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IN THE COURT OF THE HONBLE

XVII ADDL CHIEF METROPOLITAN MAGISTRATE


AT: NAMPALLY, HYDERABAD .
C.C. NO:

OF 2016

BETWEEN:
M/s. Mandava Holding Private Limited,
havings its registered office at NSL Icon,
4th floor, 8-2-684/2/A, Plot no. 1 to 4,
Opp: ICICI Bank, Road No.12, Banjara Hills,
Hyderabad-500 034 represented by
its Authorised Signatory Mr._____,S/o.___
aged about ___years, Occ:_____________

COMPLAINANT

AND
Mr.Reddy Veeranna, S/o.Mr.Sanjeevappa,
Aged about 61 years, R/o. First Floor, Classic Court,
No.9/1, Richmond Road, Bangalore-560 025.

ACCUSED

********
NATURE OF OFFENCE

U/S 138 OF N.I. ACT.

PLACE OF OFFENCE

Axis Bank, Jubilee Hills Branch,


Hyderabad.

DATE OF OFFENCE

13.04.2016,__.05.2016, _____.2016.

JURISDICTION OF P.S.

P.S., Jubilee Hills Hyderabad.

LIST OF WITNESSES

1) The Complainant.
2) The Branch Manager,
ING Vysya Bank,
Infantry Road Branch,
Bangalore
3) The Branch Manager,
Axis Bank, Jubillee
Hyderabad.

Hills

4) Accounts Officer of the


Complainant Company.
5) Any other witness with the
permission of the Honble Court

Branch,

COMPLAINT FILED UNDER SECTION 190 READ WITH 200 OF Cr.P.C AND
SECTIONS 138 AND 142 OF NEGOTIABLE INSTRUMENTS ACT, 1881
(N.I. ACT )
May it please Your Honour,
1.

It is humbly submitted that the Complainant is a Private Limited Company, duly

registered and incorporated under the Companies Act, 1956 (as amended from time to
time) and is represented by__________, who is authorized to represent this case by
virtue of the ______________, dated ________________.
2.

It is submitted that the Complainant Company carries on the business of

_________________. The Accused is a businessman carries on the business of


_______________.
3.

It is submitted that by a memorandum of understanding dated March 31, 2005

(MoU) M/s. Embassy Real Estate Properties & Holdings Private Limited invested a
sum of Rs.78,09,00,000/- [MENTION THE AMOUNT IN WORDS] with M/s. Saphire
Infrastructure Development Private Limited for acquiring shareholding in M/s. Saphire
Infrastructure Development Private Limited which investment included a sum of
Rs.24,00,00,000/- [MENTION THE AMOUNT IN WORDS] as the investment of M/s.
NSL Nagapatnam Power and Infratech Private Limited, a group Company of Nuziveedu
Seeds Private Limited.
4.

It is submitted that M/s. NSL Nagapatnam Power and Infratech Private Limited

has assigned its rights in favour of M/s. Seamless Properties Private Limited vide
agreement dated 16.03.2009. It is submitted that M/s. Seamless Properties Private
Limited has assigned its rights in favour of the Complainant Company herein.
5.

It is submitted that in terms of MoU, M/s. Saphire Infrastructure Development

Private Limited has intended to acquire land approximately 1050 acres in the area of
Sarjapur, Bangalore and the Complainant Company has invested in M/s. Saphire
Infrastructure Development Private Limited with intention to obtain a share of interest as
a project or a portion of land to be conveyed to the Complainant Company or its
nominees on an outright basis or to acquire interest in such land by way of acquiring
shares with or without particular rights. It is further submitted that M/s. Saphire
Infrastructure Development Private Limited has acquired several extents of land and
was in the process of completing the acquisition of remaining land, the said investment
made by M/s. Embassy Real estate Estate Properties & Holdings Private Limited and
Complainant Company in order to gain benefits of such developments .
6.

It is further submitted nearly nine year have gone by, the Complainant Company

was not interested in continuing with its investment and the Accused herein has offered
to acquire all rights, title and interest of Complainant Company under the MoU,
Agreement dated 25.09.2008.

7.

It is submitted that vide assignment agreement dated February 06, 2015, the

Accused has acquired all right, title, interest of the Complainant Company. It is further
submitted that in terms of the assignment agreement, the Accused had agreed to pay
an amount of Rs.133,04,00,000/- [MENTION THE AMOUNT IN WORDS] as a
consideration to the Complainant Company.
8.

It is further submitted that the Accused has paid an amount an amount of Rs.

