IN THE COURT OF ADDITIONAL CHIEF METROPOLITAN

MAGISTRATE AT BANGALORE.
P.C.R.No_______________/2011

C.C. No._______________/2011

Complainant : Sri.Manmohan Singh Gadhok

S/o G.S.Gadhok,
Aged about 53 years,
No.22, 2nd Floor,
5th Main Road,
Jayamahal Extension,
Bangalore

V/s

Accused : Srimati Soni Ajwani

D/o Mr.N.H.Ajwani,
Aged about 40 years,
Maniksmurthy Flats,
301(3rd Floor),
Opposite Lakshmi Niwas,
16th Road, Khar West,
Mumbai-400052.

COMPLAINANT UNDER SECTION 200 OF THE CODE OF

CRIMINAL PROCEDURE READ WITH 138 OF NEGOTIABLE
INSTRUMENT ACT
1. The address of the parties for the purpose of issue of Court
Notices, Summons etc., from this Hon’ble Court are as shown
in the cause title. The complainant may also be served through
his Advocates G.Chandrashekar Shetty, Advocates, No 10/6,
Pasha Apartment, 1st Main, Laljinagar, Bangalore – 560 030.

2. The address of the accused for the purpose of issue of Court

Notice, Summons, Warrants, etc., are as stated in the cause
title.
3. The complainant submits that the accused had offered to
organize for 10 airline return tickets for domestic travel as well
as 10 airline return tickets for International travel for
Rs.45,000/- (Rupees Forty Five Thousand Only) and
Rs.2,50,000/-(Rupees Two Lakh Fifty Thousand Only)
respectively. The complainant transferred Rs.45,000/-(Rupees
Forty Five Thousand Only) on 29th May 2011 from his ICICI
Bank Acc No 625201050888 (internet banking reference
228180296), Rs.50,000/-(Rupees Fifty Thousand Only) on 6 th
June 2011 his ICICI Bank Acc No 625201050888 (internet
banking reference 230444191) and Rs.2,00,000/-(Rupees Two
Lakhs Only) on 7th June from HSBC Acc 132426115006
(internet banking ref 1002211) to Accused ICICI Bank account
No 020901519477 (Santa Cruz Branch) and followed that up
with providing accused with his travel details. Despite repeated
follow up, the complainant did not receive the tickets as
promised by the accused. When the complainant insisted on
accused returning the money, the accused issued an account
payee cheque dated 30.09.2011 bearing No.006685 drawn on
ICICI Bank Bandra West Branch drawn in favor of my client, for
a sum of Rs.2,95,000/-(Rupees Two Lakhs Ninety Five
Thousand Only) being the totally due from the accused. On
presentation of the said cheque by the complainant through his
banker Honk Kong and Shanghai Bank Corporation Bank MG
road Branch, Bangalore, to the utter surprise of the complainant
the above said cheque has been dishonored by accused bank on
04.10.2011 with an Endorsement “Funds Insufficient” and the
same was intimated to the complainant through courier mail
which reached the complainant on 6th Oct 2011.
4. The complainant submits that immediately after dishonor of
said cheque the complainant has intimated the accused through
Telephonic Call and further the complainant has requested the
accused to pay the Cheque amount. But the accused has
neglected the request and demand made by the complainant.
The complainant got issued the legal notice to the accused
hereon on 03.11.2011 calling upon the accused herein calling
upon him to pay the amount towards the cheque within 15
days from the receipt of the said notice. The notice has been
sent to accused through RPAD. The notice send to the Accused
was returned as “Unclaimed” on 28.11.2011. The accused has
purposefully evaded to receive the legal notice. The accused has
failed to make payment within 15 days from the date of
intimation of the said notice. The accused has committed an
offence Under Section 138 of N.I. Act. He has issued the said
cheque knowing fully aware that the said cheque will be
dishonoured, his intention is to cheat the complainant herein.
Hence the accused have committed an offence punishable Under
Section 138 of N.I. Act.

5. The complainant submits that the complainant has presented

the cheque for encashment on 30.09.2011 and the same was
returned with the shara Exceeds Arrangements” on 04.10.2011.
The complainant has got issued legal notice on 03.11.2011 the
notice was returned as Unclaimed on 28.11.2011. The accused
have failed to make the payment within 15 days. Hence the
above complaint is filed with in one month from the date of
cause of action. Hence the above complaint is in time.

