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IN THE COURT OF CHIEF METROPOLITAN
MAGISTRATE,
TIS HAZARI COURTS, DELHI.
CRIMINAL COMPLAINT NO. ______ OF 2019.
_______________________ :
COMPLAINANT
_________________________ :
ACCUSED
(P.S. _____________)
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.
8. AFFIDAVIT
/ CERTIFICATE OF 65B
OF INDIAN
EVIDENCE ACT.
----------------------------------------------------------------------------
DELHI
ADVOCATES
______________________________
______________________,
New Delhi-110014
_______________
IN THE COURT OF CHIEF METROPOLITAN
MAGISTRATE,
TIS HAZARI COURTS, DELHI.
CRIMINAL COMPLAINT NO. ______ OF
2019.
________________________ : COMPLAINANT
_____________________________ : ACCUSED
(P.S. __________)
_______________________
________________,
Bahadurgarh-124507. : COMPLAINANT
_________________________,
Village Kailash-132001. : ACCUSED
----------------------------------------------------------------------------
DELHI
ADVOCATES
_________________________
_______________,
New Delhi-110014
_____________
IN THE COURT OF CHIEF METROPOLITAN
MAGISTRATE,
TIS HAZARI COURTS, DELHI.
CRIMINAL COMPLAINT NO. ______ OF
2019.
_______________________,
Bahadurgarh-124507. : COMPLAINANT
_____________________,
Village Kailash-132001. : ACCUSED
(P.S.
Punjabi Bagh)
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 _______, _________, ______, HARYANA-132001 BRANCH 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 firm is a Partnership
firm in the name and style of ________ (herein referred as “Complainant”) and is
engaged in the business of manufacturing and supplying of footwear to numerous
wholesalers, agents, distributors, shopkeepers, companies, firms etc., across
the country. Complainant accords topmost priority to the quality of goods
manufactured by it. Complainant enjoys high repute in the shoe industry and
caters to clientele at both national and domestic platform.
2.
That the Accused had approached the Complainant
to supply numerous goods and that the accused gave numerous positive assurances
and representations to the Complainant that the due payment will be timely
released.
3.
That the Accused in light of the
mutually agreed and accepted terms and conditions placed numerous orders and subsequently,
against such orders the Complainant supplied the required goods to the Accused
as per Accused specifications and satisfaction accordingly. It is pertinent to
mention here that Accused accepted the supply of goods without any demur or
protest as the said goods were of utmost quality and were in accordance with
the requirements of Accused.
4.
That it is pertinent to mention that in
lieu of the goods being supplied by the Complainant to the Accused; the Complainant
raised invoice(s) upon the Accused, requesting payment of the due amount and
such invoice(s) was duly accepted and acknowledged by the Accused. That it is
pertinent to mention that in lieu of the goods being supplied by the deponent,
the accused made part payments to the deponent on a running account basis.
5.
That the Complainant had completed the
order placed by the
Accused,
and had supplied the
Accused,
with the last delivery of the goods being requested. That the said shipment of
the goods was duly accepted by the Accused, without any protest or demur.
Subsequently, the total amount payable by the Accused, was/is Rupees _______/-
(INR _________) (hereinafter to be referred to as the “Due Amount”) along with interest being accumulated qua the late
payment.
6.
That it is pertinent to mention that
subsequent to the goods being delivered to the Accused, along with the invoices;
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 post-dated
cheque in favor of the Complainant, which was drawn on _______, _______, __________,
Haryana-132001 Branch. That the details of the subject cheque, which was issued
in favor of the complainant are as follows:
|
S. NO |
CHEQUE NO. |
DATE |
AMOUNT (INR) |
|
1. |
____________ |
___________ |
Rs.__________/- |
7.
That
while handing over the cheque to Complainant, accused categorically represented
to Complainant that the cheque shall be duly encashed by their banker whenever
presented for encashment to their banker. That Accused clearly represented at
that time and gave impression and understanding to Complainant that the cheque
would be honoured by the banker.
8.
That accordingly, the cheque in question
was presented for encashment by Complainant through their bankers i.e. ______, ________
New Delhi.
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.
9.
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.
10.
That
it was to abrupt shudder of the Complainant that regardless of the fact that
the goods of utmost quality were duly supplied by the Complainant as and when
requested by the Accused; despite the same, the Accused, chose to take a
volte-face by not abiding by the terms and conditions mutually agreed between
the parties.
11.
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.
12.
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.
13.
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.
14.
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.
15.
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.
16.
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.
17.
