IN THE COURT OF HON’BLE CHIEF METROPOLITAN

MAGISTRATE,
PATIALA HOUSE COURT, DELHI

CRIMINAL COMPLAINT NO._____

IN THE MATTER OF:-

EDIT ONE INTERNATIONAL …Complainant

Versus

MR.CHANDAN KUMAR JHA ...Accused

PS:NARAINA
U/S. 138 NI Act

INDEX

Serial Particulars Pages Court Fees

No.
1. Memo of Parties

2. Criminal Complaint u/s 138 NI read with

section 142 Negotiable Instruments Act,1881
(as amended up to date)

3. Brief facts/synopsis with list of dates and

event/Date Chart
4. List of Witnesses

5. List of documents along with documents

6. Evidence by way of affidavit on behalf of

the complainant
7.
ANNEXURE A1: Copy Of Agreement

8.
ANNEXURE A2: Original Cheque,

No.017957 Dated 25.04.19

 9. ANNEXURE A3: Original Returning
Memo dated 26.04.19
10.
ANNEXURE A4: Copy of the Legal Notice
dated 20/05/2019
11.
ANNEXURE A5: Original postal receipts
dated 21/05/2019
12.
ANNEXURE A6: Tracking report

13. Vakalatnama

DELHI
DATED:

Complainant

Through

Vikas Nagwan,
(Advocates)
Juris Law Offices
3-C, AD Block, Outer Ring Road,
Pitampura, Delhi-110034
9999010507, 9999368137
jurislaw@outlook.com
 IN THE COURT OF HON’BLE CHIEF METROPOLITAN
MAGISTRATE,
PATIALA HOUSE COURT, DELHI

CRIMINAL COMPLAINT NO._____

IN THE MATTER OF:-

EDIT ONE INTERNATIONAL …Complainant

Versus

MR. CHANDAN KUMAR JHA ...Accused

PS:NARAINAVIHAR
U/S. 138 NI Act

MEMO OF PARTIES

EDIT ONE INTERNATIONAL

THROUGH PARTNER PANKAJ JAGYA
A-32, PHASE-2,NARAINA INDUSTRIAL AREA,
NEW DELHI-110028 ...Complainant

CHANDAN KUMAR JHA

PROPRIETOR OF M/S LAKSHAY INDIA GROUP
WARD NO.20
BHUDHANATH ROAD
BHAGALPUR, BIHAR-812001 ….….Accused

Complainant

Through
Date:
Delhi:

Vikas Nagwan,
(Advocates)
Juris Law Offices
3-C, AD Block, Outer Ring Road,
 Pitampura, Delhi-110034
9999010507, 9999368137
jurislaw@outlook.com
IN THE COURT OF HON’BLE CHIEF METROPOLITAN
MAGISTRATE, PATIALA HOUSE COURT, DELHI

CRIMINAL COMPLAINT NO._____

IN THE MATTER OF:-

EDIT ONE INTERNATIONAL …Complainant

Versus

MR. CHANDAN KUMA JHA ...Accused

PS: NARAINA VIHAR

U/S. 138 NI Act

COMPLAINT UNDER SECTION 138/142 SECTION OF THE

NEGOTIABLE INSTRUMENT ACT(AS AMENDED UPTO

DATE)

MOST RESPECTFULLY SHOWETH:

1. That the complainant is the interactive Multimedia

partnership firm which provides books and services, which is
one of the highly reputed entity in India, the authorization is
annexed herewith as ANNEXURE A1.

2. Tha Mr. Chandan Kumar Jha on behalf of M/s Lakshya India

Group came with a proposal for availing the printing rights of
complainant’s pen books and sell it under the name and
reputation of Edit One International i.e the complainant’s name.

3. That Agreed to which, M/s Lakshya India Group through Mr.

Chandan Kumar Jha entered into an agreement dated 01/02/2019 with
complainant’s company for supply of 34 pen books and make the
payment for using the said product, the agreement of which is annexed
herewith in ANNEXURE 2
4. That the accused issued the cheque in question at the time of

issuance of the cheque bearing no. 017957 drawn on Allahabad

Bank assured that the said cheque shall be positively honored upon

presentation which is annexed herewith as Annexure A-3 at page

no.___ for kind perusal of this Hon’ble court.