6. The complainant submits that cause of action for the complaint

arose on 30.09.2011 when the accused failed to comply the legal
notice. The complainant is residing at Bangalore and the cheque
 was presented through Honk Kong and Shanghai Bank
Corporation Bank MG road Branch, Bangalore, which are in
Bangalore City within Jurisdiction of this Hon’ble Court.

Wherefore, the above named complainant prays that this

Hon’ble Court may be pleased to receive the above complaint take
the cognizance of the offence committed by the accused, registered
the complaint against the accused under section 138 of Negotiable
Instrument Act. and punish the accused in accordance with law, in
the interest of justice and equity.

Advocate for the Complainant Complainant

VERIFICATION
I, Manmohan Singh Gadhok, the above named complainant,
do hereby declare that what is stated above is true to the best of my
knowledge, belief and information.

Bangalore,
Date: Complainant
List of Documents

1. Cheque bearing No.006685 dated 30.09.2011 for a sum of

Rs.2,95,000/-.
2. Bank Endorsement dated:04.10.2011
3. Legal Notice dated 03.11.2011
4. The Returned RPAD Cover

WITNESSES
1. The Complainant
2. Branch Manager,
Honk Kong and Shanghai Bank
Corporation Bank, MG road Branch,
Bangalore

3. Branch Manager,
ICICI Bank,
Bandra West Branch.
Mumbai

Advocate for Complainant Complainant

Bangalore.
Date:
 IN THE COURT OF XIII ADDITIONAL CHIEF METROPOLITAN
MAGISTRATE AT BANGALORE.
P.C.R.No5056/2011
Complainant : Moiz.S.Lodhger

V/s

Accused : Rajashekar Nair

Sworn statement by way of affidavit

I, Sri.Moiz.S.Lodhger S/o Shaibbir Lodhger, Aged about years,
Proprietor “Simplex Enterprises”, No.152/153, S.P.Road,
Bangalore-02, do hereby solemnly affirm and state on oath as
follows:-

1. I submit that I am the complainant in this case and fully

conversant with the facts of the case. Hence, I am swearing to
this affidavit.

2. I submit that I am doing a business in selling of bolts, nuts and

screws etc.,. The accused is one of the customer, who used to
purchase bolts, nuts, screws of different sizes from me by raising
Invoices. On 22.06.2010 the accused has purchased bolts,
screws and nuts of different sizes by raising Credit Invoice
bearing No.5126 for a total sum of Rs.44,100/- including VAT
and the accused has also further purchased bolts, screws and
nuts once again on 11.08.2010 for a sum of Rs.46,620/- raising
Credit Invoice bearing No.5268. Towards payment of said
transactions the accused has issued two cheques (i) cheque
bearing No.008141 dated 15.07.2010 for a sum of Rs.44,100/-
(ii) Cheque bearing No.009882 dated 23.08.2010 for a sum of
Rs.46,620/-, drawn on Bank of India, Whitefield Branch,
Contd.2
 -2-
Bangalore. As per the instructions of the accused I have
presented the said cheques for encashment on 10.01.2011. Both
cheques were dishonoured with shara “Exceed Arrangements”
on 11.01.2011.

3. I submit that I have presented the said cheques for encashment

through his banker, ICICI Bank, OTC Road Branch, Bangalore,
as per instruction accused. On presentation the said cheques
were dishonoured with the shara “Exceeds Arrangements". I
have got issued the legal notice to the accused hereon on
18.01.2011 calling upon the accused herein calling upon him to
pay the amount towards the cheques within 15 days from the
receipt of the said notice. The notice has been sent to accused
through RPAD and also through UCP. The notice send to the
Accused was duly served on 21.01.2011. The accused has failed
to make payment within 15 days from the receipt of the said
notice. The accused has committed an offence Under Section
138 of N.I. Act. He has issued the said cheques knowing fully
aware that the said cheques will be dishonoured, his intention is
to cheat me. Hence, the accused have committed an offence
punishable Under Section 138 of N.I. Act.

4. I submits the notice sent to the Accused through RPAD was duly
served on 21.01.2011. The accused has failed to make payment
within 15 days from the receipt of the said notice. After service of
the notice the accused neither paid any amount towards the
cheques and nor replied.

5. I submit that I have presented the cheques for encashment on

10.01.2011 and the same was returned with the shara Exceeds
Contd.3
 -3-
Arrangements” on 11.01.2011. I have got issued legal notice on
18.01.2011 the notice was served to the accused on
21.01.2011. The accused have failed to make the payment
within 15 days. Hence, the above complaint is filed with in one
month from the date of cause of action.