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 ________, New Delhi which comes within
the jurisdiction of Police Station __________,
New Delhi which is situated within the jurisdiction of this Hon'ble Court.
18.
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 15 days.
19.
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.
20.
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.
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.
DELHI
ADVOCATES
___________________________
______________________,
New Delhi-110014
_______________
IN THE COURT OF CHIEF METROPOLITAN
MAGISTRATE,
TIS HAZARI COURTS, DELHI.
CRIMINAL COMPLAINT NO. ______ OF
2019.
_______________________ : COMPLAINANT
___________________________
: ACCUSED
(P.S. __________)
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.
5. Any other witnesses who may be sought
to be summoned.
DELHI
ADVOCATES
____________________________
____________,
New Delhi-110014
____________
IN THE COURT OF CHIEF METROPOLITAN
MAGISTRATE,
TIS HAZARI COURTS, DELHI.
CRIMINAL COMPLAINT NO. ______ OF
2019.
______________________ : COMPLAINANT
_________________________________ : ACCUSED
(P.S. ______________)
1.
Copy of Authority
Letter dated ……………….
2.
Cheque No. which is as follows :-
|
1. |
__________ |
_________ |
Rs. _______/- |
3.
Bank Memo issued by the __________, ________ Branch New Delhi, returning memo dated ________ 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.
6. Copy of the Invoices along-with the Ledger Account.
7. Any
other witnesses with the permission of this Hon'ble Court at later stage.
DELHI
ADVOCATES
____________________
New Delhi-110014
IN THE COURT OF CHIEF METROPOLITAN
MAGISTRATE,
TIS HAZARI COURTS, DELHI.
CRIMINAL COMPLAINT NO. ______ OF
2019.
____________________ :
COMPLAINANT
__________________________ :
ACCUSED
AFFIDAVIT
Affidavit
of Mr. ________,
S/o _____ aged about ____ years and Partner of _______________,
Bahadurgarh-124507 (Haryana), presently at New Delhi, do hereby solemnly affirm and declare as under: -
1. That I am the Partner / Authorize
Representative 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. I say that Complainant Firm have 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 _______, _____, _______, Haryana-132001 Branch.
DEPONENT
VERIFICATION :-
Verified at Delhi on this ___, day of September, 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.
_______________________ : COMPLAINANT
________________________________ : ACCUSED
AFFIDAVIT
OF EVIDENCE BY WAY OF THE COMPLAINANT
Affidavit of Mr. _________, S/o Mr. _______
aged about ____ years and Partner of ________ having its office at _____________,
Bahadurgarh-124507 (Haryana), presently at New Delhi, do hereby solemnly affirm and
declare as under: -
1. That I am the Partner / Authorize
Representative / Authorize Signatory 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 firm is a partnership firm in the name and style of _________ Industries
and is engaged in the business of manufacturing and supplying of footwear to
numerous wholesalers, agents, distributors, shopkeepers, companies, firms etc.,
across the country. Deponent firm accords topmost priority to the quality of
goods manufactured by it. Deponent firm enjoys high repute in the shoe industry
and caters to clientele at both national and domestic platform.
3. That deponent aggrieved by the acts of the
accused has approached this Hon'ble Court for the redressal of his grievances.
That by virtue of Authority letter dated ………… Mr. __________ has been
authorized to file the present complaint against the accused. Authority Letter dated ………. is Ex.Cw-1/1.
4.
That the accused had approached the deponent
to supply numerous goods and that the accused gave numerous positive assurances
and representations to the deponent that the due payment will be timely
released.
5.
That the accused in light of the
mutually agreed and accepted terms and conditions placed numerous orders and
subsequently, against such orders the deponent supplied the required goods to
the accused as per accused specifications and satisfaction accordingly. It is
pertinent to mention here that without any demur or protest by the accused
accepted the goods supplied by the deponent as the said goods were of utmost
quality and were in accordance with their requirements.
6.
That it is pertinent to mention that in
lieu of the goods being supplied by the deponent to the accused; the deponent
raised invoice(s) upon the accused, requesting payment of the due amount and
such invoice(s) was duly accepted and acknowledged by the accused. That it is
pertinent to mention that in lieu of the goods being supplied by the deponent,
the accused made part payments to the deponent on a running account basis. Invoices / ledger of accounts are Ex.Cw1/2
(colly).
7.
That the deponent had completed the
order placed by the
accused,
and had supplied the
accused,
with the last delivery of the goods being requested. That the said shipment of
the goods was duly accepted by the accused, without any protest or demur.