5. That based on the assurance that the aforementioned cheque

shall positively be encashed as and when presented by the

complainant company presented the said cheque in the account

maintained by the company in Yes Bank, Naraina Vihar New

Delhi through CTS (CHEQUE Truncation System) however to the

utter astonishment the aforementioned cheque has been returned

vide returning memo dated 26.04.2019 with remarks “EXCEEDS

ARRANGEMENT”. The returning memo is annexed herewith as

Annexure A-4 at page no.___ for kind perusal of this Hon’ble

court.

6. That considering the conduct of the above mentioned accused,

the complainant issued a legal notice dated 20/05/2019, U/s 138

Negotiable Instrument Act, sent on 21/04/2019 demanding the

accused person to pay the amount of dishonored cheque within 15

days as per the mandate of section 138 of Negotiable Instrument

Act, 1881. The copy of the notice annexed herewith as

ANNEXURE A-5 at page no.____ to ____. It is pertinent to

mention here that the legal notice dated 20/05/2019 have been

duly served through the Indian postal services speed post/Regd

A.D and courier receipts are annexed herewith as ANEEXURE

A-6 at page No.___ . The copies of the delivery reports are

Annexed herewith as ANNEXURE A-7 at page no.____

7. That despite the lapse of statutory period of 15 days, the

accused has neither paid the cheque amount nor has contacted the

complainant to discharge his liability.

8. That the accused have issued the cheque with ulterior design

and mala fide intentions to cheat the complainant with the active

knowledge that the said cheque shall not be honored on

presentation. It is imperative to mention here that the accused have

been duly served with the legal notice dated 20/05/2019 served on

25/05/2019 however even after the expiry of 15 days no payment

has been made by the accused thus the accused have committed

offence under section 138 N.I Act and have rendered themselves

liable for the action for the said offence.

9. That the accused had committed fraud and cheated the

complainant willfully and intentionally and as such the accused is

liable to criminal and civil prosecution under the appropriate court

of law.

10. That the above facts makes it clear that accused have

mischievously and intentionally issued the above said cheques

with ulterior design and mala fide intentions to cheat the

complainant knowing well that the said cheque would not be

honored on presentation.

11. That the complainant is maintaining a bank account at YES

BANK Naraina Vihar, New Delhi. This Hon’ble court has

jurisdiction to try and adjudicate the present complaint.

12. That the present complainant has been filed within the

prescribed period of limitation without any delay.

13. That the list of witness and list of documents in support of the

contest have also been filed as per law.

14. That the present complaint being chargeable with court fee

hence appropriate court fee has been affixed with the present

complaint.

15. That the complainant has not filed any other complaint

regarding the same claim except the present complaint.

 PRAYER

In the light of aforesaid circumstances it is therefore most

humbly prayed before this Hon’ble Court that it may kindly be

pleased to:

a) Accused be summoned, tried and punished for the offences

committed by him in accordance with law.

b) Direct the Accused to pay the penalty/fine as compensation to

the complainant of the amount double to that of the said cheque in

question.

c) Pass any order which the Hon’ble Court deems fit and proper in

the interest of justice.

Complainant

Dated:
Place
Through

Vikas Nagwan,
(Advocates)
Juris Law Offices
3-C, AD Block, Outer Ring Road,
Pitampura, Delhi-110034
9999010507, 9999368137
jurislaw@outlook.com
 IN THE COURT OF HON’BLE CHIEF METROPOLITAN
MAGISTRATE,
PATIALA HOUSE COURT, DELHI

