IN THE COURT OF LD. XXXXXXXXXX ; DIST. NEW DELHI; XXXXXXXX COURTS, NEW DELHI.

N.I.ACT COMPLAINT NO. ______ OF 2023.

IN THE MATTER OF:

XXXXXX                                                      : COMPLAINANT

VERSUS

XXXXXX                                                       : ACCUSEDS

PS – XXXXXX

INDEX

COMPLAINANT

XXXXXXXX

DATED                         THROUGH

XXXXXXXXX

ADVOCATES AND LEGAL CONSULTANTS

____________
_____________
______________

IN THE COURT OF LD. XXXXXXXXXXXXX ; DIST. NEW DELHI; XXXXXXX COURTS, NEW DELHI.

N.I.ACT COMPLAINT NO. ______ OF 2023.

IN THE MATTER OF:

XXXXXX                                                      : COMPLAINANT

VERSUS

XXXXXX                                                      : ACCUSEDS

PS – XXXXXX

MEMO OF PARTIES

XXXXXXXXX

Having its office at __

______________

______________

Through its AR / Director                            : COMPLAINANT

VERSUS

1.   XXXXXXXXXXXXX

_____________________
_____________________

Also At:

    __________________

2.   XXXXXXXXX

Director / Authorized Signatory

XXXXXXXXX

__________________

3.   XXXXXXXX

Director / Authorized Signatory

XXXXXXXX

__________________

4.   XXXXXXXX

Director / Authorized Signatory

XXXXXXXX

__________________                                       : ACCUSEDS

-------------------------------------------------------------------------------

COMPLAINANT

XXXXXX

DATED                         THROUGH

XXXXXXXXXXX

ADVOCATES AND LEGAL CONSULTANTS

________________
________________
________________

IN THE COURT OF LD. XXXXXXXXXXX; DIST. NEW DELHI; XXXXXXXX COURTS, NEW DELHI.

N.I.ACT COMPLAINT NO. ______ OF 2023.

IN THE MATTER OF:

XXXXXXXXXXXXXXXX

Having its office at _____,

_______________

Through its AR / Director                            : COMPLAINANT

VERSUS

1.   XXXXXXXX

___________________

Also At:

   ___________________

2.   XXXXXXXX

Director / Authorized Signatory

XXXXXXXX

___________________

3.   XXXXXXXX

Director / Authorized Signatory

XXXXXXXX

___________________

4.   XXXXXXXX

Director / Authorized Signatory

XXXXXXXX

__________________                                           : ACCUSEDS

PS – __________

COMPLAINT UNDER SECTION 138 READ WITH SECTION 141 AND 142 OF THE NEGOTIABLE INSTRUMENTS ACT, 1881 AS AMENDED TILL DATE.

MOST RESPECTFULLY SHOWETH:

1.            That the Complainant Company is a Private Limited Company duly incorporated under the Companies Act, 1956. That the Complainant Company enjoys high repute in its field of business and caters to clientage at the national and international market. Therefore, the Complainant is constrained to approach this Hon’ble Court.

2.            That the Complainant Company in the captioned complaint case is represented by the Authorized Representative Mr……………, AR / Director, who is duly authorized by the Complainant Company vide board resolution dated ……. That the said AR is duly conversant with the facts and circumstances of the captioned case, including all the transactions and communications as done with the accused.

3.            That the accused persons had contacted the Complainant raising numerous queries and seeking supply of several goods & services. That subsequent to numerous rounds of discussions between the parties, the accused persons placed orders upon the Complainant (seeking purchase/supply of XXXXXXXXXXXXX etc.) through purchase orders (P.O. bearing no. XXXXXXX dated __/__/__, P.O. bearing no. XXXXXXXXXX dated __/__/__, P.O. bearing no. XXXXXXXXX dated __/__/__), and accordingly the Complainant provided the accused persons with the required supplies, being as, where and when required by the accused persons and this being in accordance with and in lieu of the arrangement as decided and mutually agreed between the parties.

4.            That it is pertinent to mention herein that the supplies were provided by the Complainant to the accused persons in accordance with their specifications and satisfaction accordingly, furthermore, the accused persons had accepted and acknowledged the supplies provided by the Complainant without any protest or demur.

