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IN THE COURT OF CHIEF JUDICIAL MAGISTRATE AT ALIGARH

Criminal Complaint No.____________of 2013

M/S AURA POWER V/S. BASANT KUMAR AGARWAL AND ORS.


U/s. 138, 141, N I Act, 1881 P/s. Quarsi, Aligarh

Statement U/s. 200 of Cr.P.C., 1973 of Complainant Shivank Garg Aged about 25 years, S/o Shri Rakesh Garg , Authorised partner , M/S Aura Power , R/o 3/104 Marris Road, Aligarh -202001, U. P. via Affidavit U/s. 145 of Negotiable Instruments Act, 1881 as amended up to date: Deponent hereby makes following statement on oath as under:

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That the Complainant, M/S Aura Power Aligarh, is a Partnership Firm having registered office at 3/104 Marris Road, Aligarh -202001, U. P. and engaged in business of distribution of batteries and UPS to retailers/sub dealers in the district Aligarh area, and present complaint is filed through its authorized partner Mr. Shivank Garg S/o Shri Rakesh Garg, who is competent to file this complaint on behalf of the his partnership firm being authorised partner on the behalf of the M/S Aura Power vide special power of attorney dated 12-10-2012. The Notarized copy of the partnership Deed and said power of attorney is annexed herewith and marked as Annexure 1 and Annexure 2 respectively. That the Complainant had supplied Batteries and UPS of Kevin Power Solutions Ltd. to the aforesaid accused ( M/s. Rakesh Electricals & Gift Center , Proprietor Shri Basant Kumar Agarwal @ Bobby R/o Shreechandra Market Jattari) as per accuseds order as and when accused has placed order for same on various occasions . That On 19-12-2012 total amount due of the complainant upon the accused in lieu of supplied Batteries and UPS was of Rs. 78,630/(Seventy Eight Thousand Six Hundred Thirty Rupees). On 20.12.2012 out of such Rs. 78,630/- accused has paid Rs. 10000/- in cash and promised to pay another Rs. 18630/- in cash within a month, further in respect of remaining due balance amount of Rs. 50000/- of the Complainant, accused has issued a post dated cheque in favour of Aura Power of Central Bank Of India, Jattari Branch, Aligarh of Rs. 50000/(Rupees fifty thousand ) bearing no. 010412 dated 27-07-2013 of his own Firms account in name of M/s. Rakesh Electricals & Gift Center at the

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complainants office situated at 3/104 Marris Road, Aligarh -202001, U. P in presence of Mr. Harish Sharma, Mr. Sachin Garg, Mr. Rakesh garg and assured for payment of said post dated cheque on presentation on its due date mentioned on cheque . 4. That on the due date of payment of said cheque i.e. 27.07.2013 the accused come in to office of the complainant and showing his worsening economic position prayed to complainant to give him further time of around one and quarter month for making the payment of the said cheque. The complainant accented to his request of further time and then the accused has assured for payment of the such cheque on its presentation before the banker on 09.09.2013. That the complainant relying on accused assurance presented said cheque bearing 010412 of Central Bank Of India, Jattari Branch, Aligarh on 09-092013 within period of its validity before his Bankers, Corporation Bank, Aligarh Branch but same was returned unpaid to the complainant by its bankers on 11-09-2013 along with Return Memo dated 10-09-2013 with the remarks/reasons Funds Insufficient. Original Cheque No. 010412 along with deposit slip Marked as Annexure 3 and Dishonoring Returning Memo Marked as Annexure 4. That in spite of number of telephonic, verbal reminder by the complainant and by the representatives of the complainant regarding dishonour of aforesaid cheque and for payment of amount due under aforesaid cheque the accused had given number of assurances to make the payment of said cheque but on each and every time accused failed to honour his assurances and ultimately the accused had categorically refused to make the payment of amount Rs. 50000/- as mentioned in said cheque and further also refused to make the payment of remaining Rs. 18,630/-i.e. in respect of which the accused had promised on 20.12.2012 to make payment in cash within a month . That finding no other means the complainant has served through his counsel Mr. Deepak Chaudhary Advocate a Legal Notice as per the provisions of N.I. Act, 1881 as amended upto date and the said notice was dispatched on 29-09-2013 by both ways i.e. Speed Post with A/D. and also via registered Post with A/D. demanding the payment of the amount of said cheque Rs. 50000/- (Fifty Thousand Rupees ) within 15 days from the date of receipt of the said notice. The copy of legal notice dated 28-09-2013 is annexed herewith and marked as Annexure 5 and original Speed post and Registered post receipt dated 29-09-2013 marked as Annexure 6.

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That the Complainant submits that the said demand notice was duly served to Accused person on 30.10.2013, but in spite of Legal Notice Dated 29.10.2013 this the accused person failed and neglected to make payment as

demanded therein. The original proof of delivery by the Department of Post ,India , Aligarh in respect of Speed post and Registered post dated 17.10.2013 marked as Annexure 7. 9. That the accused person has therefore succeeded in deceiving the complainant malafidely, intentionally, purposely and mischievously.

10. That the accused has thus committed an offence punishable under section 138 read with 141 of the Negotiable Instruments Act, 1881 as amended upto date. 11. That the complaint is not barred by the Law of Limitation. 12. That as the Legal notice in writing was given/served to the accused demanding payment within 15 days from the jurisdiction of this Learned Court. Hence, this Learned Court is the competent authority and has jurisdiction to try the offence in this instant case.

VERIFICATION
th day of November, 2013 that the contents of this Verified at Aligarh on affidavit in Para No. 1 to 12 are true and correct to the Deponents knowledge and belief to be true on the basis of legal advice received by the Complainant and the last Para is the prayer clause of the Complainant.

DEPONENT