IN THE HON’BLE COURT OF Ld.

CHIEF METROPOLITAN MAGISTRATE,

CENTRAL, TIZ HAZARI, NEW DELHI

COMPLAINT CASE NO. of 2021

IN MATTER OF:

TOP MOTOCOMPONENTS PVT. LTD. …Complainant

(Formerly known as Motoplast Components)

Versus

M/s SANDHYA TRADING

(Through Proprietor/Signatory)
Sanjay Mohapatra …. Accused

P.S: Paharganj, New Delhi

INDEX

S.no Particulars PAGE

Nos.
1. Dates and Events 1
2. Memo of Parties 2
3. Complaint U/S 138 of N.I. Act 1881 R/W 3-8
CHAPTER XV OF CR.P.C 1973 & ALSO
R/W SECTION 117 NI ACT.
4. List of witnesses 9
5. List of documents 10-74
along with Original documents
6. Affidavit on behalf of 75-76
Complainant.
7. Evidence by way of Affidavit 77-81
8. Vakalatnama 82

Place: New Delhi

Date: ___/03/2021
PRASHANT SODHI
ADVOCATE
B-199 L.G.F, Lajpat Nagar-I
New Delhi-110024
E-mail: [email protected]
Mob: +91-8800598540

IN THE HON’BLE COURT OF Ld. CHIEF METROPOLITAN MAGISTRATE,

CENTRAL, TIZ HAZARI, NEW DELHI

COMPLAINT CASE NO. ……. OF 2021

IN MATTER OF:
 TOP MOTOCOMPONENTS PVT. LTD. …. Complainant
(Formerly known as Motoplast Components)

Versus

M/s SANDHYA TRADING

(Through Proprietor/Signatory)
Sanjay Mohapatra …. Accused
PS: Paharganj, New Delhi

LIST OF DATES & EVENTS

DATES EVENTS

23.03.2020 Accused person have issued cheque no. “113305” in Favour of

Top Motocomponents Pvt. Ltd. For Rs 5,00,000/- (Rupees Five
Lakh Only) drawn on Bank of India, Bhubaneshwar Branch,
Khurda, Orissa-751009.
18.06.2020 The Complainant presented the abovesaid cheque for
encashment with his banker ICICI Bank having its branch at
RPC, E-4, Jhandewalan Extension, Delhi – 110055, Delhi, India.
22.06.2020 The Complainant received information from his banker that
abovesaid cheque issued by accused persons was dishonored for
the reason “Payment stopped by drawer”.
21.07.2020 The Complainant got issued a combined legal demand notice to
accused person through his counsel sent through speed
post/Courier/E-mail to accused person have been served
successfully. The time of 15 days expired on 06.08.2020.
The Accused person after receiving the demand notice, did not
respond to the Complainant in any form regarding the said
cheque.

The Complainant has instituted the present complaint.

___.03.2021

Place: DELHI
Date: ___/03/2021
PRASHANT SODHI
ADVOCATE
B-199 L.G.F, Lajpat Nagar-I
New Delhi-110024
E-mail: [email protected]
Mob: +91-8800598540
IN THE HON’BLE COURT OF Ld. CHIEF METROPOLITAN MAGISTRATE,
CENTRAL, TIZ HAZARI, NEW DELHI

COMPLAINT CASE NO. of 2021

MEMO OF PARTIES
TOP MOTOCOMPONENTS PVT. LTD.
REGISTERED OFFICE:
Khasra No. 28/4, 2nd Floor
Old Delhi Gurgaon Road,
Opp-PWD Office, Samalkha,
New Delhi-110037 …. Complainant

Versus

SANDHYA TRADERS
Through Sanjay Mohapatra
(Proprietor/Signatory)
Plot No-123, 126, Nuasahi, Bhubaneshwar
Khordha, Odisha PIN CODE – 751010 …..Accused

Also at:

Plot No. 3797/11413 & 3796/11417 Prachivihar

Bankers Enclave, Bhubaneshwar -751010

Through

NEW DELHI
Dated: __.03.2021 PRASHANT SODHI
ADVOCATE
B-199 L.G.F, Lajpat Nagar-I
New Delhi-110024
E-mail: [email protected]
Mob: +91-8800598540