5.            That accordingly, in lieu of the supplies being provided by the Complainant to the accused persons with time the Complainant raised invoices (bearing no. XXXXXXXX dated 07.01.2023, XXXXXXXXXXXX dated __/__/__, XXXXXXXXX dated __/__/__, and XXXXXXXXX dated __/__/__) upon the accused persons seeking payment of the due and payable amount, and the said invoices were duly accepted by the accused persons without any protest or demur of any manner whatsoever. That in lieu of the invoices raised, the accused persons made part payments to the Complainant on a running basis, however, with time the accused persons started making defaults qua payment of the due amount. That the last payment was received by the Complainant from the accused persons on/around __/__/__, and after the same no payment whatsoever has been made to the Complainant despite numerous requests.

6.            That in lieu of the same with time there was (and is) a total due amount of around Rs. ________/- (INR ________________) (hereinafter to be referred to as the “Due Amount”) being payable by the accused persons to the Complainant however, despite numerous requests the accused persons had failed to make payment of the said due amount to the Complainant.

7.            That subsequent to numerous requests advanced by the Complainant to the accused persons seeking payment of the due amount, the accused persons assured the Complainant that the due amount shall be paid to the Complainant shortly, and further assured the Complainant that in lieu of/resulting out of the delayed payment by the accused persons an interest amount qua the delayed payment @ XX% p.a. shall be paid by the accused persons; this being payable in addition to the above said due amount.

8.            That with time the Complainant made numerous requests to the accused persons seeking payment and after numerous requests the accused persons on/around __/__/__ issued and handed over a cheque to the Complainant assuring thje Complainant that the said cheque as and when presented shall be duly honored. That the accused persons further assured the Complainant that the balance payment shall be made to the Complainant shortly. The details of the said cheque being handed over to the Complainant are as follows:-

9.            That accordingly, with time, the Complainant presented the above said cheque with its banker i.e. XXXX Bank, XXXXXX, however, to the utter shock of the Complainant the said cheque as and when presented was dishonored. That the accused persons had issued cheque to the Complainant which was dishonored as and when presented. That the said dishonored cheque was returned back to the Complainant with the remarks “Funds Insufficient” vide returning bankers’ memo dated __/__/__.

10.        That after receiving back the dishonored cheque in question, the Complainant tried to contact the accused persons numerous times to apprise the accused persons about the factum of dishonoring of the cheque and seeking payment of the due amount, however, the accused persons did not pay any heed on the requests of the Complainant and rather the accused persons put off the matter on one pretext or the other and thus the amount is still due.

11.      That it was to abrupt shudder of the Complainant that regardless of the fact that the goods and services of utmost quality were duly supplied/provided by the Complainant to the accused persons, on an urgent basis as and when requested; despite the same the accused persons chose to take a volte-face by not abiding by the terms and conditions mutually agreed between the parties.

12.        The Complainant apprised the Accused persons, about the factum of the dishonour of aforesaid cheques; however, the Accused persons, paid no heed to the requests of the Complainant. This shows his writ large malafide, as the cheques issued by the Accused has also stood dishonoured.

13.        That the Complainant has been trying to contact the Accused persons, regularly, however, all such requests of the Complainant have gone in vain. That axiomatic fact emerged from the above clearly shows that the Accused persons, have cheated the Complainant with dishonest and mala fide intentions as even prior to issuance of the cheque, the Accused persons, never had any intention to pay to the Complainant the complete due amount. Thus the Accused persons, have caused wrongful loss to the Complainant and wrongful gains to themselves, and have also committed offenses under Sections 406 and 420 of the Indian Penal Code, 1860.

14.        That on account of the malicious conduct of the Accused persons, the Complainant was constrained to issue a legal notice to the Accused. The Complainant Company served Legal Notice dated __/__/__ upon the Accused through their Counsel by speed post and by email.

15.        It is evidently clear from conduct of the Accused persons to dupe the Complainant. Thus, the Accused persons have caused wrongful loss to the Complainant and wrongful gains to themselves, and has also committed offenses under Section 406 and 420 of the Indian Penal Code, 1860.

16.        That till date the Complainant has been made to suffers huge financial losses and opportunities consequential due outstanding liability to the Accused persons.

17.        That this Hon’ble Court has the jurisdiction to entertain the instant complaint in as much as the Complainant company maintains its bank account with the XXXXX Bank, XXXXXXXX, where the cheque in question was presented for encashment and the same returned dishonoured, is within the territorial limits of P.S. XXXXXXX, New Delhi therefore, this Hon’ble Court has jurisdiction to take cognizance on the present complaint and adjudicate upon the same.

18.        That the present complaint is within the limitation period as prescribed under the Section 138 of the Negotiable Instruments Act, 1881 as the cheque in the question stood dishonoured on __/__/__, against which the Legal Notice dated __/__/__ was served upon the Accused on __/__/__, by Email and by speed post on __/__/__upon all the Accused persons. The period of statutory period of 15 days expired on __/__/__ (being calculated from __/__/__) and on __/__/__ (being calculated from __/__/__ speed post).