59,32,34,000/- [MENTION THE AMOUNT IN WORDS] and for the balance


consideration of Rs. 72,71,66,000/- [MENTION THE AMOUNT IN WORDS], the
Accused had issued post-dated cheque bearing no. 494218 dated 31.03.2016 drawn on
ING Vysya Bank, Limited Infantry Road Branch, Bangalore.
9.

It is submitted that the Complainant Company had presented the afore-said

cheque no. 494218 dated 31.03.2016 of Rs. 72,71,66,000/- [MENTION THE AMOUNT
IN WORDS] for encashment through its banker Axis Bank, Jubilee Hills Branch,
however, the same was returned unpaid by the Complainants banker with reasons
Funds Insufficient vide bankers cheque return memo dated 02.04.2016.
10.

It is submitted that the Complainant Company has immediately brought the fact

of bouncing of cheque to the Accused through a telephonic call and also issued a letter
dated 04.04.2016 requesting Accused to provide funds so that it can re-present the
cheque once again. It is further submitted that Accused had agreed for the same and
have asked the Complainant Company to present the said afore-said cheque after one
week.
11.

It is submitted that the Complainant Company after waiting for one week again

presented the said cheque 494218 dated 31.03.2016 of Rs. 72,71,66,000/- [MENTION
THE AMOUNT IN WORDS] drawn on ING Vysya Bank, Limited, Infantry Road Branch,
Bangalore through its banker Axis Bank, Jubilee Hills Branch for encashment, however,
the Complainant Company was shocked to hear that the said cheque was again
returned unpaid by Complainant Companys banker with reasons Funds Insufficient
vide cheque return memo dated 13.04.2016.
12.

It is further submitted that the fact of bouncing of cheque was brought to your

notice by Complainant Company through a telephonic call. It is further submitted that


thereafter the Accused have visited the office of Complainant Company client on
____and requested Complainant Company to grant two weeks time to make the above
mentioned payment. However, to the surprise of Complainant Company, the Accused
had failed to make the payment due to Complainant Company and did not accede to the
promise made by Accused to Complainant Company.
13.

It is further submitted, that, thereafter the Complainant Company having no other

alternative got issued Legal Notice, dated ______ to the Accused through registered
post with Acknowledgement Due calling upon them to pay the said dishonoured Cheque

amount of Rs. 72,71,66,000/- [MENTION THE AMOUNT IN WORDS] within 30 days


from the date of receipt of the Legal Notice. The said Legal Notice was received by
Accused on _____________. Till this date the Accused neither paid the dishonoured
cheque amount nor given reply. Having no other alternative, the Complainant is forced
to file this present complaint.
14.

CAUSE OF ACTION:- The cause of action for filing of this Complaint arose on

06.02.2015, 31.03.2016, 13.04.2016, on ____when the Legal Notice was issued,


____when the Legal Notice was received by Accused and ______ and when the
statutory period of 15 days completed from the date of receipt of the Legal Notice.
15.

LIMITATION:-

The

Limitation

for

filing

of

this

Complaint

arose

on

_________when the statutory period of 15 days completed from the date when the
Legal Notice was received by the Accused. There is a delay of _____day in filing the
Complaint by the Complainant Company and Complainant Company is filing the
Complaint with condone delay petition.
16.

JURISDICTION:- The offence has taken place within the jurisdiction of P.S.,

__________, where the Complainants Bank is situated. Hence this Honourable Court
has got territorial jurisdiction to try the case.

Therefore, it is prayed, that, this Honourable Court may be pleased to take cognizance
of the offence U/S 138 of N.I. Act and punish the Accused according to law by imposing
maximum sentence of two years imprisonment and may also order to pay double the
amounts covered under the dishonoured Cheque as compensation besides levying fine
as per Law in the interest of justice.

COUNSEL FOR COMPLAINANT

COMPLAINANT

VERIFICATION
I, ___________, S/o._________, Aged ____ Years, Occ: ________ in
Complainant Company, do hereby state on oath and affirm that the above stated
contents are true and correct to the best of my knowledge and belief. Hence, verified on
this the ____ day of ______, 2016 at Hyderabad.
COMPLAINANT

LIST OF DOCUMENTS
1. Assignment Agreement dated 06.02.2015
2. Cheque bearing No: 494218 dated 31.03.2016 of Rs. 72,71,66,000/3. Cheque return memo dated 13.04.2016.
4. Office Copy of Legal Notice, dated

-05-2016.

5. Postal Receipts, dated -05-2016.


6. Acknowledgement Card.
7. Complainant Company letter dated 04.04.2016
8.Board Resolution/Power of Attorney dated___________.

COUNSEL FOR COMPLAINANT

COMPLAINANT

IN THE COURT OF THE HONBLE XVII


ADDITIONAL CHIEF METROPOLITAN
MAGISTRATE, NAMPALLY,
AT: HYDERABAD.
C.C. NO:

OF 2016.

