IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE, XXXX COURTS, DIST. NORTH WEST; DELHI.

CRIMINAL COMPLAINT NO. ______ OF 2019.

IN THE MATTER OF :-

XXXX                                                         : COMPLAINANT

VERSUS

XXXX                 : ACCUSED

 (P.S.: xxxxx)

I N D E X

S.No.                   PARTICULARS                                        PAGES         

1.       MEMO OF PARTIES.                                                     A –

2.       COMPLAINT UNDER SECTION 138                           1 –

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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DELHI                                                                  COMPLAINANT

THROUGH

DATED

ADVOCATE

IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE, ROHINI COURTS, DIST. NORTH WEST; DELHI.

CRIMINAL COMPLAINT NO. ______ OF 2019.

IN THE MATTER OF :-

XXXX                                                         : COMPLAINANT

VERSUS

XXXX                           : ACCUSED

 (P.S.: xxxxx)

MEMO OF PARTIES

XXXX                                               : COMPLAINANT

VERSUS

XXXX                                                         : ACCUSED

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DELHI                                                                  COMPLAINANT

THROUGH

DATED

ADVOCATE

IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE, XXXX COURTS, DIST. NORTH WEST; DELHI.

CRIMINAL COMPLAINT NO. ______ OF 2019.

IN THE MATTER OF :-

XXXX                                                         : COMPLAINANT

VERSUS

XXXX                                     : ACCUSED

 (P.S.: xxxxxxxx)

COMPLAINT UNDER SECTION 138 & 142 OF THE NEGOTIABLE INSTRUMENTS ACT, 1881 AS AMENDED BY ACT 66 OF 1988 FOR DISHONOUR OF CHEQUE BEARING NO. XXXX DATED XX.XX.2019 AMOUNTING TO RS.2,00,00/- (RUPEES TWO LAKHS ONLY) DRAWN ON xxxxxxxxxx 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 peace loving and law abiding citizen of India. The complainant aggrieved by the acts of the accused has approached this Hon'ble Court for the redress of his grievances as meted to him by the accused.

2.       That the accused is an old acquaintance of the complainant and known to each other since last about 6 years and the accused knows this very well.

3.       That the accused was in dire needs of money and requested the complainant for a friendly loan of Rs.1,50,000/- in the month of June, 2014. The complainant considering old friendship and his repeated request somehow arranged and gave the accused a sum of Rs.1,50,000/- on XX.XX.2014 as desired and requested by the accused and the accused handed over a hand written acknowledgement and a signed cheque bearing no.XXX drawn on Canara Bank, Azadpur Branch Delhi to the complainant.

4.       That after passing the sufficient time (more than four years), the accused did not pay single penny, the complainant due to his bonafide needs and requirements requested for his money but the accused again and again seek time for making the payment of the loan amount. On the repeated requests of the complainant in the month of January, 2019 the accused came to the complainant and take the cheque back and filled the date XX.XX.2019 and amount of Rs.2 Lakhs including interest and handed over it to the complainant in discharge of his debts / liabilities towards the complainant. The details of the said cheque as under;-

S.NO.         CHEQUE NO.   DATED               AMOUNT

1.                 XXXXX                 XX.XX.2019         RS.2 LAKHS

5.       That even at the time of issuance of the cheque and while handing over the cheque to complainant, accused categorically represented to the 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.

6.       That the complainant within the validity of the aforesaid cheque, presented it for negotiation and crediting the proceeds thereof in his account through his banker i.e. XX Bank Ltd., xxxx, xxx. However, to the utter surprise of the complainant, the above mentioned cheque was not honored, it were returned dishonored by his banker and the said cheque was dishonored with the remarks “Account Dormant”, vide banker’s memo dated XX.XX.2019 and such information was conveyed to the complainant by its bankers. The complainant immediately inform the accused about the factum of the cheque and asked for making the payment of the aforesaid amount, but the accused did not make the payment of the aforesaid dishonored cheque amount.

7.       That after receiving back the cheque in question dishonored, the complainant tried to contact accused number of times to apprise accused about the factum of dishonoring of the cheque; however, accused all did not pay any heed on the request of the complainant and rather accused put off the matter on one pretext or the other and thus the payment of the cheque amount is still due towards accused.