IN THE HON’BLE COURT OF Ld. CHIEF METROPOLITAN MAGISTRATE,

CENTRAL, TIZ HAZARI, NEW DELHI

COMPLAINT CASE NO. of 2021

IN MATTER OF:

TOP MOTOCOMPONENTS PVT. LTD. ……Complainant

 Versus

M/s SANDHYA TRADING

(Through Proprietor/Signatory)
Sanjay Mohapatra …. Accused

P.S: PAHARGUNJ
(NEW DELHI)

COMPLAINT UNDER SECTION 138 OF NEGOTIABLE INSTRUMENTS ACT

1881, AS AMENDED UPTO DATW AND R/W CHAPTER XV OF CR. PC 1973
AND ALSO R/W SECTION 117 N.I ACT

MOSTRESPECTFULLY SHOWETH:

1. That the complainant M/S Top Motocomponents Pvt. Ltd. (formerly known as

Motoplast Components) is a company incorporated under the provisions of

Companies Act,1956, having its registered office at Khasra No. 28/4, 2nd Floor, Old

Delhi Gurgaon Road, Opp-PWD Office, Samalkha, New Delhi-110037 and is

engaged in the business engaged in the business of manufacturing and trading of a

wide range of spare parts and accessories for two wheelers and three wheelers

under the trademark ‘TOP’ (hereinafter referred to as ‘Products’), since 1990.

2. The Complainant herein is being represented by Mr Kamlesh Kumar Pandey, who

is the Authorized Representative of the complainant company and has been duly

authorized vide board resolution passed in the meeting of board of directors to file,

dispose, prosecute and contest the present complaint by directors of the

complainant company.

3. That the complainant in due course of business maintains regular books of

accounts and invoices and invoices were issued against purchase of certain
 products made by the accused and the accused against the payment of the

abovementioned invoice issued cheque no. 113305 dated 23.03.2020 for INR

5,00,000/- and in accordance with the request made by accused, the complainant

deposited the said Cheque the complainant’s banker ICICI Bank ltd. RPC, E-4,

Jhandewalan Extension, Delhi – 110055, Delhi, Branch for encashment. However,

to the complainant utter shock and surprise, the said Cheques were dishonoured

and returned unpaid with the remark "Payment Stopped by Drawer", the details of

which as described hereunder.

4. That the accused in due discharge of lawful debt and liabilities towards the

complainant, issued Cheque No. 113305 dated 23.03.2020 for INR 5,00,000/-

(Rupees Five Lakhs Only) which was drawn on Bank of India, Bhubaneshwar

Branch, Orrisa, 751009, Orissa and assured the complainant regarding honouring

of the abovementioned cheques on its presentation.

5. That that the complainant presented the aforementioned cheque through his banker

ICICI Bank ltd. RPC, E-4, Jhandewalan Extension, Delhi – 110055, Delhi, cheque

no. 113305 was presented on 18.06.2020 however the cheque was returned unpaid

with the reason “PAYMENT STOPPED BY DRAWER” as the accused

instructed his bank to deny the payment. The information of said failure of

payment was conveyed to the Complainant vide cheque returning memo dated

22.06.2020 for cheque no. 113305.

6. That within a period of 30 days of receipt of the abovementioned information from

the bank relating to the return and dishonoring of the aforesaid cheques, the

complainant issued a statutory legal notice dated 16.07.2020 upon the accused. It

was also stated in the said notice that in case the payment is not received within the

stipulated time, the complainant shall be entitled to take legal action against the
 accused person under the provisions of the Negotiable Instruments Act, besides the

other provisions of Law.

7. That the Plaintiff prays before this Hon’ble Court for condoning the delay in filing

the complaint, considering the law as laid down u/s 142(b) of the Negotiable

Instruments Act, 1881 wherein the proviso it is stipulated that “provided that the

cognizance of a complaint may be taken by the Court after the prescribed period, if

the complainant satisfies the Court that he had sufficient cause for not making a

complaint within such period”.

