IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE,
ROHINI COURTS, NEW DELHI
CRIMINAL COMPLAINT NO._____ OF 2014
IN THE MATTER OF:
SHRI ABHAY KUMAR MISHRA
S/0 SHRI S.K. MISHRA
R/0 H.NO.C-91, GROUND FLOOR,
AVANTIKA SECTOR-1, ROHINI,
NEW DELHI-110085 …COMPLAINANT
VERSUS
SHRI ALOK BHARDWAJ
S/0 SHRI HARI PRASAD
R/0 H.NO.127, BALDEV PARK,
DELHI-110051
ALSO AT :
VILLAGE AND BLOCK HASAYAN
P.S. HASAYAN, DISTRICT HATHRAS,
(UTTAR PRADESH) …ACCUSED
P.S.: ________
COMPLAINT UNDER SECTION 138 OF THE
NEGOTIABLE INSTRUMENTS ACT
MOST RESPECTFULLY SHOWETH:
1. That the complainant is a peace loving and
law abiding citizen of India and
residing at the above given address.
2. That the accused and the complainant are
known to each other through a common
friend namely Pradeep Kumar and
developed healthy friendly relations
between the accused and the complainant.
3. That the accused approached to the
complainant in the month of May, 2013
and requested the complainant to give a
friendly loan of Rs.3,00,000/- (Rupees
Three Lakhs only) for his personal need
for a period of 01 year and the accused
promised to repay the said amount in the
month of May, 2014. The complainant
considering the need and urgency of the
accused, extended financial help of
Rs.3,00,000/- (Rupees Three Lakhs only)
to the accused.
4. That in the second week of June, 2014 the
complainant approached the accused
regarding the payment of friendly loan
amount which the accused has taken from
the complainant, the accused in
discharge of legal liability issued two
cheques bearing No.810459 dated
16.06.2014 amounting of Rs.2,00,000/-
(Rupees Two Lakhs only) and cheque
bearing No.810460 dated 16.06.2014
amounting of Rs.1,00,000/- (Rupees One
Lakh only), both drawn on HDFC BANK,
branch Ansal’s Fortune Arcade, K-Block,
Sector-18, Noida, (Uttar Pradesh).
5. That at the time of issuing the said
cheques, the accused assured the
complainant that the said cheques shall
be honoured at the time of presentation
for encashment.
6. That on the assurance of the accused, the
complainant presented the above said
cheques with his Banker i.e. STATE BANK
OF PATIALA, branch Karala, New Delhi,
for encashment but to the utter shock of
the complainant the said cheques
returned dishonoured with the remarks
“FUNDS INSUFFICIENT” vide their separate
returning memos dated 17.06.2014.
7. That the complainant again contacted the
accused and requested the accused to pay
the cheques amount in cash but this time
the accused did not pay any heed to the
request of the complainant and started
avoiding the complainant.
8. That the accused the above said addressee
has malafidely, dishonestly and
fraudulently issued the said cheques in
due discharge of his legal liability
knowingly fully well that the said
cheques shall not be cleared at the time
of presentation.
9. That the accused has committed an offence
under Section 138 of Negotiable
Instruments Act, 1881 as amended upto-
date for which the prescribed punishment
is with the imprisonment for a terms
which may extended to two years or with
fine which may extended to twice the
amount of the dishonoured cheque.
10. That the accused is liable to pay the
amount of dishonoured cheques as the
accused has failed to repay the said
loan amount within stipulated period.
11. That the complainant sent a legal notice
dated 24.06.2014 through his Counsel to
the accused at his above said both
addresses through Speed Post vide
Receipt bearing No.ED178176475IN and
No.ED178176484IN both dated 24.06.2014
for demanding the cheques amount. The
said legal notice dated 24.06.2014 has
been served upon the accused as
acknowledged by Internet delivery
reports of INDIA POST.
12. That despite receipt of legal notice dated
24/06/2014 demanding the payment of the
amount of the dishonoured cheques above
mentioned, the accused did not make the
payment of the cheque within the
prescribed period of 15 days from the
date of receipt of the notice, hence
that accused has committed an offence
punishable Under Section 138 of The
Negotiable Instrument Act, 1881 and also
committed an offence punishable under
Section 420 of the Indian Penal Code and
is liable to be prosecuted.
