IN THE METROPOLITAN MAGISTRATE __ COURT AT ANDHERI,
MUMBAI
C.C.No. Of 2019
Mr. DASHRATH KESHAVLAL PANCHAL ..Complainant
V/s.
Mr. GOVIND BABULAL BHANSALI … Accused
VERIFICATION STATEMENT OF
THE COMPLAINANT ON AFFIDAVIT
MAY IT PLEASE YOUR HONOUR:-
I, Mr. DASHRATH KESHAVLAL PANCHAL, An Adult, Indian
Inhabitant, Occupation - Business, Residing at Flat no. 201, 2ND
floor, Khemkalyani Sadan, Sanyasashiram Mandir, Ville Parle (W),
Mumbai- 400 056, the Complainant abovenamed, do hereby state
and declare on solemn affirmation as under :
1. I say that, I had friendly and business relations with the
accused. The Accused was in urgent need of Money because
his son was suffering from some disease and to pay his son’s
medical bills and also to pay his son’s outstanding school fees
and therefore he requested me that he requires financial help
from me i.e a sum of Rs.85000/-. I say that after the repeated
requests of the Accused and keeping trust in him, I advanced
the accused a sum of Rs.85000/- without any interest on 12th
October, 2017 to cope up with his said difficulties. The
accused assured me that he will repay the said amount within
one year.
2. I say that, on 12th October, 2017 Loan Agreement was made
between me and accused, regarding the above said subject
matter and the same was signed by the accused, in the
presence of one witness. The said loan agreement dated 12-10-
2017 was executed between me and accused on following
grounds:-
a. That accused will repay the amount Rs.85000 within one
year from the date of loan agreement.
b. That the said amount was given to him was Interest free.
3. I say that the accused failed to repay the said amount within
one year as assured by him and therefore I had to pursue
with him for my money. After constant follow up, against the
discharge of his legally enforceable liability, the accused
issued Two cheques bearing No. 089129 and No.089130
Dated: 05/03/2019 and 05/03/2019 respectively for
Rs.25000 and Rs.60000 respectively. Drawn on UNION BANK
LTD. and UNION BANK LTD. respectively., Grant Road (E)
Branch, Mumbai and assured me that the said cheques will be
definitely honoured when presented.
4. I say that as per the instructions of the accused I deposited
the said Two cheques in my bank viz. Kotak Mahindra Bank,
Branch – Andheri East, Mumbai and Account No.
06510120026384 on Dated 05.03.2019, but the same was
dishonoured with remark “Others – CHQ Destroye” and
“Others – Unusabl” respectively and I was informed by my
Banker’s memo dated 06.03.2019 and 06.03.2019 for each
respective cheques.
5. I say that I, thereafter, sent legal demand notice dated
12.03.2019 to the accused through my advocate on the same
day by Registered A.D. to his last Two known address and the
Accused has not replied the said Demand Notice
6. I say that I have not filed any other complaint pertaining to
this Two Cheques bearing No. 089129 and No.089130. Dated:
05/03/2019 and 05/03/2019 respectively for Rs.25000 and
Rs.60000 respectively. Drawn on UNION BANK LTD. Grant
Road(East), Mumbai- 400 007 and UNION BANK LTD. Grant
Road(East), Mumbai- 400 007 respectively.
7. I say that I am fully conversant with the facts of the above
case.
Whatever stated hereinabove is true and correct to the best of
my knowledge and belief and I believe the same to be true.
Solemnly affirmed at Mumbai
On this day of April ,2019
Mr. Dashrath Keshavlal Panchal
Deponent
Advocate for the Complainant
VERIFICATION
I, Mr. DASHRATH KESHAVLAL PANCHAL, An Adult, Occ.
Business, R/o. Flat no. 201, 2ND floor, Khemkalyani Sadan,
Sanyasashiram Mandir, Ville Parle (W), Mumbai- 400 056 the
Complainant abovenamed do hereby state on solemn affirmation
that whatever stated hereinabove is true and correct to the best of
my knowledge and I believe the same to be true and correct.
Solemnly affirmed at Mumbai
On this day of April, 2019
Complainant
Trupen Tejas Rathod/ Vivek Kumar Tiwari
Advocate for Complainant