8. Furthermore, the Supreme Court’s in its judgment in Birendra Prasad Sah v. State

of Bihar, (2019) 7 SCC 273 wherein it was held that cognizance of a complaint be

taken if the Complainant shows adequate and sufficient reasons for delay in

Complaint., and the reasons for such delay were stipulated in the complaint itself.

9. The reasons for the delay in filing of the Complaint within the prescribed period in

this instant case are as follows:

a. The Plaintiff was unable to file the present Complaint within the prescribed

limitation due to the extenuating circumstances caused by the COVID-19

pandemic. It is prayed that the cheque bounce occurred during an extremely

difficult financial time for the Plaintiff due to the prevailing lockdown which

was mandated by the Union Ministry of Home Affairs.

b. That the Plaintiff during the preceding and following months of the cheque

bounce was financially constrained and the continued functioning, the safety

of the employees and the resumption of production were prioritized over

engaging in a legal battle which would have resulted in an unnecessary

 financial burden on them. Simply put, the Plaintiff could not afford to

prioritize over the expenditure of a suit during the said tough period.

c. That the Plaintiff could not institute the Complaint due to the reasons

mentioned in ‘a’ and ‘b’ above and hence the delay. The Plaintiff earnestly

pleads before this Hon’ble court to condone the delay considering the above-

mentioned circumstances.

10.Hence, it is crystal clear that the accused persons have prima facie committed an

offence punishable U/s 138,141 and 142 of the Negotiable Instruments Act.

11.That the abovesaid cheque were issued in lieu of products purchased and against

which purchase Invoices were issued by the complainant to the accused.

12.That the abovesaid facts make it abundantly clear that the accused person has

mischievously and intentionally issued the aforesaid cheque with ulterior designs.

13.That on account of the above acts, the accused persons are liable to be prosecuted

under section 138 of Negotiable Instruments Act, 1881 (amended up to date) under

which the accused persons are liable to be punished with imprisonment for term

which may extend to twice the amount of the cheque or with both.

14.That the cause of action for filing present complaint case arose against the accused

persons on 21.07.2020 when the legal notice was served via Email and on

06.08.2020 on which the period of 15 days for making payment was expired. The

Cause action still subsisting against the accused persons as payment has not been

made despite service of legal notice.

15.That the present complaint is being filed within the period of limitation as cheque

in question was dishonored by the banker vide debit advice dated 22.06.2020,

statutory legal notice dated 16.07.2020 for demanding payment of the aforesaid

dishonored cheques was served to accused person on 21.07.2020 within period of

30 days from date of information of dishonoring of cheque. Hence, the

 complainant submits that he has filed the present complaint within period of

limitation i.e., as prescribed under law.

16.That the cheques in question were presented by the complainant with his banker

i.e., ICICI Bank ltd. RPC, E-4, Jhandewalan Extension, Delhi – 110055, Delhi,

India which falls within the territorial Jurisdiction of Police Station Paharganj,

New Delhi, thus the complainant submitted and prayed this court has Jurisdiction

to take cognizance of the offence committed by the accused persons.

PRAYER:

In view of the above facts and circumstances of the case as narrated herein

above, it is, therefore, most respectfully prayed that this Hon’ble Court may

graciously be pleased to:

a) Summon, prosecute and punish the accused in accordance with law as provided

U/S 138 R/W Section 142 of the Negotiable Instruments Act and besides the

cheque amount, the special compensation may be ordered to be awarded to the

Complainant equivalent to the cheque amount, in the interest of justice.

b) Pass necessary order(s) for the payment of compensation out of fine amount

U/s 357 Cr.P.C R/w section 117 of N.I Act to the complainant as follows:

Amount of dishonored cheque Rs.5,00,000/-

Legal Expenses Rs.1,00,000/-
Total Amount Rs.6,00,000 /-

c) Pass any other or further order(s) which this Hon’ble Court may deem fit in

favour of the complainant and against the accused persons.

COMPLAINANT
 (For Top Moto Components Pvt.

