IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE,

TIS HAZARI COURTS, DELHI.

CRIMINAL COMPLAINT NO. ______ OF 2019.

IN THE MATTER OF:-

_________________________________    : COMPLAINANT

VERSUS

_________________________                 : ACCUSED

(P.S. Lahori Gate)

I N D E X

S.No.                PARTICULARS                        PAGES    

1.     MEMO OF PARTIES.                                       

2.     COMPLAINT UNDER SECTION 138                 

OF N.I.ACT, 1881

3.     AFFIDAVIT IN SUPPORT.                                

4.     LIST OF WITNESSES.                                     

5.     LIST OF DOCUMENTS.                                   

6.     VAKALTNAMA.                                                

7.     EVIDENCE BY WAY OF AFFIDAVIT.

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COMPLAINANT

DELHI

DATED:           THROUGH

___________________

ADVOCATE

Ch. __________________,

Delhi-110054

IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE,

TIS HAZARI COURTS, DELHI.

CRIMINAL COMPLAINT NO. ______ OF 2019.

IN THE MATTER OF:-

M/S. _____________________________  : COMPLAINANT

VERSUS

___________________________                      : ACCUSED

(P.S. Lahori Gate)

MEMO OF PARTIES

____________________                                 : COMPLAINANT

VERSUS

_____________________                               : ACCUSED

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COMPLAINANT

DELHI

DATED:

THROUGH

________________________

ADVOCATE

Ch.__________________,

_____________________,

Delhi-110054.

IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE,

TIS HAZARI COURTS, DELHI.

CRIMINAL COMPLAINT NO. ______ OF 2019.

IN THE MATTER OF:-

___________________________________

______________                                          : COMPLAINANT

VERSUS

_____________________                       : ACCUSED

(P.S. Lahori Gate)

COMPLAINT UNDER SECTION 138 & 142 OF THE NEGOTIABLE INSTRUMENTS ACT, 1881 AS AMENDED BY ACT 66 OF 1988 FOR DISHONOUR OF CHEQUE BEARING NO. __________ DATED ___________ AMOUNT OF RS________/- DRAWN ON PUNJAB & SIND BANK, BRANCH AT GURU HAR SAHAI, DISTRICT FEROZPUR, PUNJAB -____ IN FAVOUR OF THE COMPLAINANT.

MOST RESPECTFULLY SHOWETH:-

THE FACTS LEADING TO THE FILING OF THE INSTANT COMPLAINT ARE AS FOLLOWS:-

1.          That the complainant is a engaged is business of commissioning and trading of grain and rice and other relating items and having a good reputation in the business circle.

2.          That the Accused had approached the Complainant to purchase / supply of 580 bags of rice and that the accused gave numerous positive assurances and representations to the Complainant that the payment will be timely released.

3.        That on the assurance of the accused, the complainant supply 580 bags of rice as per his order in respect of said order the complainant raised an bill of Rs._____/-- (_________) dated __________. It is pertinent to mention here that accused accepted the supply of bags of rice without any demur or protest as the said goods were of utmost quality and were in accordance with the requirements of Accused.

4.        That the accused made a part payment of Rs._______/- towards the above said bill through RTGS in _______ _________, Delhi in the account of the complainant on ______

5.        That it is pertinent to mention that subsequent to the goods being delivered to the Accused, along with the bill/invoice; the Complainant requested the Accused, numerous times to release the payment of the Due Amount, however, the Accused, by one way or the other kept putting the matter on one pretext or the other for the purpose of delaying / avoiding the payment of the Due Amount to the Complainant, and after numerous attempts made by the Complainant requesting the payment of the Due Amount, the Accused, in a discharge of part liability issued dated cheque in favor of the Complainant, which was drawn on Punjab & Sind Bank, Branch at __________. That the details of the subject cheque, which was issued in favor of the complainant are as follows:

6.          That while handing over the cheque to Complainant, accused categorically represented to Complainant that the cheque shall be duly encashed by his banker whenever presented for encashment to his banker. That Accused clearly represented at that time and gave impression and understanding to Complainant that the cheque would be honoured by the banker.

7.          That accordingly, the cheque in question was presented for encashment by Complainant through their bankers i.e. _____________. However, to the utter surprise of Complainant, the above-mentioned cheque was not honoured, it was returned dishonoured by Accused bankers and the said cheque was dishonoured with the remarks “Funds Insufficient”, vide banker’s memo dated __________ in the said cheque and information was conveyed to Complainant by its bankers.