8.       That the accused dealt with the complainant and handed over the cheque in discharge of the liability and it appears that since inception the accused has misrepresented the complainant with dishonest intentions on several aspects for which the complainant reserves his right to initiate separate action as warranted under law.

9.       That axiomatic facts emerged from the above clearly shows that accused has cheated the 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 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.

10.     That the complainant herein issued notice under Section 138, 142 of N.I.Act, 1881 dated XX.XX.2019 dispatched on XX.XX.2019 to the accused by registered post calling upon the accused to make good the amount under the said cheque to the complainant within 15 days of the receiving of the notice.

11.      That the accused herein had issued the cheque fully knowing well that he does not have sufficient fund in their 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.

12.     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 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.

13.     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, 141 & 142 of the Negotiable Instruments Act read with Section 420 of I.P.C. for initiating criminal proceedings against the accused herein.

14.     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. The Branch of the bank of the complainant is located at xxxxx i.e. Police Station xxxx which is situated within the jurisdiction of this Hon'ble Court.

15.     That this complaint is filed within the time stipulated by law in as much as the notice was dispatched on XX.XX.2019 and the notice was duly served on XX.XX.2019 as per the tracking report of India Post and no payment was received within the next 15 days and the present complaint is being filing within one month of expiry of the said grace period of 15 days.

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

17.     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 accused above named under relevant provisions of law.

1.               Issue process against the accused under the relevant provisions of Law.

2.              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.

3.              Direct the accused to pay to the complainant twice the amount mentioned in the question.

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

DELHI                                                                  COMPLAINANT

THROUGH

DATED

ADVOCATE

IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE, XXXX COURTS, DIST. NORTH WEST; DELHI.

CRIMINAL COMPLAINT NO. ______ OF 2019.

IN THE MATTER OF :-

XXXX                                                         : COMPLAINANT

VERSUS

XXXX                           : ACCUSED

 (P.S.: xxxxxx)

LIST OF WITNESSES

1.               Complainant himself.

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.

DELHI                                                                  COMPLAINANT

THROUGH

DATED

ADVOCATE

IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE, XXXX COURTS, DIST. NORTH WEST; DELHI.

CRIMINAL COMPLAINT NO. ______ OF 2019.

IN THE MATTER OF :-

XXXX                                                         : COMPLAINANT

VERSUS

XXXX                           : ACCUSED

 (P.S.: xxxxxxx)

LIST OF DOCUMENTS

1.          Acknowledgement / Receipt dated XX.XX.2014.

2.          Cheque No. which is as follows :-

S.No.         CHEQUE No.    DATED               AMOUNT

1.                     XXXX                       XX.XX.2019           Rs.2,00,000/-

3.          Bank Memo issued by the Canara Bank, Azadpur, Branch Delhi returning memo dated XX.XX.2019 in the aforesaid cheque.

4.       Legal Notice dated XX.XX.2019 dispatched on XX.XX.2019 under Section 138, 141 & 142 of the Negotiable Instrument Act, 1881 r/w Section 420 of IPC issued by the Counsel of the Complainant.

5.       Postal Receipt dated XX.XX.2019 of the Notice Dated XX.XX.2019 sent by the counsel for the complainant and delivery report of the speed post.

6.              Any other documents with the permission of this Hon'ble Court at later stage.

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DELHI                                                                  COMPLAINANT

THROUGH

DATED

ADVOCATE

IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE, XXXX COURTS, DIST. NORTH WEST; DELHI.

CRIMINAL COMPLAINT NO. ______ OF 2019.

IN THE MATTER OF :-

XXXX                                                         : COMPLAINANT

VERSUS

XXXX                           : ACCUSED

AFFIDAVIT

Affidavit of Mr. XXX S/o Sh. XXX R/o XXX, Delhi-110033, do hereby solemnly affirm and declare as under :-

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

2.       That no any other case has not been filed before any court under Section 138/141 of N.I.Act r/w Section 420 of IPC regarding cheque bearing no.  XXXX amount of Rs. 2,00,000/- dated XX.XX.2019 drawn on Canara Bank, Azadpur Branch Delhi-110033.

DEPONENT

VERIFICATION :-

Verified at Delhi on this ___, day of March, 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, XXXX COURTS, DIST. NORTH WEST; DELHI.

