1

Criminal Case No. 24263/12
Date of filing

-2/11/12

In the court of Judicial Magistrate, First Class
Indore,
N B Trading

-Petitioner

-VsShri Parvathy

-Accused

Crime u/s138 of negotiable instruments Act
PETITION FOR ISSUANCE OF BAILABLE WARRANT AGAINST
THE ACCUSED
The petitioner prays that ;
The petition is presented in this case which is
pending before this court. The summons to accused
was sent through registered post with AD on 25/9/12
and

the

postal

information

in

department
regards

to

has

not

sent

any

in

this

service

circumstance the summon may be deemed to be served
on the accused and bailable warrant may be issued
and this petition is presented in this regard.
Therefore it is prayed that the petition may be
accepted and the order of bailable warrant may be
issued against the accused.
Indore dated 2/11/12

-SdCounsel for petitioner

2

Criminal Case No. Sl.

/2012

Date of filing : 29/08/2012
In the Court of Judicial Magistrate, First Class,
Indore
1.

Name and address :

NB Trading INC

of the complainant

through prop./authorized
Kulwant Singh

Bhatiya,

S/o

Shri

Mangal

Singh Bhatiya
Address _ 06, Vishnupuri, AB
Road,

Indore,

(Madhya

Pradesh).
2.

Name of the accused: Shri Parvathy through
And address

proprietor
Shri K.Dhansapaty

Address (01) No.01 A, Rajeshwary
Nagar, Extension, 100 feet road,
Selaiyur,

Chennai-600073

(Tamilnadu)
Address (02)No.03, Ramakrishna Nagara,
5th street, Chilapakam Chennai-600064
(Tamilnadu)
Address (03)04, AIOB Colony, Camp
Road, Chennai (Tamilnadu)
03. Date of Crime :

30.04.12, 20.07.12, 30.07.12,
03.08.12 ………till date.

04. Place of crime :

NB Trading INC

3

And P.S.

through prop./authorized
Kulwant Singh

Bhatiya,

S/o Shri Mangal Singh

Bhatiya
Address _ 06, Vishnupuri, AB
Road,

Indore,

(Madhya

Pradesh).
P.S. Bhawarkuwa, Indore
05. Reason of crime : The cheque dishonored of the
accused
06. Name of the witnesses and address :
1) The complainant himself
2) The concerned bank officer
Axis Bank Ltd., Branch
Medavakkam, Chennai (Tamilnadu)
3) The concerned bank officer
Bank of Baroda, Branch
Transport Nagar, Indore (Madhya Pradesh)
4)

Other witnesses to be produced as per
need.

07. Crime u/s

-

U/s

138

of

Negotiable

Instrument Act
08. Reason for crime 01. That

is,

the

petitioner

firm

being

the

proprietorship firm of Kulwant Singh Bhatiya, S/o
Shri

Mangal

Singh

Bhatiya,

Address

_

06,

Vishnupuri, AB Road, Indore, (Madhya Pradesh. The

4

said proprietor being authorized
the

case

is

presenting

this

and in knowhow of

appeal

before

this

Hon’ble Court. The registration copy of the firm is
being produced alongwith this petition.
02. That is, the complainant firm has entered into
agreement

with

the

accused

to

purchase

50,000/-

Metric ton “HMS 1” Iron shredded scrape and in this
regard the complainant and the accused entered into
‘scrap sales contract’ on 28.03.2012.
03. That is, as per the para 5.4 of the above
agreement

of

‘scrape

sales

contract’

the

complainant has to deposit Rs.10,000,00/- (Rupees
Ten Lakhs)as a security deposit to the accused.
04. That is, in observance of the para 5.4 of the
above

agreement

of

‘Scrap

sales

agreement’

the

complainant paid a sum of Rs.10,000,00/- (Rupees
Ten Lakhs only) on 29.03.2012 and the said amount
was

credited

30.03.2012.
executed

to
The

between

the
copy
the

account
of

of

the

the

accused

sales

complainant

and

on

agreement
accused

is

produced alongwith the petition.
05. That is as per the agreement even after deposit
of the security amount of Rs.10,000,00/- (Rupees
Ten Lakhs only)the accused did not supply any scrap
to