BETWEEN:
M/s. Mandava Holding Private Limited
COMPLAINANT
AND
Mr.Reddy Veeranna
ACCUSED

COMPLAINT FILED U/S 190 R/W 200 OF


Cr.P.C. AND SECTIONS 138 & 142 OF N. I.
ACT, 1881.

FILED ON:

-07-2016.

FILED BY: J.N.BHUSHAN


ADVOCATES
Office at:
H. No. 8-2-401/C/9, FLAT NO. 203, 2nd Floor,
J.V.R.Banjara Avenue, Road No. 5, Banjara Hills,
Hyderabad

IN THE COURT OF THE HONBLE


XVII ADDL CHIEF METROPOLITAN MAGISTRATE,
AT: NAMPALLY, HYDERABAD .
C.C. NO:

OF 2016

M/s. Mandava Holding Private Limited

COMPLAINANT

AND
Mr.Reddy Veeranna

ACCUSED

AFFIDAVIT
I, ___________, S/o._________, Aged ____ Years, Occ: ________ in Complainant
Company, having office at NSL Icon, 4 th floor, 8-2-684/2/A, Plot no. 1 to 4,Opp: ICICI
Bank, Road No.12, Banjara Hills, Hyderabad-500 034, do hereby solemnly affirm and
state on oath as follows:
(1)

I submit that I filed the above Complaint on behalf of the Complainant Company

herein. That I have not filed any Criminal Case/Complainat in other court of law in
respect of the Cheque bearing No: 494218 dated 31.03.2016 drawn on ING Vysya
Bank, Limited Infantry Road Branch, Bangalore for Rs.72,71,66,000/- [MENTION THE
AMOUNT IN WORDS] issued by the Accused in favour of the Complainant Company.
(2)

The facts stated above are true and correct to the best of my knowledge and

belief and based on record. Hence this Affidavit.


Identified by: Sri J.N.Bhushan,
ADVOCATE

DEPONENT

Executed on this ___ day of July, 2016

ADVOCATE

IN
THE COURT OF THE HONBLE
XVII ADDITIONAL CHIEF METROPOLITAN
MAGISTRATE, NAMPALLY,
AT: HYDERABAD.
C.C. NO:

OF 2016.

BETWEEN:
M/s. Mandava Holding Private Limited
COMPLAINANT
AND
Mr.Reddy Veeranna
ACCUSED

AFFIDAVIT

FILED ON: -07-2016.

FILED BY: J.N.BHUSHAN


ADVOCATES
Office at:
H. No. 8-2-401/C/9, FLAT NO. 203, 2nd Floor,
J.V.R.Banjara Avenue, Road No. 5, Banjara Hills,
Hyderabad.

FORM No: 7 LIST OF DOCUMENT (Rule 9, 10 and 262)


(Under Order VIV and XIVI Rule 71 Code of Civil Procedure)

IN THE COURT OF THE HONBLE


XVII ADDL CHIEF METROPOLITAN MAGISTRATE
, AT: NAMPALLY, HYDERABAD .
C.C. NO:

OF 2016

M/s. Mandava Holding Private Limited

COMPLAINANT

AND
Mr.Reddy Veeranna

ACCUSED

List of Documents filed by the Complainant

1. Assignment Agreement dated 06.02.2015


2. Cheque bearing No: 494218 dated 31.03.2016 of Rs. 72,71,66,000/3. Cheque return memo dated 13.04.2016.
4. Office Copy of Legal Notice, dated

-05-2016.

5. Postal Receipts, dated -05-2016.


6. Acknowledgement Card.
7. Complainant Company letter dated 04.04.2016
8.Board Resolution/Power of Attorney dated___________.

Dated this the ___ day of July, 2016 at Hyderabad.

ADVOCATE FOR COMPLAINANT

IN THE COURT OF THE HONBLE XVII


ADDITIONAL CHIEF METROPOLITAN
MAGISTRATE, NAMPALLY,
AT: HYDERABAD.
C.C. NO:

OF 2016.

BETWEEN:
M/s. Mandava Holding Private Limited
COMPLAINANT
AND
Mr.Reddy Veeranna
ACCUSED

LIST OF DOCUMENTS

FILED ON: -07-2016.

FILED BY: J.N.BHUSHAN


ADVOCATES
Office at:
H. No. 8-2-401/C/9, FLAT NO. 203, 2nd Floor,
J.V.R.Banjara Avenue, Road No. 5, Banjara Hills,
Hyderabad.

IN THE COURT OF THE HONBLE


XVII ADDL CHIEF METROPOLITAN MAGISTRATE
, AT: NAMPALLY, HYDERABAD .