8.          That after receiving back the cheque in question dishonoured, Complainant tried to contact Accused numerous times to apprise Accused about the factum of dishonouring of the cheque; however, Accused did not pay any heed on the request of Complainant and rather Accused put off the matter on one pretext or the other and thus the payment of the cheque amount are still due towards Accused.

9.          That the Complainant has been trying to contact the Accused, regularly and has been trying to meet his officials / representatives on several occasions, however, all such requests of the Complainant have gone in vain.

10.       That axiomatic facts emerged from the above clearly shows that Accused has cheated Complainant very cleverly with dishonest and malafide intention and ulterior motives and have committed the offences of cheating, breach of trust and under Section 138 of Negotiable Instrument Act, making himself liable not only for the double of the amount of the aforesaid cheques, compensation but also imprisonment for a term of upto extent of two years as provided under the Act besides the other offences committed as per provisions enumerated under the Penal Code of India.

11.       That the Complainant herein issued notice under Section 138, 142 of N.I. Act, 1881 dated _____ dispatched on __________ to the accused by registered speed post calling upon the Accused to make good the amount under the said cheques to the Complainant within 15 days of the receiving of the notice.

12.       That the Accused herein had issued the cheque fully knowing well that Accused does not have sufficient fund in his account with a view to cheat the Complainant herein thus attracting the provisions of Section 138 & 142 of the Negotiable Instruments Act, and Section 420 of the Indian Penal Code.

13.       That it is evident by the Accused conduct that even at the time of issuance of the cheque, Accused was having the malafide intention and Accused intentionally did not honor the payment of the said cheques and thus Accused had malafide and malicious intention even at the time of issuance of the cheque and thus Accused has caused wrongful loss to the Complainant and wrongful gains to himself, thereby committing an offence punishable under Section 420 of the Indian Penal Code.

14.       That the Accused has not made good the amount under the said cheque nor has the Accused bothered to reply to the notice issued by the Complainant herein. The Complainant is, therefore, filing this complaint under Section 138 & 142 of the Negotiable Instruments Act read with section 420 of I.P.C. for initiating criminal proceedings against the Accused herein.

15.       That this Hon'ble Court has jurisdiction to entertain the instant complaint in as much as the process of dishonour was committed in Delhi and within the area of this Court. That the Branch of the bank of the Complainant is located at __________ which comes within the jurisdiction of Police Station ________ which is situated within the jurisdiction of this Hon'ble Court.

16.       That this complaint is filed within the time stipulated by law in as much as the notice was dispatched on ______ and the same was received by the Accused on _____ and no payment was received and the present complaint is being filing within one month of expiry of the said grace period of _______

17.       That the Complainant has filed a list of all relevant documents which are in the power and possession of the Complainant. Complainant seeks liberty to file such other documents as may be find necessary at the subsequent stage of the proceedings.

18.       That the Complainant has filed a list of probable witnesses and reserves its right to file and additional list of witnesses if found necessary during the course of proceedings.

P R A Y E R

Wherefore it is prayed that this Hon'ble Court may be pleased to take cognizance of the complaint against the above named Accused under relevant provisions of law.

a)           Issue process against the Accused under the relevant provisions of Law;

b)           Initiate criminal proceedings against the Accused herein under the provisions of section 138, 141 & 142 of the Negotiable Instruments Act, 1881; and Section 420 of the Indian Penal Code;

c)           Pass appropriate order U/s 357 Cr. Pc. So that amount due to the Complainant under the cheques in dispute is paid to him, with interest up to date of actual payment;

d)           Direct the Accused to pay to the complainant twice the amount mentioned in the question;

e)           Pass such other and further orders as this Hon'ble Court may deem in the facts and circumstances of the case.

COMPLAINANT

DELHI

DATED:           THROUGH

___________________

ADVOCATE

Ch. _______________,

Delhi-110054.

IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE,

TIS HAZARI COURTS, DELHI.

CRIMINAL COMPLAINT NO. ______ OF 2019.