19.        That the Complainant 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 found necessary at the subsequent stage of the proceedings.

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

21.        That the Complainant reserves his right to initiate any other appropriate action under law against the Accused.

PRAYER

          It is therefore, most humbly prayed that this Hon’ble Court may be pleased to:

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

b)    Initiate criminal proceedings against the Accused persons herein under the provisions of Section 138 r/w 141 and 142 of the Negotiable Instruments Act, 1881; and Section 406 and 420 of the Indian Penal Code;

c)     Pass appropriate order U/s 357 of CrPC so that total outstanding due amount of around Rs. ____/- (INR _______________) due to the Complainant under the cheque in dispute is paid to him, with interest up to date of actual payment;

d)    Direct the Accused persons to pay to the Complainant twice the amount mentioned in the cheques in question; and

e)     Pass any such other order(s) as this Hon’ble Court may deem fit in the present facts and circumstances.

COMPLAINANT

XXXXXX

DATED                         THROUGH

XXXXXX

ADVOCATES AND LEGAL CONSULTANTS

__________
___________
____________

IN THE COURT OF LD. XXXXXXXXXXXXXXX ; DIST. NEW DELHI; XXXXXXX COURTS, XXXXXXX

N.I.ACT COMPLAINT NO. ______ OF 2023.

IN THE MATTER OF:

XXXXXXXX                                                : COMPLAINANT

VERSUS

XXXXXXXX                                                : ACCUSEDS

AFFIDAVIT

I, ___________ aged about ___ years, AR / Director of M/s. XXXXXXXXXXX having its office at XXXXXXXXXXXXXXX do hereby solemnly affirm and declare as hereunder:-

1.                 I say that I, the AR / Director of the Complainant Company in the above captioned matter and am well conversant with the facts and circumstances thereof, thus I’m competent to swear on this affidavit.

2.                 I say that the accompanying complaint U/s 138 r/w 141 & 142 of the Negotiable Instruments Act, 1881 has been drafted by my counsel under my instructions and the contents of the same have been read over and explained to me. After understanding the same, I say that the factual averments made therein are true and correct as per my knowledge and the legal averments made therein are based upon the legal advice received which I believe to be true.

3.                 I hereby declare that no other case has been filed before any Court U/s 138 r/w 141 &142 of the Negotiable Instruments Act, 1881 in respect of cheque bearing NO. XXXXXXX FOR AN AMOUNT OF RS._______/- DATED __/__/__ Drawn On XXXXXX Bank …………… Branch New Delhi.

DEPONENT

VERIFICATION:-

Verified at New Delhi on this ___ day of September, 2023 that the contents of my foregoing 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 LD. XXXXXXXXX; DIST. NEW DELHI; XXXXXXX COURTS, XXXXXXX.

N.I.ACT COMPLAINT NO. ______ OF 2023.

IN THE MATTER OF:

XXXXXXX                                                   : COMPLAINANT

VERSUS

XXXXXXX                                                   : ACCUSEDS

PS – _______

LIST OF WITNESSES

1.     Complainant himself

2.     Concerned official of the Bank of the Accused persons’ Bank

3.     Concerned official of the bank of the Complainant’s Bank

4.     Concerned officials of the Postal Department

5.     Any other witnesses who may be sought to be summoned.

COMPLAINANT

XXXXXX

DATED                         THROUGH

XXXXXXX

ADVOCATES AND LEGAL CONSULTANTS

__________
____________
_____________

IN THE COURT OF LD. XXXXXXXXXXXX ; DIST. NEW DELHI; XXXXXXXXX COURTS, XXXXX.

N.I.ACT COMPLAINT NO. ______ OF 2023.

IN THE MATTER OF:

XXXXX                                                         : COMPLAINANT

VERSUS

XXXXX                                                        : ACCUSEDS

PS – ______

LIST OF DOCUMENTS

1.             Board Resolution dated ……….

2.             Purchase Orders.

3.             Invoices / Ledger of Accounts.

4.             One cheque bearing no. XXXXXXX for an amount of Rs._____/- dated __/__/__ Drawn On XXXX Bank …………… Branch New Delhi.

5.             Returning Memo dated __/__/__ pertaining to the said cheque.

6.             Legal Notice dated __/__/__ and postal receipts along with proof of service.

7.             Any other document(s) as may be found necessary for the adjudication of the present complaint.

XXXXXXXX                                             COMPLAINANT

DATED                         THROUGH

XXXXXXX

ADVOCATES AND LEGAL CONSULTANTS

_____________
_____________
_____________

IN THE COURT OF LD. XXXXXXXXX ; DIST. NEW DELHI; XXXXXXX COURTS, XXXXXX.