13. That the cheque was presented and
dishonoured at STATE BANK OF PATIALA,
branch Karala, New Delhi, within the
jurisdiction of this Hon’ble Court,
hence this Hon’ble Court has territorial
jurisdiction to try, entertain and
decide present complaint.
14. That the complainant has filed the
complaint well within the period of
limitation.
15. That no similar complaint has been filed
before this Hon’ble Court or any other
court of law on the same cause of action.
PRAYER
It is, therefore, most respectfully
prayed before this Hon’ble Court that:
(A) Accused may kindly be summoned, tried
and punished under The Provisions of
Negotiable Instruments Act, 1881 as
amended uptodate.
(B) Accused may kindly be directed to make
the payment of the double of the
cheque amount.
(C) Any other relief or relief(s) which
this Hon’ble Court may deem fit,
proper and just in favour of the
complainant and against the accused.
NEW DELHI:
DATED: /07/2014 COMPLAINANT
(ABHAY KUMAR MISHRA)
THROUGH
(LPS & ASSOCIATES)
ADVOCATES
CHAMBER NO.745,
ROHINI COURTS COMPLEX,
SECTOR-10, DWARKA,
NEW DELHI-110075
IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE,
ROHINI COURTS, NEW DELHI
CRIMINAL COMPLAINT NO._____ OF 2014
IN THE MATTER OF:
SHRI ABHAY KUMAR MISHRA …COMPLAINANT
VERSUS
SHRI ISHWAR SINGH …ACCUSED
AFFIDAVIT
I, ABHAY KUMAR MISHRA S/0 SHRI JAGDISH
SINGH, R/0 H.NO.RZ-82A, SHIV PARK, KAKROLA,
NEW DELHI-110078, do hereby solemnly affirm
and declare as under:
1. That I am the Deponent in the above said
case and well conversant with the facts
and circumstances of the case, as such
competent to swear the present
affidavit.
2. That the accompanying complaint Under
Section 138 N.I. Act has been drafted by
my Counsel under my instructions. I have
read over and gone through the contents
of the accompanying complaint which is
true and correct to the best of my
knowledge and belief. The contents of
the same may kindly be read as part and
parcel to this affidavit as the same
have not been repeated herein for the
sake of brevity.
3. That I have not filed any other or similar
complaint on the same cause of action
before this Hon’ble Court or any other
court of law.
DEPONENT
VERIFICATION:
Verified at NEW DELHI on this ____ day
of JULY, 2014 that the contents of my above
affidavit are true and correct to the best
of my knowledge and belief and nothing
material has been concealed therefrom.
DEPONENT
IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE,
ROHINI COURTS, NEW DELHI
CRIMINAL COMPLAINT NO._____ OF 2014
IN THE MATTER OF:
SHRI ABHAY KUMAR MISHRA …COMPLAINANT
VERSUS
SHRI ALOK BHARDWAJ …ACCUSED
LIST OF WITNESSES FILED BY COMPLAINANT
1. Complainant himself.
2. The Manager or Concerned Clerk of the
complainant Bank along with relevant
record.
3. The Manager or Concerned Clerk of the
accused Bank along with relevant record.
4. Any other witness/es with the prior
permission of this Hon’ble Court.
NEW DELHI:
DATED: /07/2014 COMPLAINANT
(ABHAY KUMAR MISHRA)
THROUGH
(LPS & ASSOCIATES)
ADVOCATES
IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE,
ROHINI COURTS, NEW DELHI
CRIMINAL COMPLAINT NO._____ OF 2014
IN THE MATTER OF:
SHRI ABHAY KUMAR MISHRA …COMPLAINANT
VERSUS
SHRI ALOK BHARDWAJ …ACCUSED
LIST OF DOCUMENTS FILED BY COMPLAINANT
1. Cheque No.810460 dated 16.06.2014
amounting of Rs.1,00,000/- (Rupees One
Lakh only), both drawn on HDFC BANK,
branch Ansal’s Fortune Arcade, K-Block,
Sector-18, Noida, (Uttar Pradesh)
2. Returning Memo dated 17/06/2014
3. Copy of Legal Notice dated 24/06/2014
4. Speed Post Receipt No.ED178176475IN and
No.ED178176484IN both dated 24.06.2014
5. Delivery reports Internet copy
6. Any other document/s with the permission
of this Hon’ble Court.