IN THE MATTER OF:-

_____________________________  : COMPLAINANT

VERSUS

________________________________              : ACCUSED

(P.S. ___________)

LIST OF WITNESSES

1.  Complainant itself.

2.  Concerned official of the Bank of Complainant’s Bank.

3.  Concerned official of the Bank of Accused’s Bank.

4.  Concerned officials of the Postal Department.

COMPLAINANT

DELHI

DATED:

THROUGH

_____________________

ADVOCATE

Ch. _______________,

Delhi-110054.

IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE,

TIS HAZARI COURTS, DELHI.

CRIMINAL COMPLAINT NO. ______ OF 2019.

IN THE MATTER OF:-

_____________________________  : COMPLAINANT

VERSUS

__________________________                       : ACCUSED

(P.S. Lahori Gate)

LIST OF DOCUMENTS

1.          Bills/Invoices / Ledger of Account.

2.          Cheque No. which is as follows :-

S.No.        CHEQUE No.     DATED              AMOUNT

3.          Bank Memo issued by the ____________, Branch Naya Bazar, Delhi, returning memo dated 14.08.2019 in the aforesaid cheque.

4.      Legal Notice dated _________ dispatched on __________ under Section 138 & 142 of the Negotiable Instrument Act, issued by the Counsel of the Complainant.

5.      Postal Receipt dated _______ of the Notice Dated __________ sent by the counsel for the Complainant and delivery report of the speed post.

COMPLAINANT

DELHI

DATED:                   THROUGH

_________________________

ADVOCATE

Ch. _______________,

Delhi-110054.

IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE,

TIS HAZARI COURTS, DELHI.

CRIMINAL COMPLAINT NO. ______ OF 2019.

IN THE MATTER OF:-

__________________________________: COMPLAINANT

VERSUS

_____________________               : ACCUSED

AFFIDAVIT

Affidavit of Mr. _____________, Proprietor of M/s. __________ Having Office at _______, Delhi-110006, do hereby solemnly affirm and declare as under: -

1.     That I am the Complainant (proprietor) in the above case and am thoroughly conversant with the facts and circumstances thereof and am competent to swear this affidavit.

2.     I say that Complainant has not filed any other case before any court under Section 138/142 of N.I. Act R/w Section 420 of IPC regarding dishonored cheque bearing No. _____ dated ______ amount of Rs.______/- drawn on ___________, Branch at ______, District Ferozpur , Punjab -_____.

                                                                        DEPONENT

VERIFICATION :-

Verified at Delhi on this ___, day of October, 2019 that the contents of above affidavit are true and correct to my knowledge, no part of it is false and nothing material has been concealed therefrom.

                                                               DEPONENT

IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE,

TIS HAZARI COURTS, DELHI.

CRIMINAL COMPLAINT NO. ______ OF 2019.

IN THE MATTER OF: -

_________________________________    : COMPLAINANT

VERSUS

_____________________                       : ACCUSED

AFFIDAVIT OF EVIDENCE BY WAY OF THE COMPLAINANT

Affidavit of Mr. __________, Proprietor of M/s. _____________ Having Office _______, Delhi-110006, do hereby solemnly affirm and declare as under: -

1.          That I am the Proprietor of the Complainant firm in the above case and am thoroughly conversant with the facts and circumstances thereof and am competent to swear this affidavit.

2.          That the deponent is an engaged is business of commissioning and trading of grain and rice and other relating items and having a good reputation in the business circle.

3.          That the Accused had approached the deponent to purchase / supply of 580 bags of rice and that the accused gave numerous positive assurances and representations to the deponent that the payment will be timely released.

4.        That on the assurance of the accused, the deponent supply ____ bags of rice as per his order in respect of said order the deponent raised a bill of Rs._________/- (________) dated ______. It is pertinent to mention here that accused accepted the supply of bags of rice without any demur or protest as the said goods were of utmost quality and were in accordance with the requirements of Accused. Bill/Invoice / ledger of accounts are Ex.Cw1/1 (colly)

5.        That the accused made a part payment of Rs. _____/- towards the above said bill through RTGS in _________Bank, ________, ____ in the account of the deponent on ______.