Subsequently, the total amount payable by the accused, was/is Rupees __________/- (_____________) (hereinafter to be
referred to as the “Due Amount”)
along with interest being accumulated qua the late payment.
8.
That it is pertinent to mention that
subsequent to the goods being delivered to the accused, along with the
invoices; 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
post-dated cheque in favor of the
deponent, which was drawn on _________, _______, __________, Haryana-132001,
Branch. That the details of the subject cheque, which was issued in favor of
the deponent are as follows:
|
S. NO |
CHEQUE NO. |
DATE |
AMOUNT (INR) |
|
1. |
_________ |
__________ |
Rs.______/- |
Cheque bearing no. _________
dated __________ is Ex.Cw1/3.
9.
That
while handing over the cheque to deponent, accused categorically represented to deponent that the cheques shall be duly encashed by
their banker whenever presented for encashment to their banker. That accused
clearly represented at that time and gave impression and understanding to
complainant that the cheques would be honoured by the banker.
10.
That accordingly, the cheque in question
was presented for encashment by deponent through their bankers i.e. __________,
_______ Branch New 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 Memos dated _________ in the said cheque and
information was conveyed to deponent by its bankers. Returning memo dated ________ is Ex.Cw1/4.
11.
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.
12.
That
it was to abrupt shudder of the deponent that regardless of the fact that the
goods of utmost quality were duly supplied by the deponent
as and when requested by the
accused; despite the same, the accused, chose to take a volte-face by not
abiding by the terms and conditions mutually agreed between the parties.
13.
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.
14.
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.
15.
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 05.08.2019 is Ex.Cw1/5.
16.
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.
17.
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.
18.
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.
19.
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 ________,
New Delhi which is situated within the jurisdiction of this Hon'ble Court.
20.
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 15 days. Postal Receipt
dated __________ is Ex.Cw-1/6 and service report of said postal receipt is Ex.Cw-1/7.
21.
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.
22.
That
the deponent above statement is true and correct.
Verified at Delhi on this _____ day of
September, 2019 that the contents of paras No.1 to 22 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
IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE,
TIS HAZARI COURTS, DELHI.
CRIMINAL COMPLAINT NO. ______ OF
2019.
__________________________ : COMPLAINANT
______________________________ : ACCUSED
UNDER
SECTION 65B OF THE INDIAN EVIDENCE ACT, 1872
AFFIDAVIT OF MR. _________, S/O MR. __________
AGED ABOUT ______ YEARS AND PARTNER OF _________ HAVING ITS OFFICE AT _________,
BAHADURGARH-124507 (HARYANA), PRESENTLY AT NEW DELHI, DO HEREBY SOLEMNLY AFFIRM AND
DECLARE AS UNDER: -
1.
That
I am the Partner / Authorize Representative / Authorize Signatory of the
Complainant firm. I have been associated with the
complainant firm since the date of incorporation of the complainant firm.
2.
I took print outs the printouts of bills,
ledgers and invoices other documents filed along with the complaint.
3.
I say that the
documents as detailed above have been filed by the complainant as documents
filed along with the complaint.
4.
That the printouts
containing the above said information was produced / generated by the computer
which was regularly used by me during that period to receive, send and store
electronic mails for the said activities regularly carried on by me and during the
said period I had lawful control over the use of the computer.
5.
That the information
printed on the paper was regularly fed into the computer in my lawful custody
in the ordinary course of my personal and professional activities.
6.
That throughout the
duration of the said period the computer was operating properly and nothing
happened so as to affect the electronic record or the accuracy of its contents
and such records have not been manipulated or tampered with in any manner.
7.
That the information
contained in the electronic record is of such information as received by
electronic mail in the computer in the ordinary course of activities.
8.
That the computer
generated prints are electronic mails which are stored in my electronic mail
Inbox operated and controlled by me only and have been retrieved from the
computer in my lawful possession from my electronic mail ID.
9.
That the said documents
are computer printouts which have been printed from my computer with the help
of normal printer required in normal course to take printouts from the
computer.
10.
That this certificate
by way of affidavit, therefore, in the facts and circumstances of the case, is
sufficient compliance of Section 65B of the Evidence Act, 1872. The above hard
copies / print outs as taken out from the computer, therefore, can be treated
as certified copy of the emails.
DEPONENT
VERIFICATION
:-
Verified on solemn affirmation at
Delhi on this ___ day of September, 2019 that the contents of the foregoing
affidavit are true and correct to my knowledge and based on the records
maintained by the Plaintiff Company in its usual course of business, no part of
it is false and nothing material has been concealed therefrom.
DEPONENT
