused no.1.

4.   I say that the accused(s) approached to the complainant for purchasing fabric materials and against valid and confirmed orders, the complainant supplied fabrics to the accused(s). The details for the invoices generated against orders are as follows:

YEAR : 20XX-20XX

Copies of the raised invoices are exhibited herewith as Ex-CW-1/3   (Colly).

5.   I say that the complainant supplied goods and raised invoices of work performed for payment and the accused(s) acknowledged the receipt of such invoices raised by complainant.

6.   I say that initially the accused(s) made payments on regular basis and gained confidence of complainant but later on the accused(s) started avoiding payments of invoices raised against orders and goods supplied to the accused(s). I further say that there is total outstanding amount of Rs.XX,XX,XXX/-(Rs. XXXXX lakhs XXXX thousands XXXXX hundred XXXX rupees only), and the accused(s) didn’t not credit the payment to complainant in regard of above mentioned invoices.

7.   I say that when complainant requested the accused(s) through telephonic calls & personal messengers to their office for release of the total outstanding payment, then the accused(s) handed over three cheques in question i.e. bearing no.“XXXXXX”, dated-XX.XX.XXXX of

amount Rs.X,00,000/-(Rs. XXX lakhs only) and cheque bearing no.“XXXXXX”, dated-XX.XX.XXXX of amount Rs.X,00,000/-(Rs. XXX lakhs only) and cheque bearing number no.“XXXXXX”, dated-XX.XX.XXXX of amount Rs.X,00,000/-(Rs. XXXXX lakhs only)  to the complainant for encashment as part payment of the total recoverable amount. The copy of the cheques is exhibited herewith as Ex-CW-1/4 (Colly).

8.   I say that when the complainant presented the said cheques in his bank ICICI Bank, Branch-Jhandewalan, Delhi, to his utter surprise the said cheques got dishonoured and the complainant received the cheques with cheque return memos dated-XX.XX.XXXX, XX.XX.XXXX & XX.XX.XXXX respectively mentioning the reason for dishonour as “FUND INSUFFICIENT”. The copy of the return memos are exhibited herewith as Ex-CW-1/5 (Colly).

9.   I say that the Complainant apprised the fate of the said cheques to the accused(s) and requested to make the payment but even after several reminder to the accused(s) for making the payment against the dishonoured cheques three cheques in question i.e. bearing no.“XXXXXX”, dated-XX.XX.XXXX of amount Rs.X,00,000/-(Rs. XXXX lakhs only) and cheque bearing no.“XXXXXX”, dated-XX.XX.XXXX of amount Rs.X,00,000/-(Rs. XXXX lakhs only) and cheque bearing number no.“XXXXXX”, dated-XX.XX.XXXX of amount Rs.X,00,000/-(Rs. XXXX lakhs only) but the accused(s) gave no heed and avoided to make the payment in spite of several reminders.

10.   I say that thereafter the complainant through his advocate sent the legal notice of demand dated-XX.XX.XXXX to the known address of the accused(s) through speed post & whatsapp message from mobile number XXXXXXXXXXX (Advocate XXXXXXXXXX mobile number) on mobile numbers i.e XXXXXX for making the payment of cheques no.“XXXXXX”, dated-XX.XX.XXXX of amount Rs.X,00,000/-(Rs. XXX lakhs only) and cheque bearing no.“XXXXXX”, dated-XX.XX.XXXX of amount Rs.X,00,000/-(Rs. XXXX lakhs only) and cheque bearing number no.“XXXXXX”, dated-XX.XX.XXXX of amount Rs.X,00,000/-(Rs. XXXX lakhs only) and the notice was sent to the known address and as per the tracking report, it was shown in tracking report “INSUFFICIENT ADDRESS” and the return envelops are attached and on the report available on envelops says “NO SUCH ON ADDRESS”. The copy of the legal notice dated-XX.XX.XXXX is annexed as ANNEXURE-C5 along with original copy of the postal receipt of the speed post dated-XX.XX.XXXX along with  whatsapp screen shots, tracking reports, return envelops  are attached as ANNEXURE-C6 (COLLY).

11.   That the Complainant also filed one more complaint case earlier against the Accused for two other cheques of Rs.X,00,000/- each and the accused sent the reply dated-XX.XX.XXXX through his Counsel XXXXX, Advocates & Consultants and the reply & envelop is attached herewith as Ex-CW-1/7 (COLLY) and the other Complaint case is pending before Ms.XXXXX, Ld. M.M, Tis Hazari Courts, Delhi. 