N.I.ACT COMPLAINT NO. ______ OF 2023.

IN THE MATTER OF:

XXXXXXX                                                   : COMPLAINANT

VERSUS

XXXXXXX                                                   : ACCUSEDS

PRE-SUMMONING EVIDENCE BY WAY OF AFFIDAVIT

I, ___________ aged about ___ years, AR / Director of ____________ having its office at _________________, do hereby solemnly affirm and declare as hereunder:-

1.            I say that I, the AR / Director of the Complainant Company in the above captioned matter and am well conversant with the facts and circumstances thereof, thus I’m competent to swear on this affidavit.

2.            That the Deponent Company is a Private Limited Company duly incorporated under the Companies Act, 1956. That the Deponent Company enjoys high repute in its field of business and caters to clientage at the national and international market. Therefore, the Deponent is constrained to approach this Hon’ble Court.

3.            That the Deponent Company in the captioned complaint case is represented by the Authorized Representative Mr……………, AR / Director, who is duly authorized by the Deponent Company vide board resolution dated ……. That the said AR is duly conversant with the facts and circumstances of the captioned case, including all the transactions and communications as done with the accused. Board Resolution dated …….. is XXXXX.

4.            That the accused persons had contacted the Deponent raising numerous queries and seeking supply of several goods & services. That subsequent to numerous rounds of discussions between the parties, the accused persons placed orders upon the Deponent (seeking purchase/supply XXXXXXXXXXXXXXXXX etc.) through purchase orders (P.O. bearing no. XXXXXXX dated __/__/__, P.O. bearing no. XXXXXXXXX dated __/__/__, P.O. bearing no. XXXXXXXXX dated __/__/__), and accordingly the Deponent provided the accused persons with the required supplies, being as, where and when required by the accused persons and this being in accordance with and in lieu of the arrangement as decided and mutually agreed between the parties. Purchase Orders are XXXXXX.

5.            That the supplies were provided by the Deponent to the accused persons in accordance with their specifications and satisfaction accordingly, furthermore, the accused persons had accepted and acknowledged the supplies provided by the Deponent without any protest or demur.

6.            That accordingly, in lieu of the supplies being provided by the Deponent to the accused persons with time the Deponent raised invoices (bearing no. XXXXXXXXX dated __/__/__ XXXXXXX dated __/__/__, XXXXXXX  dated __/__/__, and XXXXXXX dated __/__/__) upon the accused persons seeking payment of the due and payable amount, and the said invoices were duly accepted by the accused persons without any protest or demur of any manner whatsoever. That in lieu of the invoices raised, the accused persons made part payments to the Deponent on a running basis, however, with time the accused persons started making defaults qua payment of the due amount. That the last payment was received by the Deponent from the accused persons on/around __/__/__, and after the same no payment whatsoever has been made to the Deponent despite numerous requests. Invoices / ledger of accounts are XXXXX .

7.            That in lieu of the same with time there was (and is) a total due amount of around Rs. _____/- (INR _____________) (hereinafter to be referred to as the “Due Amount”) being payable by the accused persons to the Deponent however, despite numerous requests the accused persons had failed to make payment of the said due amount to the Deponent.

8.            That subsequent to numerous requests advanced by the Deponent to the accused persons seeking payment of the due amount, the accused persons assured the Deponent that the due amount shall be paid to the Deponent shortly, and further assured the Deponent that in lieu of/resulting out of the delayed payment by the accused persons an interest amount qua the delayed payment @ XX% p.a. shall be paid by the accused persons; this being payable in addition to the above said due amount.

9.            That with time the Deponent made numerous requests to the accused persons seeking payment and after numerous requests the accused persons on/around __/__/__ issued and handed over a cheque to the Deponent assuring the Deponent that the said cheque as and when presented shall be duly honored. That the accused persons further assured the Deponent that the balance payment shall be made to the Deponent shortly. The details of the said cheque being handed over to the Complainant are as follows:-

Cheque bearing no.XXXXX dated __/__/__ is XXXXX.

10.        That accordingly, with time, the Deponent presented the above said cheque with its banker i.e. XXXXX Bank, XXXXXXXXX, however, to the utter shock of the Deponent the said cheque as and when presented was dishonored. That the accused persons had issued cheque to the Deponent which was dishonored as and when presented. That the said dishonored cheque was returned back to the Deponent with the remarks “Funds Insufficient” vide returning bankers’ memo dated __/__/__. Returning Memo dated __/__/__ is XXXXXX.