Ltd.)

Through Counsel

Place: NEW DELHI PRASHANT SODHI

Dated: __/03/2021 ADVOCATE
B-199 L.G.F, Lajpat Nagar-I
New Delhi-110024
E-mail: [email protected]
Mob: +91-8800598540

IN THE HON’BLE COURT OF Ld. CHIEF METROPOLITAN MAGISTRATE,

CENTRAL, TIZ HAZARI, NEW DELHI

COMPLAINT CASE NO. of 2021

IN MATTER OF:

TOP MOTOCOMPONENTS PVT. LTD. …..Complainant

 Versus

SANDHYA TRADERS
(Through Sanjay Mohapatra)
Proprietor/Signatory …..Accused

LIST OF WITNESSES

1. The Complainant.

2. Witness from the banker of the accused.

3. Witness from the banker of the complainant.

4. Postal authorities

Any other witness with the permission of this Hon’ble Court.

Complainant

(For Top Motocomponents Pvt. Ltd.)

Through

Place: NEW DELHI PRASHANT SODHI

Dated: __.03.2021
ADVOCATE
B-199 L.G.F, Lajpat Nagar-I
New Delhi-110024
E-mail: [email protected]
Mob: +91-8800598540

IN THE HON’BLE COURT OF Ld. CHIEF METROPOLITAN MAGISTRATE,

CENTRAL, TIZ HAZARI, NEW DELHI

Complaint case no. of 2021

IN MATTER OF:

TOP MOTOCOMPONENTS PVT. LTD. …..Complainant

 Versus
SANDHYA TRADERS
(Through Sanjay Mohapatra)
Proprietor/Signatory …..Accused

AFFIDAVIT

I, Kamlesh Kumar Pandey S/o Awadh Kishore Pandey aged about 46 years R/o 538,
Kotla Vihar, Phase-2, Tilang Pur Kotla, West Delhi, Delhi-110043, do hereby solemnly
affirm and declare as under: -

I, the above-named deponent do hereby solemnly affirm and declare as under: -

1. That the deponent is the authorized representative of the Complainant and he is

well conversant with the facts of the case and as such, he is competent to swear

this affidavit.

2. That contents of the accompanying complaint have been drafted by my counsel

under my instructions and I have gone through the same and I state that the

contents of the complaint are true and correct to the best of my knowledge.

3. I say that the Complainant has not filed any litigation or case against the

accused in respect of the cheque in question before any court of law, except the

present complaint.

4. That the deponent craves sleave of this court to read the contents of the

complaint as part and parcel of this affidavit as same are not repeated herein for

the sake of brevity.

Deponent
Verification:
Verified at Delhi on this___________ day that the contents of the above affidavit are true

and correct to my knowledge and belief and no part of it is false and nothing material has

been concealed therefrom.

Deponent
 IN THE HON’BLE COURT OF Ld. CHIEF METROPOLITAN MAGISTRATE,
CENTRAL, TIZ HAZARI, NEW DELHI

Complaint case no. of 2021

IN MATTER OF:

TOP MOTOCOMPONENTS PVT. LTD. …. Complainant

Versus

SANDHYA TRADERS
(Through Sanjay Mohapatra)
Proprietor/Signatory …..Accused

LIST OF DOCUMENTS

S.NO PARTICULARS PAGES

1. Board of Resolution of Top Motocomponents Pvt. 11
Ltd.
3. Copy of Invoices 12-59
5. Statement of the account ledger of the Defendant 60-63
maintained by the Complainant
6. Original Cheque 64
7. Check Return Memo from the Bank 65
8. Office Copy of the Legal Notice 66-69
9. Original Receipts from the postal department 70-71
10. Copy of the E-mail showing delivery of Notice 72-74

COMPLAINANT
(Top Moto Components. Ltd.)

Through Counsel

Place: NEW DELHI PRASHANT SODHI

Dated: __.03.2021 ADVOCATE
B-199 L.G.F, Lajpat Nagar-I
New Delhi-110024
E-mail: [email protected]
Mob: +91-8800598540