Criminal Complaint of 138

IN THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS,
INDORE[M.P]
COMPLAINT NO 222 OF 2020
IN THE MATTER OF:
Mr.XYZ COMPLAINANT
VERSUS
Mr. ABC ACCUSED
POLICE STATION: SOTH TUKOGANJ
COMPLAINT UNDER SECTION 138 OF THE NEGOTIABLE

INSTRUMENTS ACT, 1881 (AS AMENDED UPTO DATE) FOR THE SUM
OF RS. 100000
MOST RESPECTFULLY SHOWETH:
1. That the Complainant is working as Engineer and is residing at beside high

court indore.
2. That the present complaint is being field by the complainant Mr.xyz to cause
appearance in this Hon'ble Court and to depose and conduct the proceedings.
3. That on 24th January the accused namely Mr. ABC had approached the
complainant personally and asked for a friendly loan of Rs. 1 lakh
4. That on 25th January complainant paid Rs. 1 lakh as friendly loan repayable
on demand.
5. That towards payment of amount of loan the accused issued Cheque No.
4458 Dated 2850/20for Rs. 1 lakh to the complainant. That in order to
discharge their above said liability and in accordance with the agreed terms
and conditions, the accused had issued Cheque No. 9999 Dated 25th January
2020 for Rs. 1,00,000/- .
6. The said cheque was issued from Account No. 852963741852 which is held
in the name of the accused. That the present complaint is based on the
dishonor of the above said cheque which was issued in discharge of a lawful
debt.
7. That at the time of handing over the above said cheque the accused had
assured the complainant that the said cheque will be honored/encashed on
presentation. Taking the above assurance/representation as true, the
complainant had accepted the above said cheque.
That on the basis of the assurances given by the accused, the complainant
presented the above said cheque with its bankers namely BANK OF INDIA
and was dishonored vide cheque return advice dated 5th MARCH issued by
the complainants bank. The aforesaid cheque was returned unpaid vide
returning memo dated 5TH OF MARCH with the remarks "FUNDS
INSUFFICIENT".
8. That the dishonor of the cheque clearly shows and establishes that the
accused did not intend to honor the amount under the said cheque.
9. That on account of the dishonor of the said cheque, the complainant had
served a legal notice dated 10TH March upon the Accused by way of
Registered Post vide Receipt No. 88596 dated 11 th March However, despite
service of notice, the accused has not taken any steps to liquidate his liability
and has failed to make balance payments to the complainant towards the
amount covered under the said cheque, within the statutory period of 15 days
or thereafter. Thus, the Accused has, therefore committed an offence within
the meaning of Section 138 and other sections of the amended provisions of
the Negotiable Instruments Act, 1881, for which he is liable to be prosecuted
and punished.
That the accused have failed to make payment against the said cheque which
has been done by them malafidely, intentionally and deliberately and
knowingly. That at the time of issuing the said cheques the accused were
fully aware that the said cheques will not be honored on presentation.
Therefore, the accused has dishonestly induced the complainant to advance a
sum of 1,00,000 /- (Rupees Only) fully knowing that he cannot repay the
said amount to the complainant.
10.That the accused is guilty offence under Section 138, Negotiable Instruments
Act and is also liable to be prosecuted under Section 420 of the Indian Penal
Code.
11.That in view of the facts and circumstances, the complainant has a cause of
action and right to file the present complaint. The cause of actions has arisen
in favour of the complainant when, on the expiry of the notice period, the
Accused has not come forward to pay the amount relating to the dishonored
cheques. The cause of action is still subsisting and continuing in nature.
12.That the cause of action has arisen at 17th as the cheques was issued at 25th of
januray, and the same was payable at 5th of march and was also dishonored
at 5th of march. Therefore this Hon'ble Court has jurisdiction to try and
adjudicate upon the present complaint.
13.That the complaint is well within limitation period prescribed under theAct:
i. Date of Dishonor 5th of march
th
ii. Date of Notice 11 march
iii. Date of filing Complaint 17th march
14.That a list of documents and list of witnesses are annexed with this
complaint.
PRAYER
It is, therefore, most respectfully prayed that this Hon'ble Court may be pleased to:
a. Summon, prosecute and punish the Accused and also direct the accused to
pay the amount as double to the amount covered under the said dishonored
cheques, under the provisions of Section 138 read with Section 142 of the
Negotiable Instruments Act,1881 as amended by the Negotiable Instrument
laws (Amended and Miscellaneous Provisions) Act, 2002. In accordance
with Section 357 of Code of Criminal Procedure 1974, out of the penalty
imposed, the Accused be ordered to compensate the Complainant to the
extent of Rs.1,00,000 and
b. Such other and further orders may be passed as may be deemed fit and
proper by this Hon'ble Court.
It is prayed accordingly.

PLACE:

DATED:
COMPLAINANT
THROUGH:
TYZ ADVOCATES.

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IN THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS,

COMPLAINT NO 222 OF 2020

IN THE MATTER OF:

Mr. ABC ACCUSED

POLICE STATION: SOTH TUKOGANJ

COMPLAINT UNDER SECTION 138 OF THE NEGOTIABLE

MOST RESPECTFULLY SHOWETH:

1. That the Complainant is working as Engineer and is residing at beside high

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