the

several

complainant.
times

to

The

accused

complainant
to

send

scrap

requested
but

the

5

accused contravened the condition of the agreement
and no scrape was sent to the complainant.
06. That is on 20.04.2012 the accused cancelled the
‘scrape sales agreement’ and towards the payment of
the security deposit of Rs.10,000,00/- (Rupees Ten
Lakhs only) to the complainant the accused issued a
cheque

no.043523

dated

30.04.2012

for

Rs.10,000,00/- (Rupees Ten Lakhs only)of his Axis
Bank

Limited

Medavakkam

Chennai

Branch

form

his

firm Shri Parvathi exports account and the same was
signed by the accused as proprietor / authorized
signatory

in

discharge

responsibility
cheque

will

and

be

with

paid

on

of

his

assurance

business

that

presentation

the

said

before

the

bank.
07.

That

accused

is,
the

on

believing

accused

the

the

assurance

complainant

of

the

within

the

stipulated time produced the cheque for payment in
his bank in Bank of Baroda branch Transport Nagar
Indore and the said cheque was dishonored by the
accused bank on 20.07.2012 vide bank memo sl.20.
“Payment stopped by the Drawer” remarks. The copy
of the letter of the cancellation of agreement,
copy of the dishonored cheque, the memo issued by
the

bank

in

regards

to

dishonor

of

presented herein alonwith the petition.

cheque

is

6

08. That

is

a

demand

notice

was

issued

by

the

complainant through his counsel on 30.07.2012 to
the

accused

through

registered

post

on

the

3

address given in the cause title. The said notice
was

served

on

03.08.12

on

the

accused

but

till

today no amount has been paid by the accused.
09. That is, after the service of the notice the
accused

to

get

over

the

section

138

negotiable

instrument act and on false averments and to defend
himself sent a reply dated ….All the statements
given in the said reply is false and just for the
false defence the accused has sent reply of the
demand notice. The copy of the demand notice, copy
of the registered A.D. receipt, copy of the reply
is attached herewith)
10. That

is,

the

accused

knowingly

to

give

financial damages to the complainant and due to not
having sufficient account in his account got the
cheque

stopped

and

the

act

of

the

accused

is

punishable offence u/s 138 of Negotiable Instrument
Act and

for this reason the petition is being

presented.
11. That is the accused is Proprietor/Authorized
Signatory of the firm and is jointly and severely
liable for the daily activities of the above firm.
12. That is the complainant firm is in Indore, the
complainant’s bank is in Indore, The accused has

7

sent

the

cheque

at

the

said

address,

the

complainant has sent a demand notice through his
advocate from Indore city, therefore the territory
jurisdiction to hear this petition is before this
court. The petition is presented within time before
this court.
13. That is the copies of documents is presented
alongwith petition.
It is therefore prayed that this petition may be
taken on file and cognizance of the crime u/s 138
of negotiable instrument act may be taken against
the

accused

and

he

may

be

punished

and

the

complainant may be given compensation of the amount
of the dishonored cheque.
Indore

Presenter

Date

-Sd-

29/08/2012

Complainant

8

Criminal Case No. Sl.

/2012

Date of filing : 29/08/2012
In the Court of Judicial Magistrate, First Class,
Indore
NB

Trading

INC

through

prop./authorized

Singh Bhatiya,

Kulwant

…Complainant

-VsShri Parvathy through Shri K.Dhansapaty
…Accused
ROUND SEAL AND SIGNED BY Smt. Rohini Pawar, Oath
Commissioner, Indore Head Office, Indore (MP)
AFFIDAVIT
(In the Support of the petition u/s 200 of Cr.PC.)
Name of Deponent : Kulwant Singh Bhatiya
Father’s Name of Deponent:Shri Mangal Singh Bhatiya
Age of Deponent

:

57 years

Profession of deponent : Business
Address of Deponent : 06, Vishnupur, AB Road,
Indore
The above named deponent on oath depose;
01. That

is,

the

petitioner

firm

being

the

proprietorship firm of Kulwant Singh Bhatiya, S/o
Shri

Mangal

Singh

Bhatiya,

Address

_

06,

Vishnupuri, AB Road, Indore, (Madhya Pradesh. The
said proprietor being authorized

and in knowhow of

9

the

case

is

presenting

this

appeal

before

this

Hon’ble Court. The registration copy of the firm is
being produced alongwith this petition.
02. That is, the complainant firm has entered into
agreement

with

the

accused

to

purchase

50,000/-

Metric ton “HMS 1” Iron shredded scrape and in this
regard the complainant and the accused entered into
‘scrap sales contract’ on 28.03.2012.
03. That is, as per the para 5.4 of the above
agreement

of

‘scrape

sales

contract’

the

complainant has to deposit Rs.10,000,00/- (Rupees
Ten Lakhs)as a security deposit to the accused.
04. That is, in observance of the para 5.4 of the
above

agreement

of

‘Scrap

sales

agreement’

the

complainant paid a sum of Rs.10,000,00/- (Rupees
Ten Lakhs only) on 29.03.2012 and the said amount
was

credited

30.03.2012.
executed

to
The

between

the
copy
the

account
of

of

the

the

accused

sales

complainant

and

on

agreement
accused

is

produced alongwith the petition.
05. That is as per the agreement even after deposit
of the security amount of Rs.10,000,00/- (Rupees
Ten Lakhs only)the accused did not supply any scrap
to

the

several

complainant.
times

to

The

accused

complainant
to

send

scrap

requested
but

the

10

accused contravened the condition of the agreement
and no scrape was sent to the complainant.
06. That is on 20.04.2012 the accused cancelled the
‘scrape sales agreement’ and towards the payment of
the security deposit of Rs.10,000,00/- (Rupees Ten
Lakhs only) to the complainant the accused issued a
cheque

no.043523

dated

30.04.2012

for

Rs.10,000,00/- (Rupees Ten Lakhs only)of his Axis
Bank

Limited

Medavakkam

Chennai

Branch

form

his

firm Shri Parvathi exports account and the same was
signed by the accused as proprietor / authorized
signatory

in

discharge

responsibility
cheque

will

and

be

with

paid

on

of

his

assurance

business

that

presentation

the

said

before

the

bank.
07.

That

accused

is,
the

on

believing

accused

the

the

assurance

complainant

of

the

within

the

stipulated time produced the cheque for payment in
his bank in Bank of Baroda branch Transport Nagar
Indore and the said cheque was dishonored by the
accused bank on 20.07.2012 vide bank memo sl.20.
“Payment stopped by the Drawer” remarks. The copy
of the letter of the cancellation of agreement,
copy of the dishonored cheque, the memo issued by
the

bank

in

regards

to

dishonor

of

presented herein alonwith the petition.

cheque

is

11

08. That

is

a

demand

notice

was

issued

by

the

complainant through his counsel on 30.07.2012 to
the

accused

through

registered

post

on

the

3

address given in the cause title. The said notice
was

served

on

03.08.12

on

the

accused

but

till

today no amount has been paid by the accused.
09. That is, after the service of the notice the
accused

to

get

over

the

section

138

negotiable

instrument act and on false averments and to defend
himself sent a reply dated ….All the statements
given in the said reply is false and just for the
false defense the accused has sent reply of the
demand notice. The copy of the demand notice, copy
of the registered A.D. receipt, copy of the reply
is attached herewith)
10. That

is,

the

accused

knowingly

to

give

financial damages to the complainant and due to not
having sufficient account in his account got the
cheque

stopped

and

the

act

of

the

accused

is

punishable offence u/s 138 of Negotiable Instrument
Act and

for this reason the petition is being

presented.
11. That is the accused is Proprietor/Authorized
Signatory of the firm and is jointly and severely
liable for the daily activities of the above firm.
12. That is the complainant firm is in Indore, the
complainant’s bank is in Indore, The accused has

12

sent

the

cheque

at

the

said

address,

the

complainant has sent a demand notice through his
advocate from indore city, therefore the territory
jurisdiction to hear this petition is before this
court. The petition is presented within time before
this court.
13. That is the copies of documents is presented
alongwith petition.
It is therefore prayed that this petition may be
taken on file and cognizance of the crime u/s 138
of negotiable instrument act may be taken against
the

accused

and

he

may

be

punished

and

the

complainant may be given compensation of the amount
of the dishonored cheque.
Indore
Date