CRIMINAL COMPLAINT NO._____2019

IN THE MATTER OF:-

EDIT ONE INTERNATIONAL …Complainant

Versus

MR. CHANDAN KUMAR JHA ...Accused

PS: Narain Vihar

U/S. 138 NI Act

DATE CHART
Date of Agreement : 01/02/2019
Date of Cheque : 25/04/2019
Last Presented on : 25/04/2019
Dishonored on : 26/04/2019
Information received on : 26/04/2019
Legal Notice Sent On : 21/04/2019
Legal Notice Served On : 25/05/2019
No Payment till : 09/06/2019
Limitation to file the complaint : 09/07/2019
Complaint Filed on : ___/ /2019

Complainant
Through
Date:
Delhi:
Vikas Nagwan,
(Advocates)
Juris Law Offices
3-C, AD Block, Outer Ring Road,
Pitampura, Delhi-110034
9999010507, 9999368137
jurislaw@outlook.com
 IN THE COURT OF HON’BLE CHIEF METROPOLITAN
MAGISTRATE,
PATIALA HOUSE COURT, DELHI

CRIMINAL COMPLAINT NO._____2019

IN THE MATTER OF:-

EDIT ONE INTERNATIONAL …Complainant

Versus

MR. CHANDAN KUMAR JHA ...Accused

PS: NARAIN VIHAR

U/S. 138 NI Act

LIST OF WITNESSES

1. Complainant or the AR of the Complainant.

2. Record clerk from the bank of the accused along with the record
pertaining to the cheque bearing no. 017957 dated 25/04/2019 drawn
on Yes Bank.

3. Bank official of the bank of the complainant i.e Yes Bank, Naraina
vihar, New Delhi

4. Any other witness(s) with the kind permission of this Hon'ble

Court.

Delhi.
Complainant
Dated:
Through

Vikas Nagwan,
(Advocates)
Juris Law Offices
3-C, AD Block, Outer Ring Road,
Pitampura, Delhi-110034
9999010507, 9999368137

jurislaw@outlook.com
IN THE COURT OF HON’BLE CHIEF METROPOLITAN
MAGISTRATE,
PATIALA HOUSE COURT, DELHI

CRIMINAL COMPLAINT NO._____2019

IN THE MATTER OF:-

EDIT ONE INTERNATIONAL …Complainant

Versus

MR. CHANDAN KUMAR JHA ...Accused

PS: NARAIN VIHAR

U/S. 138 NI Act

LIST OF DOCUMENTS

1. Copy of authorization letter.

2. Original Cheque bearing No.017957 dated 25.04.2019
3. Original Returning Memo dated 26.04.2019
4. Copy of Legal Notice dated 20.05.2019
5. Original postal receipts
6. Tracking reports
7. Any other documents with permission of this Hon’ble court.

Delhi.

Complainant
Dated:
Through

Vikas Nagwan,
(Advocates)
Juris Law Offices
3-C, AD Block, Outer Ring Road,
Pitampura, Delhi-110034
9999010507, 9999368137

jurislaw@outlook.com
 IN THE COURT OF HON’BLE CHIEF METROPOLITAN
MAGISTRATE, PATIALA HOUSE COURT, DELHI

CRIMINAL COMPLAINT NO._____2019

IN THE MATTER OF:-

EDIT ONE INTERNATIONAL …Complainant

Versus

MR.CHANDAN KUMAR JHA ...Accused

PS:NARAINA VIHAR
U/S. 138 NI Act

EVIDENCE BY WAY OF AFFIDAVIT

I, PANKAJ JAGYA, Partner of Edit One International Office at- A-32,

Phase-2, Naraina Industrial Area, New Delhi-110028 base on the
documents and record of the complainant Company, do hereby
solemnly affirm and declare as under:-

1. I the deponent say that the deponent is Partnership firm.

2. That I am the deponent in the above mentioned case and based

on the records of the complainant company, conversant with the

facts and circumstances of the case and that I am authorized and

competent to swear this affidavit. The copy of the authorization

letter is Ex. CW-1/1 (OSR).

3. I the deponent say that the deponent company is the Interactive

Multimedia Partnership firm which provides book and services

from the address mentioned above.