6. I submit that cause of action for the complaint arose on

06.02.2011 when the accused failed to comply the legal notice
though he received the same on 21.01.2011 and the accused are
residing at Bangalore and the cheques were issued from Bank Of
India, White Field Branch, Bangalore and the complainant
presented through ICICI Bank, O.T.C Road Branch, Bangalore,
which are in Bangalore City within Jurisdiction of this Hon’ble
Court.

7. I submit that I have produced the two cheques bearing

No.008141, dated on 15.07.2010 for a sum of Rs.44,100/- and
cheque bearing no.009882, dated on 23.08.2010 for a sum of
Rs.46,620/-, drawn on Bank of India, Whitefield Road,
Bangalore, which may be marked as Ex.P1 and P2. I have
produced the Bank Endorsements two in number, which may be
marked as Ex. P3 & P4. I have produced the Office copy of the
legal notice which may be marked as Ex. P5. I have produced
the Postal Acknowledgement which may be marked as Ex. P6. I
have produced proof regarding U.C.P. which may be marked as
Ex.P7.

8. I submit that the accused have committed an offence punishable

under Sec.138 of Negotiable Instrument Act. I have filed the
above petition to take the congnizance of the offence committed
by the accused, pass an order to register the complaint against
Contd.4
 -4-
the accused under section 138 of N.I.Act and section 420 of
I.P.C and punish the accused persons. Hence this hon'ble court
may be pleased to take the cognizance of the offence against the
accused and issue summons to the accused and punish the
accused according to law.

I, Moiz.S.Lodhger, the above named deponent do hereby declare

that what is stated above is true to the best of my knowledge and
belief

Identified by me

Deponent
Advocate
Bangalore
Date:30.04.2011
7. The Complainant submits that the accused no.1 and 2 are the partners of M/s Amulya Projects. The
accused no.1 and 2 have purchased the property from the complainant company and got the sale deed
registered in favour of M/s Amulya Projects on 16.09.06. The accused no.1 and 2 have issued two
cheques towards two sale deeds for a sum of Rs.50,00,000/- each. bearing No.083453, dated on
30.10.2006 and cheque bearing no.083454, drawn on UTI BANK LTD, Jayanagara IV Block,
No.55/5, 30th Cross, 13th Main, Bangalore-11, drawn in favour of complainant towards the
consideration of the said sale deeds you have issued the said cheques promising complainant that
accused are having sufficient balance at their account and on presentation the said cheques will be
honoured.

8. The complainant submits that complainant herein has presented the cheque for encashment through his
banker UNION BANK OF INDIA, Koramangala, Bangalore, as per your instruction on 22.04.07. The
said cheques were returned dishonoured with the shara “FUNDS INSUFFICIENT” on 23.04.07. The
complaint got issued the legal notice to the accused hereon on 11.05.2007 calling upon the accused
herein calling upon them to pay the amount towards the cheques within 15 days from the receipt of
the said notice. The notice send to the Accused No.1 and 2 was duly served on 15.05.2007. The
accused have failed to make payment within 15 days from the receipt of the said notice. The accused
have committed on

Contd.3
 -3-
offence Under Section 138 of N.I. Act. They have issued the said cheques knowing fully aware that
the said cheques will be dishonoured their intention is to cheat the complainant herein. Hence the
accused have committed an offence punishable Under Section 138 of N.I. Act.

9. The complainant submits that the cheques were issued towards the sale transactions and the cheque
has been issued for the sale consideration and there is a debt liability on the part of the accused
persons. At the time of issuance of cheque the accused have promised that they have got sufficient
fund in their account and on presentation the cheques will be honoured. The accused persons have
deliberately failed to arrange the funds with an intention to cheat the complainant there by to cause
wrongful loss to the complainant and to have wrongful gain. They have committed an offence under
section 138 of N.I.Act and section 420 of I.P.C.

10. The complainant submits that the complainant has presented the cheques for encashment on
22.04.2007 and the same was returned with the shara INSUFFICEINT FUNDS on 23.04.07. The
company has got issued legal notice on 11.05.2007 the notice was served to the accused on
15.05.2007. The accused have failed to make the payment within 15 days. Hence the above complaint
is filed with in one month from the date of cause of action. Hence the above complaint is in time.