29/08/2012

-SdComplainant
AFFIRMATION

I, the deponent herein, on oath verify that all the
statements in the affidavit is true and correct as
per my personal knowledge and as per the records
and no false averments have been made and truth has
been concealed.
Indore
Date

29/08/2012

-SdComplainant

13

On 29.08. Shri Kulwant Singh s/o Mangal Singh whom
I know personally has signed on the affidavit I
certify the affidavit.
ROUND SEAL AND SIGNED BY Smt. Rohini Pawar, Oath
Commissioner, Indore Head Office, Indore (MP)

14

Office, Municipal Corporation, Indore
Non Food Items
Year 2007-2008

Fee Rs.1005.00

License No. 41625/102007/41
Registration no.401327
On

the

application

141725:23/10/2007

Ward No.67
given

by

the

applicant

at

following place the license for business or factory
use

is

being

given

by

the

Indore

Municipal

Corporation u/s 366 and 427 of Municipality Act
under the rules enumerated therein.
Name of applicant

Kulwant Singh S/o Mangal

Name of the firm/company Singh Bhatiya,NB Trading
and details of the place (INC) 06, Vishnupuri Main
for

which

license

is Dipisiya Apartment,FN203,

given

AB Road, Indore,

License fee in words

One Thousand only

License period

01/04/2007 – 31/03/2008

Business done in 41625 Remold tyre workshop 1000.00
Note :
1. The license to be kept framed at the place of
business.
2. The license to produced at the time of visit of
the employee of the corporation.
3. In case of change of name of firm or place
license to be cancelled and to issued fresh.

15

4. If you have closed business then surrender the
license in the office of corporation.
5. The license is valid till 31st March of this
session.
In case of illegal construction and encroachment
this license will become automatically cancelled.
ROUND SEAL
-Sd- & Sealed
Officer Incharge
License department,
Municipal Corporation Indore

16

Criminal Case No. Sl.

/2012

Date of filing : 29/08/2012
In the Court of Judicial Magistrate, First Class,
Indore
NB

Trading

INC

through

prop./authorized

Singh Bhatiya,

Kulwant

…Complainant

-VsShri Parvathy through Shri K.Dhansapaty

…Accused

Sl.

Original/p

Documents

Date

No.
1.

Copy

2.

firm registration
original
Copy
of
the
agreement 28.03.12 Photocopy

of

the

complainant

entered
3.

hotocopy
Photocopy

between

complainant and accused
The copy of the letter of 20.04.12 Photocopy
the accused in regards to
cancelation

4.

5.

agreement
The cop

of

of

the

the
cheque 30.04.12 Photocopy

no.043523

given

by

accused
The
copy

of

memo

the
in 20.07.12 Photocopy

regards to dishonor of the
6.

cheque
The copy

of

the

demand 30.07.12 Photocopy

notice of the complainant
7.
8.

counsel
Registered A.D. Receipt
30.07.12 Photocopy
The copy of service of
Photocopy

17

9.

notice
Vakalatnama

original

Indore

Presenter

Date

-SdComplainant Counsel

18

VAKALATNAMA
WP/SA/FA/MA/MCC
Case No.

20

Before the Judicial Magistrate, I Class, Indore
N B Trading

petitioner/complainant/Appellant

-Vs-

Decree Holder

Parvathy Exports Respondent/Accused/Against
party/Judgment debtor
The case for the amount of
We, the undersigned NB Trading through Shri Kulwant
Singh, s/o Mangal Singh Bhatiya Vishnupuri Colony,
Through this appoint advocates, Jamil Ahmed, Abdul
Rahim Khan, Manoj Nigam Advocates
For the prosecution of the case are appointed as
advocates and also atuthorize the said advocate to
authorize any other advocate on any other date to
appear in the matter. He is authorized to deposit/
receive

the

money

from

the

court

and

also

to

compromise the matter and bind me.
Date 28 month 8 year 2012
Place Indore
Names of the person to whom vakalth is given
Name of Adv
J.A.Qureshi
A.R.Khan
Manoj

Reg. No.
1392/93

Adv. Sign.
-Sd-

Party sign.
-Sd-