4. I the deponent say that he accused have issued aforesaid cheque

from an account maintained by the accused person in Allahabad

bank, Chandralok Complex, Ghatnagar Chowk- 812001.

5. I the deponent say that the accused in order to discharge his part

liability issued a cheque bearing no. 017957 dated 25/04/2019

drawn on Allahabad bank for a sum Rs 6,00,000/-(Rs Six Lakhs

Rupees Only).

6. I the deponent say that believing upon the good words to be true

and unaware of deceitful pretence of the accused, the deponent

accepted the aforesaid cheque.

7. I the deponent say that the aforesaid accused issued the cheque at

the time of issuance of the cheque bearing no. 017957 drawn on

Allahabad Bank assured that the said cheque shall be positively

honored upon presentation. The copy original Cheque is exhibited as

Ex- CW1/2.

8. I the deponent say that based on the assurance that the

aforementioned cheque shall positively be encashed as and when

presented by the deponent company presented the said cheque in

the account maintained by the company in YES Bank, Naraina

Vihar, New Delhi through CTS (CHEQUE Truncation System)

to the utter astonishment the aforementioned cheque has been

returned vide returning memo dated 26.04.2019 with remarks

 “EXCEEDS ARRANGEMENT”. The original returning

memo vide bank returning memo dated 26.04.2019 received

from YES Bank is exhibited as Ex- CW1/3.

9. I the deponent say that considering the conduct of the above

mentioned accused, the deponent issued a legal notice dated

20/05/2019, U/s 138 Negotiable Instrument Act, sent on

21/05/2019 demanding the accused person to pay the amount of

dishonored cheque within 15 days as per the mandate of section

138 of Negotiable Instrument Act, 1881. It is pertinent to

mention here that the legal notice dated 20/04/2019 have been

duly served through the Indian postal services speed post/Regd

A.D and courier receipts. Legal notice is exhibited as EX. CW-

1/4, courier receipting courier receipt is exhibited as EX. CW-

1/5 (Colly) & tracking report is exhibited as EX. CW-1/6.

10. I the deponent say that despite the lapse of statutory period of 15

days, the accused has neither paid the cheque amount nor has

contacted the complainant to discharge his liability.

11. I the deponent say that the accused have issued the cheque with

ulterior design and mala fide intentions to cheat the deponent

with the active knowledge that the said cheque shall not be

honored on presentation. It is imperative to mention here that the

accused have been duly served with the legal notice dated

20/05/2019 served on 25/05/2019 however even after the expiry

 of 15 days no payment has been made by the accused thus the

accused have committed offence under section 138 N.I Act and

have rendered themselves liable for the action for the said

offence.

12. I the deponent say that the accused had committed fraud and

cheated the deponent willfully and intentionally and as such the

accused is liable to criminal and civil prosecution under the

appropriate court of law.

13. I the deponent say that the accused has issued the cheque, which

was dishonored and on account of the above illegal acts and

omission on the part of the accused issued the cheque in question

on behalf of accused no.1 hence the accused is liable to the

prosecuted under section 138 of Negotiable Instrument Act as

amended up to date.

14. I the deponent say that the above facts makes it clear that

accused have mischievously and intentionally issued the above

said cheques with ulterior design and mala fide intentions to

cheat the deponent knowing well that the said cheque would not

be honored on presentation.

15. I the deponent say that the complainant is maintaining a bank

account at YES BANK, Naraina Vihar, New Delhi. This Hon’ble

court has jurisdiction to try and adjudicate the present complaint.

16. I the deponent say that the deponent has not filed any other

complaint regarding the same claim except the present

complaint.
 17. That the complaint has not filed any similar complaint

pertaining to the cheque in question before any other court.

18. That the complainant is exhibited as Ex CW-1/B.

19.That this affidavit is exhibited as CW-1/A and the deponent has

signed at two places on this affidavit i.e. Point A and Point B.

DEPONENT

VERIFICATION:-

Verified at Delhi on_____ day of June 2019 that all the contents of this

affidavit are correct and true to the best of my knowledge and nothing

material has been concealed thereupon.

DEPONENT