NEW DELHI
DATED: /07/2014 FILED BY:
(LPS & ASSOCIATES)
ADVOCATES
IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE,
ROHINI COURTS, NEW DELHI
CRIMINAL COMPLAINT NO._____ OF 2014
IN THE MATTER OF:
SHRI ABHAY KUMAR MISHRA …COMPLAINANT
VERSUS
SHRI ALOK BHARDWAJ …ACCUSED
EVIDENCE BY WAY OF AFFIDAVIT
I, ABHAY KUMAR MISHRA S/0 SHRI JAGDISH
SINGH, R/0 H.NO.RZ-82A, SHIV PARK, KAKROLA,
NEW DELHI-110078, do hereby solemnly affirm
and declare as under:
1. I say that the deponent is Complainant in
the above said case and well conversant
with the facts and circumstances of the
case, as such competent to swear present
affidavit.
2. I say that the deponent is a peace loving
and law abiding citizen of India and
residing at the above given address.
3. I say that the accused and the deponent
are known to each other through a common
friend namely Pradeep Kumar and
developed healthy friendly relations
between the accused and the complainant.
4. I say that the accused approached to the
deponent in the month of May, 2013 and
requested the deponent to give a
friendly loan of Rs.3,00,000/- (Rupees
Three Lakhs only) for his personal need
for a period of 01 year and the accused
promised to repay the said amount in the
month of May, 2014. The deponent
considering the need and urgency of the
accused, extended financial help of
Rs.3,00,000/- (Rupees Three Lakhs only)
to the accused.
5. That in the second week of June, 2014 the
deponent approached the accused
regarding the payment of friendly loan
amount which the accused has taken from
the deponent, the accused in discharge
of legal liability issued two cheques
bearing No.810459 dated 16.06.2014
amounting of Rs.2,00,000/-(Rupees Two
Lakhs only) and cheque bearing No.810460
dated 16.06.2014 amounting of
Rs.1,00,000/- (Rupees One Lakh only),
both drawn on HDFC BANK, branch Ansal’s
Fortune Arcade, K-Block, Sector-18,
Noida, (Uttar Pradesh). Cheques are
EXHIBITED AS CW1/A and CW1/B.
6. I say that the time of issuing the said
cheques, the accused assured the
deponent that the said cheques shall be
honoured at the time of presentation for
encashment.
7. I say that on the assurance of the
accused, the deponent presented the
above said cheques with his Banker i.e.
STATE BANK OF PATIALA, branch Karala,
New Delhi, for encashment but to the
utter shock of the deponent the said
cheques returned dishonoured with the
remarks “FUNDS INSUFFICIENT” vide their
separate returning memos dated
17.06.2014. Returning memos are
EXHIBITED AS CW1/C and CW1/D.
8. I say that the deponent again contacted
the accused and requested the accused to
pay the cheques amount in cash but this
time the accused did not pay any heed to
the request of the deponent and started
avoiding the deponent.
9. I say that the accused the above said
addressee has malafidely, dishonestly
and fraudulently issued the said cheques
in due discharge of his legal liability
knowingly fully well that the said
cheques shall not be cleared at the time
of presentation.
10. I say that the accused has committed an
offence under Section 138 of Negotiable
Instruments Act, 1881 as amended upto-
date for which the prescribed punishment
is with the imprisonment for a terms
which may extended to two years or with
fine which may extended to twice the
amount of the dishonoured cheque.
11. I say that the accused is liable to pay
the amount of dishonoured cheques as the
accused has failed to repay the said
loan amount within stipulated period.
12. I say that the deponent sent a legal
notice dated 24.06.2014 through his
Counsel to the accused at his above said
both addresses through Speed Post vide
Receipt bearing No.ED178176475IN and
No.ED178176484IN both dated 24.06.2014
for demanding the cheques amount. The
said legal notice dated 24.06.2014 has
been served upon the accused as
acknowledged by Internet delivery
reports of INDIA POST. Legal Notice is
EXHIBITED AS CW1/E. Speed Post Receipts
are EXHIBITED AS CW1/F and CW1/G.
Internet Delivery Reports of INDIA POST
are EXHIBITED AS CW1/H and CW1/I.