CRIMINAL COMPLAINT NO. ______ OF 2019.

IN THE MATTER OF :-

XXXX                                                         : COMPLAINANT

VERSUS

XXXX                           : ACCUSED

AFFIDAVIT OF EVIDENCE BY WAY OF THE COMPLAINANT

Affidavit of Mr. XXX S/o Sh. XXX R/o XXX, Delhi-110033, do hereby solemnly affirm and declare as under :-

1.       That I am the complainant 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 peace loving and law abiding citizen of India. The deponent aggrieved by the acts of the accused has approached this Hon'ble Court for the redress of his grievances as meted to him by the accused persons.

3.       That the accused is an old acquaintance of the deponent and known to each other since last about 6 years and the accused knows this very well.

4.       That the accused was in dire needs of money and requested the deponent for a friendly loan of Rs.1,50,000/- in the month of June, 2014. The deponent considering old friendship and his repeated request somehow arranged and gave the accused a sum of Rs.1,50,000/- on XX.XX.2014 as desired and requested by the accused and the accused handed over a hand written acknowledgement and a signed cheque bearing no.XXXXX drawn on Canara Bank, Azadpur Branch Delhi to the deponent. Acknowledgment / Receipt dated XX.XX.2014 is Ex.Cw1/1.

4.          That after passing the sufficient time (more than four years), the accused did not pay single penny, the deponent due to his bonafide needs and requirements requested for his money but the accused again and again seek time for making the payment of the loan amount. On the repeated requests of the deponent in the month of January, 2019 the accused came to the deponent and take the cheque back and filled the date XX.XX.2019 and amount of Rs.2 Lakhs including interest and handed over it to the deponent in discharge of his debts / liabilities towards the deponent. The details of the said cheque as under;-

S.NO.         CHEQUE NO.   DATED               AMOUNT

1.                 XXXX                   XX.XX.2019                   Rs.2 Lakhs

Cheque bearing no.XXXXX dated XX.XX.2019 is Ex.Cw1/2.

6.       That even at the time of issuance of the cheque and while handing over the cheque to deponent, accused categorically represented to the deponent 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 deponent that the cheque would be honoured by the banker.

7.       That the deponent within the validity of the aforesaid cheque, presented it for negotiation and crediting the proceeds thereof in his account through his banker i.e. Axis Bank Ltd., xxxx, Delhi. However, to the utter surprise of the deponent, the above mentioned cheque was not honored, it were returned dishonored by his banker and the said cheque was dishonored with the remarks “Account Dormant”, vide banker’s memo dated XX.XX.2019 and such information was conveyed to the deponent by its bankers. The deponent immediately inform the accused about the factum of the cheque and asked for making the payment of the aforesaid amount, but the accused did not make the payment of the aforesaid dishonored cheque amount. Returning memo dated XX.XX.2019 is xxxxx

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

9.       That the accused dealt with the deponent and handed over the cheque in discharge of the liability and it appears that since inception the accused has misrepresented the deponent with dishonest intentions on several aspects for which the deponent reserves his right to initiate separate action as warranted under law.

10.     That axiomatic facts emerged from the above clearly shows that accused has cheated the 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.

11.      That the deponent herein issued notice under Section 138, 142 of N.I.Act, 1881 dated XX.XX.2019 dispatched on XX.XX.2019 to the accused by registered 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 XX.XX.2019 is xxxxx

12.     That the accused herein had issued the cheque fully knowing well that he does not have sufficient fund in their 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.

13.     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 cheque 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.

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 deponent herein. The deponent is, therefore, filing this complaint under Section 138, 141 & 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. The Branch of the bank of the deponent is located at xxxx i.e. Police Station xxxx 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 XX.XX.2019 and the notice was duly served on XX.XX.2019 as per the tracking report of India Post and no payment was received within the next 15 days and the present complaint is being filing within one month of expiry of the said grace period of 15 days. Postal Receipt is annexed as xxxx and tracking status of said postal receipt is xxxx

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

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

DEPONENT

VERIFICATION :-

          Verified at Delhi on this ­­_____ day of March, 2019 that the contents of paras No.1 to 18 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 therefrom.

DEPONENT