6.        That it is pertinent to mention that subsequent to the goods being delivered to the Accused, along with the bill/invoice; the deponent requested the Accused, numerous times to release the payment of the Due Amount, however, the Accused, by one way or the other kept putting the matter on one pretext or the other for the purpose of delaying / avoiding the payment of the Due Amount to the deponent, and after numerous attempts made by the deponent requesting the payment of the Due Amount, the Accused, in a discharge of part liability issued dated cheque in favor of the deponent, which was drawn on Punjab & Sind Bank, Branch at ____________, Punjab -152021. That the details of the subject cheque, which was issued in favor of the deponent are as follows:

Cheque bearing no._____ dated ______ is Ex.Cw1/2.

7.          That while handing over the cheque to deponent, accused categorically represented to deponent that the cheque shall be duly encashed by his banker whenever presented for encashment to his banker. That Accused clearly represented at that time and gave impression and understanding to deponent that the cheque would be honoured by the banker.

8.          That accordingly, the cheque in question was presented for encashment by deponent through their bankers i.e. __________, Branch Naya Bazar, Delhi. However, to the utter surprise of deponent, the above-mentioned cheque was not honoured, it was returned dishonoured by Accused bankers and the said cheque was dishonoured with the remarks “Funds Insufficient”, vide banker’s memo dated _________ in the said cheque and information was conveyed to deponent by its bankers. Returning memo dated _________ is Ex.Cw1/3.

9.          That after receiving back the cheque in question dishonoured, deponent tried to contact accused numerous times to apprise accused about the factum of dishonouring of the cheque; however, accused did not pay any heed on the request of deponent and rather accused put off the matter on one pretext or the other and thus the payment of the cheques amount is still due towards accused.

10.       That the deponent has been trying to contact the accused, regularly and has been trying to meet his officials / representatives on several occasions, however, all such requests of the deponent have gone in vain.

11.       That axiomatic facts emerged from the above clearly shows that accused has cheated deponent very cleverly with dishonest and malafide intention and ulterior motives and have committed the offences of cheating, breach of trust and under Section 138 of Negotiable Instrument Act, making himself liable not only for the double of the amount of the aforesaid cheque, compensation but also imprisonment for a term of upto extent of two years as provided under the Act besides the other offences committed as per provisions enumerated under the Penal Code of India.

12.       That the deponent herein issued notice under Section 138, 142 of N.I. Act, 1881 dated ______ dispatched on ________ to the accused by registered speed post calling upon the Accused to make good the amount under the said cheque to the deponent within 15 days of the receiving of the notice. Legal notice dated _______ _is Ex.Cw1/4.

13.       That the accused herein had issued the cheque fully knowing well that he does not have sufficient fund in his account with a view to cheat the deponent herein thus attracting the provisions of Section 138 &142 of the Negotiable Instruments Act, and Section 420 of the Indian Penal Code.

14.       That it is evident by the accused conduct, it is clear that even at the time of issuance of the cheque, accused was having the malafide intention and accused intentionally did not honor the payment of the said cheque and thus accused had malafide and malicious intention even at the time of issuance of the cheques and thus accused has caused wrongful loss to the deponent and wrongful gains to himself, thereby committing an offence punishable under Section 420 of the Indian Penal Code.

15.       That the accused has not made good the amount under the said cheque nor has the accused bothered to reply to the notice issued by the deponent herein. The deponent is, therefore, filing this complaint under Section 138 & 142 of the Negotiable Instruments Act read with section 420 of I.P.C. for initiating criminal proceedings against the accused herein.

16.       That this Hon'ble Court has jurisdiction to entertain the instant complaint in as much as the process of dishonour was committed in Delhi and within the area of this Court. That the Branch of the bank of the deponent is located at _______ that comes within the jurisdiction of Police Station ____________ which is situated within the jurisdiction of this Hon'ble Court.

17.       That this complaint is filed within the time stipulated by law in as much as the notice was dispatched on __________ and the same was received by the Accused on ……..2019 and no payment was received and the present complaint is being filing within one month of expiry of the said grace period of 15 days. Postal Receipt dated _____ is Ex.Cw-1/5 and service report of said postal receipt is Ex.Cw-1/6.

18.       That it is submitted that the complaint filed by the deponent company is correct and the accused be tried and punished in accordance with the provisions of law by this Hon'ble Court.

19.       That the deponent above statement is true and correct.

                                                                        DEPONENT

VERIFICATION :-

        Verified at Delhi on this ­­_____ day of __________ that the contents of paras No.1 to 19 of my Evidence by way affidavit are true and correct to my knowledge; no part of it is false and nothing material has been concealed there from.

DEPONENT