Crl. M.P.

No ________ of 2016
InIN

C.C. NO:

OF 2016

M/s. Mandava Holding Private Limited

COMPLAINANT

AND
Mr.Reddy Veeranna

ACCUSED

I, ___________, S/o._________, Aged ____ Years, Occ: ________ in Complainant


Company, having office at NSL Icon, 4 th floor, 8-2-684/2/A, Plot no. 1 to 4,Opp: ICICI
Bank, Road No.12, Banjara Hills, Hyderabad-500 034, do hereby solemnly affirm and
state on oath as follows:
1.

I submit that I am authorised signatory of the Complainant Company and as such

well acquainted with the facts of the case.


2.

I submit that the Complainant Company has filed the above complaint against

Accused under section 138 of the Negotiable Instruments Act, 1881.


3.
drawn

I submit that Cheque bearing No: 494218 dated 31.03.2016 issued by Accused
on

ING Vysya

Bank, Limited

Infantry Road

Branch, Bangalore

for

Rs.72,71,66,000/- got bounce vide cheque return memo dated 13.04.2016 issued by
Complainant Companys banker i.e. Axis Bank, Jubilee Hills. The Complainant
Company through its legal Counsel issued Legal Notice dated ____2016 calling upon
Accused to payment of Rs.72,71,66,000/- [MENTION THE AMOUNT IN WORDS] being
the principal amount of the afore-said cheque within a period of 15 (fifteen) days from
the date of receipt of this Legal Notice. The said Legal Notice was received by Accused
on _________2016. However, the Accused failed to pay the said amount within fifteen
days of receipt of the said notice. The limitation for filing complaint commenced on
____when the period of said 15 days has lapsed. Hence, there is a delay of
________day in filing the complaint.

4.

I submit that there is delay of _____days was caused as the acknowledged card

received by the Complainant Companys Counsel got mixed up in other files and could
not be located in time for the purpose of filing within the limitation. After continuous
search in the office of Complaint Company Counsel, the acknowledge card was located
on _____. Hence, there was delay of ____ days in filing the above Complaint. The delay
of ____ days in filing the above Complaint is neither willful nor due to any negligence
but for the reasons stated above. If the delay of ____ days is not condoned in filing the
above Complaint, the Petitioner/Complainant Company shall suffer irreparable loss and
injury.
It is, therefore, prayed that this Honble court may be pleased to condone the delay of
____days in filing above Complaint. and pass such other order/s as the Honble Court
may deem fit and proper in the circumstances of the case.

DEPONENT
Sworn and signed before me on this the
___ day of July, 2016 at ____________.
Identified by :
ADVOCATE

IN THE COURT OF THE HONBLE


XVII ADDL CHIEF METROPOLITAN MAGISTRATE
, AT: NAMPALLY, HYDERABAD .
Crl. M.P.

No ______ of 2016
INn

C.C. NO:

OF 2016

BETWEEN:
M/s. Mandava Holding Private Limited,
havings its registered office at NSL Icon,
4th floor, 8-2-684/2/A, Plot no. 1 to 4,
Opp: ICICI Bank, Road No.12, Banjara Hills,
Hyderabad-500 034 represented by
its Authorised Signatory Mr._____,S/o.___
aged about ___years, Occ:_____________

COMPLAINANT

AND
Mr.Reddy Veeranna, S/o.Mr.Sanjeevappa,
Aged about 61 years, R/o. First Floor, Classic Court,
No.9/1, Richmond Road, Bangalore-560 025.

ACCUSED

PETITION FILED UNDER SECTION 5 OF THE LIMITATION ACT, 1963 R/W SECTION
138 OF THE NEGOTIBALE INSTRUMENTS ACT, 1881

For the reasons stated in the accompanying affidavit, the Honble court may be pleased
to condone the delay of ____days in filing above Complaint. and pass such other
order/s as the Honble Court may deem fit and proper in the circumstances of the case.

Hyderabad
Date

Counsel for Complainant

IN THE COURT OF THE HONBLE XVII


ADDITIONAL CHIEF METROPOLITAN
MAGISTRATE
, NAMPALLY,
AT: HYDERABAD.
CRL MP No______

OF 2016

IN
C.C. NO:

OF 2016.

BETWEEN:
M/s. Mandava Holding Private Limited
COMPLAINANT
AND
Mr.Reddy Veeranna
ACCUSED

CONDONE DELAY PETITION

FILED ON: -07-2016.

FILED BY: J.N.BHUSHAN


ADVOCATES

Office at:
H. No. 8-2-401/C/9, FLAT NO. 203, 2nd Floor,
J.V.R.Banjara Avenue, Road No. 5, Banjara Hills,
Hyderabad.