13. I say that despite receipt of legal notice
dated 24/06/2014 demanding the payment
of the amount of the dishonoured cheques
above mentioned, the accused did not
make the payment of the cheque within
the prescribed period of 15 days from
the date of receipt of the notice, hence
that accused has committed an offence
punishable Under Section 138 of The
Negotiable Instrument Act, 1881 and also
committed an offence punishable under
Section 420 of the Indian Penal Code and
is liable to be prosecuted.
14. I say that the deponent has filed the
complaint well within the period of
limitation.
15. I say that no similar complaint has been
filed before this Hon’ble Court or any
other court of law on the same cause of
action.
16. I say that I filed the complaint before
this Hon’ble Court which bears my
signature at POINT `A`. Complaint is
EXHIBITED AS CW1/J.
DEPONENT
VERIFICATION:
Verified at NEW DELHI on this ___ day
of JULY, 2014 that the contents of my above
affidavit are true and correct to the best
of my knowledge and belief and nothing
material has been concealed therefrom.
DEPONENT
IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE,
ROHINI COURTS, NEW DELHI
CRIMINAL COMPLAINT NO._____ OF 2014
IN THE MATTER OF:
SHRI ABHAY KUMAR MISHRA …COMPLAINANT
VERSUS
SHRI ALOK BHARDWAJ …ACCUSED
MEMO OF PARTIES
SHRI ABHAY KUMAR MISHRA
S/0 SHRI S.K. MISHRA
R/0 H.NO.C-91, GROUND FLOOR,
AVANTIKA SECTOR-1, ROHINI,
NEW DELHI-110085 …COMPLAINANT
VERSUS
SHRI ALOK BHARDWAJ
S/0 SHRI HARI PRASAD
R/0 H.NO.127, BALDEV PARK,
DELHI-110051
ALSO AT :
VILLAGE AND BLOCK HASAYAN
P.S. HASAYAN, DISTRICT HATHRAS,
(UTTAR PRADESH) …ACCUSED
NEW DELHI
DATED: /07/2014 FILED BY:
(LPS & ASSOCIATES)
ADVOCATES
CHAMBER NO.745,
ROHINI COURTS COMPLEX,
SECTOR-10, DWARKA,
NEW DELHI-110075
IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE,
ROHINI COURTS, NEW DELHI
CRIMINAL COMPLAINT NO._____ OF 2014
IN THE MATTER OF:
SHRI ABHAY KUMAR MISHRA …COMPLAINANT
VERSUS
SHRI ALOK BHARDWAJ …ACCUSED
INDEX
SL.NO. PARTICULARS PAGES C/FEE
1. MEMO OF PARTIES.
2. COMPLAINT U/S 138 OF
NEGOTIABLE INSTRUMENTS
ACT, 1881 ALONG WITH
AFFIDAVIT
3. LIST OF WITNESSES.
4. LIST OF DOCUMENTS ALONG
WITH DOCUMENTS
5. EVIDENCE BY WAY OF
AFFIDAVIT.
6. VAKALATNAMA
NEW DELHI
DATED: /07/2014 FILED BY:
(LPS & ASSOCIATES)
ADVOCATES
CHAMBER NO.745,
ROHINI COURTS COMPLEX,
SECTOR-10, DWARKA,
NEW DELHI-110075
CHECK – LIST
1. VALUATION OF RS.3,00,000/-
COMPLAINT
JURISDICTION.
2. NAME AND ADDRESS OF ABHAY KUMAR MISHRA
COMPLAINANT. S/0 SHRI S.K. MISHRA
R/0 HOUSE NO.C-91,
GROUND FLOOR,
AVANTIKA SECTOR-1,
ROHINI,
NEW DELHI-110085
3. NAME AND ADDRESS OF SHRI ALOK BHARDWAJ
THE ACCUSED. S/0 SHRI HARI PRASAD
R/0 H.NO.127, BALDEV
PARK,
DELHI-110051
ALSO AT :
VILLAGE AND BLOCK
HASAYAN
P.S. HASAYAN,
DISTRICT HATHRAS,
(UTTAR PRADESH)
4. ANY OTHER SIMILAR NO
CASE PENDING BEFORE
ANY COURT.
6. COURT FEE AFFIXED