11.        That after receiving back the dishonored cheque in question, the Deponent tried to contact the accused persons numerous times to apprise the accused persons about the factum of dishonoring of the cheque and seeking payment of the due amount, however, the accused persons did not pay any heed on the requests of the Deponent and rather the accused persons put off the matter on one pretext or the other and thus the amount is still due.

12.        That it was to abrupt shudder of the Deponent that regardless of the fact that the goods and services of utmost quality were duly supplied/provided by the Deponent to the accused persons, on an urgent basis as and when requested; despite the same the accused persons chose to take a volte-face by not abiding by the terms and conditions mutually agreed between the parties.

13.        The Deponent apprised the Accused persons, about the factum of the dishonour of aforesaid cheques; however, the Accused persons, paid no heed to the requests of the Deponent. This shows his writ large malafide, as the cheques issued by the Accused has also stood dishonoured.

14.        That the Deponent has been trying to contact the Accused persons, regularly, however, all such requests of the Deponent has gone in vain. That axiomatic fact emerged from the above clearly shows that the Accused persons, have cheated the Deponent with dishonest and mala fide intentions as even prior to issuance of the cheque, the Accused persons, never had any intention to pay to the Deponent the complete due amount. Thus the Accused persons, have caused wrongful loss to the Deponent and wrongful gains to themselves, and have also committed offenses under Sections 406 and 420 of the Indian Penal Code, 1860.

15.        That on account of the malicious conduct of the Accused persons, the Deponent was constrained to issue a legal notice to the Accused. The Deponent Company served Legal Notice dated __/__/__ upon the Accused through their Counsel by speed post and by email. Legal Notice dated __/__/__ is XXXXXX. Postal Receipts and Proof of Services are XXXXX.

16.        It is evidently clear from conduct of the Accused persons to dupe the Deponent. Thus, the Accused persons have caused wrongful loss to the Deponent and wrongful gains to himself, and has also committed offenses under Section 406 and 420 of the Indian Penal Code, 1860.

17.        That till date the Deponent has been made to suffers huge financial losses and opportunities consequential due outstanding liability to the Accused persons.

18.        That the affidavit under section 65B of the Indian Evidence Act, 1872 on behalf of the Deponent is exhibited herewith as XXXXXXX.

DEPONENT

VERIFICATION:-

Verified at New Delhi on this ___ day of ___,__ that the contents of my foregoing 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 LD. XXXXXXXXXXXX; DIST. NEW DELHI; XXXXXXXX COURTS, XXXXXX.

N.I.ACT COMPLAINT NO. ______ OF 2023.

IN THE MATTER OF:

XXXXXX                                                     : COMPLAINANT

VERSUS

XXXXXX                                                     : ACCUSEDS

AFFIDAVIT UNDER SECTION 65B OF THE INDIAN EVIDENCE ACT, 1872

I, XXXXXX, aged about ____ years, having office at ________________ do hereby solemnly affirm and declare as hereunder:-

1.            I say that I, the deponent, am the counsel for the Complainant in the above captioned matter and have served the legal notice dated __/__/__ upon the Accused through regd. post and electronic modes. Thus I’m competent to swear on this affidavit.

2.            That I say that I took the printout of the following documents, as mentioned hereunder, from my personal laptop and printer, and which have been filed as exhibits along with the complaint; the details of which are as follows: -

3.            That the printout of the document at Sr. No. 1 is tracking report is downloaded from the website of the India Post Department; the document at Sr No. 2 are the email dated __/__/__ which are available on my email account being XXXXXXX . I say that my email account is under sole access and authority.

4.            That the abovementioned document has been taken out through the laptop and printer which have been in my possession, and which have been regularly used by me during that period. That during the said period I had lawful control over the use of the laptop, and it was working normally without any problem.

5.            That throughout the duration of the said period the laptop 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.

6.            That the said documents are computer printout which has been printed from my computer with the help of normal printer required in normal course to take printouts from the computer.

7.            That this certificate, therefore, in the facts and circumstances of the case, is sufficient compliance of Section 65B of the Evidence Act, 1872. The above hard copy / printout as taken out from the computer, therefore, can be treated as certified copy of the said document.

DEPONENT

VERIFICATION: -

          Verified on solemn affirmation at New Delhi on this ___ day of _____, 2023 that the contents of the foregoing affidavit are true and correct to my knowledge and based on the records maintained by the Complainant in its usual course of business, no part of it is false and nothing material has been concealed therefrom.

DEPONENT