12.   I say that the accused neither replied the legal notice dated- XX.XX.XXXX sent to him by the counsel of the Complainant nor the accused(s) returned the legally recoverable amount of the above said cheque to the complainant.

13.   I say that from above act and conduct of the accused(s), it is clear that the accused(s) issued the said cheques three cheques in question i.e. bearing no.“XXXXXX”, dated-XX.XX.XXXX of amount Rs.X,00,000/-(Rs. XXXX lakhs only) and cheque bearing no.“XXXXXX”, dated-XX.XX.XXXX of amount Rs.X,00,000/-(Rs. XXX lakhs only) and cheque bearing number no.“XXXXXX”, dated-XX.XX.XXXX of amount Rs.X,00,000/-(Rs. XXXX lakhs only) with dishonest and fraudulent intention, and accused(s) have intentionally deliberately issued the said cheques to the complainant in spite of the fact known to accused(s) that the said cheques may not be honoured in favour of the Complainant, hence the accused(s) have also committed serious criminal offences of cheating, fraud, criminal breach of trust and other Criminal offences punishable U/s406,419,420 IPC therefore the complainant reserves his right to institute criminal cases against the accused(s) in the court having proper jurisdiction.

14.   I say that the accused(s) thus are legally liable to pay the legally recoverable amount of three cheques in question i.e. bearing no.“XXXXXX”, dated-XX.XX.XXXX of amount Rs.X,00,000/-(Rs. XXXX lakhs only) and cheque bearing no.“XXXXXX”, dated-XX.XX.XXXX of amount Rs.X,00,000/-(Rs. XXXX lakhs only) and cheque bearing number no.“XXXXXX”, dated-XX.XX.XXXX of amount Rs.X,00,000/-(Rs. XXXX lakhs only)  and the accused(s) are legally liable to be prosecuted with Criminal proceedings under Section 138, 139, 140, 141, 142 of NI Act, since the accused are not paying the legally recoverable amount of complainant without any just and sufficient reasons.

15. I say that the said intentional and will full breach of the contract by the accused(s) is mala fide with guilty motive and the same also amounts to criminal breach of trust, cheating and fraud with complainant and also wrongfully withholding and enjoying the due and outstanding amount payable to the complainant, which also amounts to serious Criminal offences and the complainant also reserves its right to take appropriate Civil and criminal proceedings against the accused(s).

16. I say that the complainant’s bank account where the said cheques in question was dishonoured comes within the territorial Jurisdiction of this Hon’ble Court, hence this Hon’ble Court has jurisdiction to entertain the present complaint and to take cognizance of offence.

17. I say that the complainant has come within the pecuniary Jurisdiction of this Hon’ble Court.

18. I say that I am not deposing falsely.

DEPONENT

VERIFICATION:-

Verified at Delhi on this     day of        , 2022 that all the contents of the above affidavit are true and correct to my knowledge and nothing material has been concealed therefrom.

DEPONENT

IN THE COURT OF LD. CHIEF METROPOLITAN MAGISTRATE

TIS HAZARI COURT, CENTRAL DISTRICT, DELHI

CT. CASE NO. ……../XXXX

     IN THE MATTER OF:-

XXXXXXXX                                                                                                                       …Complainant

Versus

XXXXXXX                                                                                                                                ...Accused (S)                                                                                                                    AFFIDAVIT OF NON FILING

Affidavit of XXXXXX on behalf of the Complainant, Office At-. I the above named deponent do hereby solemnly affirm and declare as under:

1.   That I am the Power of attorney holder of Complainant and I am well conversant with the facts of the case and competent to swear this affidavit.

2.   That I hereby state that no other complaint u/s 138 NI Act has been filed by the complainant against the accused in respect of the payment of three cheques in question i.e. bearing no.“XXXXXX”, dated-XX.XX.XXXX of amount Rs.X,00,000/-(Rs. XXXX lakhs only) and cheque bearing no.“XXXXXX”, dated-XX.XX.XXXX of amount Rs.X,00,000/-(Rs. XXXX lakhs only) and cheque bearing number no.“XXXXXX”, dated-XX.XX.XXXX of amount Rs.X,00,000/-(Rs. XXXX lakhs only)   nor any complaint relating to the said cheque is pending before any court of law.

3.   That above statement is true and correct.                                                                                                                                                                                                                                                                                           DEPONENT

       VERIFICATION

Verified at Delhi on this    day of   ,XXXX that the contents of the above affidavit are true and correct to the best of my knowledge and belief and nothing has been concealed there from.

                                                                                                                                                                                     DEPONENT