IN THE COURT OF JUDICIAL MAGISTRATE, 1ST CLASS,

GURGAON.

CRIMINAL COMPLAINT No of 2016.

In the matter of:-
Tejveer,
S/o. Sh. Amar Nath Yadav,
R/o. Village Wazirabad, Gurgaon,
Tehsil & District Gurgaon. ..…. Complainant

Versus

Mr. Ashis Yadav, S/o. Sh. Tulsi Ram Yadav,

R/o. House No.641, Village Majra,
Rewari-123102.

Also at:-
House No.443, Sector-40, Gurgaon. ….. Accused.

COMPLAIN U/S.138 READ WITH SECTION 141 OF THE

NEGOTIALBE INSTRUMENTS ACT, 1881 AS AMENDED
UPTO DATE.

Sir,
It is most respectfully submitted as under :--

1. That the complainant is the permanent resident of the above

mentioned address. The complainant and accused person are having
friendly relations between them.

2. That the accused had taken a friendly loan of Rs.42,000/- from

the complainant in the month of September, 2015. The accused has
promised and assured for the repayment of loan amount and for that he
has issued cheque No.000013 dated 05.10.2015 for Rs.42,000/-
(Rupees Forty Two Thousand Only) drawn at HDFC Bank, L-203,
Model Town, Rewari-123401 in order to discharge his liability. The
copy of the original cheque is annexed herewith.
3. That at the time of issuance of the cheque the accused had
promised to the complainant that the cheque in question shall be got
encased immediately on the due date or its presentation in the Bank.

4. That the complainant as per the assurance given by the accused

had presented/deposited the cheque bearing No.000013 dated
05.10.2015 of Rs.42,000/- in his account i.e. Axis Bank Ltd. Phase-II,
Sector-57, Gurgaon on 02.11.2015 within the period of its validity but
the same returned by the banker’s of the accused to the banker of the
complainant with the remarks “PAYMENT STOPPED BY
DRAWER. The return memo dated 03.11.2015 is Annexed herewith.

5. That upon the above intimation regarding the return of the

aforesaid cheque unpaid, the complaint got served a legal notice dated
16.11.2015 Under Section 138 of the Negotiable Instrument Act,
1981(as amended upto date), upon the accused on his correct address
through registered post vide postal receipts Nos.EH534795900IN and
RH067060329 dated 19.11.2015 calling upon him to make the payment
of the cheque amount within 15 days from the date of receipt of the
notice.

6. That the legal notice sent vide receiptNo.EH735583155IN,

EH735583164IN & EH735583147IN delivered to the accused persons
on 11.02.2015, 12.2.2016 & 15.02.2016 respectively. But despite the
receipt of the said legal notices, the accused persons failed to make the
payment of aforesaid cheques amount within the stipulated period of 15
days therefrom.
7. That the legal notice sent vide receiptNo.EH534795900 in
delivered on 20.11.2015 and another legal notice has also not been
received back undelivered. Therefore as per the provisions envisaged
under section 27 of the General Clauses Act,1897, the service of the
said notice shall be deemed to have been effected upon the accused
within 2/3 days from the date of their dispatch within which the letter
would have been delivered in the ordinary course of business upon the
accused. As such the notices sent to the accused served upon him. But
despite the receipt of the said legal notice, the accused failed to make
the payment of aforesaid cheque amount within the stipulated period of
15 days therefrom.
7. That the stipulated period of 15 days for making the payment of
the cheque amount after the receipt of the aforesaid legal notice on
12.02.2016 expired on 27.2.2016.

8. That the cheque in question has returned unpaid by the bankers

of the accused for the reason “Payment Stopped By Drawer” which
constitutes an offence as contemplated under Section 138 of the said
Act, 1881.

9. That the cause of action for the purpose of filling the present
complaint has occurred to the complainant on 06.12.2015, because the
stipulated period of 15 days for making the payment of the cheques
amount after the receipt of the legal notice on 20.11.2015 expired on
06.12.2015 but the accused failed to make the payment of the cheque
amount within the stipulated periods.

10. That the present compliant is being filed within the stipulated
period of one month from the date of cause of action, hence the present
complaint is within the period of limitation.

11. That this Hon’ble Court has got jurisdiction to try, entertain and
decide the present complaint as the Bank of the complainant situated
within the territorial jurisdiction of this Hon’ble Court. Hence the
present complaint.

It is, therefore most respectfully prayed that the accused may

kindly be summoned, tried and punished under section 138 of the
Negotiable Instrument Act,1881 as amended up to date.

Pass any order or further order(s) as this Hon’ble Court may

deem fit and proper, in the interest of justice.

Complainant
Gurgaon
Date: 02.01.2016
Tejveer,
S/o. Sh. Amar Nath Yadav,
 R/o. Village Wazirabad,
Gurgaon, Tehsil & District
Gurgaon.

List of witnesses on behalf of the complainant:-

1. Complainant in person.
2. Officials of the bankers of the accused as well as of the
complainant to be summoned with the relevant records.
3. Officials of the concerned postal department.
4. Any other witnesses in rebuttal.
IN THE COURT OF JUDICIAL MAGISTRATE, 1ST CLASS,
GURGAON.

CRIMINAL COMPLAINT No Of 2016.

In the matter of:-

Tejveer ..…. Complainant
Versus
Mr. Ashis Yadav ……. Accused.

List Of Documents.
1. Original returned cheque bearing No.000013 dated
05.10.2015 of Rs.42,000/- drawn at HDFC Bank, L-203,
Model Town, Rewari-123401.

2. Return memo dated 03.11.2015 issued by Axis Bank Ltd.

Phase-II, Sector-57, Gurgaon.

3. Copy of the Legal notice dated 16.11. 2015.

 4. Postal receipts Nos.EH534795900IN and RH067060329
dated 19.11.2015.

Gurgaon.
Date:
Complainant

IN THE COURT OF JUDICIAL MAGISTRATE, 1ST CLASS,

GURGAON.
CRIMINAL COMPLAINT No Of 2016.
In the matter of:-
Tejveer ..…. Complainant
Versus
Mr. Ashis Yadav ……. Accused.

COMPLAIN U/S 138 READ WITH SECTION 141 OF THE

NEGOTIALBE INSTRUMENTS ACT, 1881 AS AMENDED UPTO
DATE.

AFFIDAVIT
I, Tejveer, S/o. Sh. Amar Nath Yadav, R/o. Village Wazirabad,
Gurgaon, Tehsil & District Gurgaon do here by solemnly affirm and
declare as under:-

1. That the deponent is the complainant in the above noted

complaint and is well conversant with the facts of case and even
otherwise competent to swear this affidavit.

2. That the accompanying complaint has been drafted by my

counsel under my instruction which are true and correct and the
contents of the complaint may kindly be read as part and partial of this
affidavit as the same are not repeated herein for the sake of brevity.
 DEPONENT
VERIFICATION:-
Verified at Gurgaon on this Day of January, 2016
that the contents of the above affidavit are true and correct to the best of
my knowledge no part thereof is false and nothing material has been
concealed therein.

DEPONENT

IN THE COURT OF JUDICIAL MAGISTRATE, 1ST CLASS,

GURGAON.

CRIMINAL COMPLAINT No Of 2016.

In the matter of:-
Tejveer ..…. Complainant
Versus
Mr. Ashis Yadav ……. Accused.

COMPLAIN U/S 138 READ WITH SECTION 141 OF THE

NEGOTIALBE INSTRUMENTS ACT, 1881 AS AMENDED UPTO
DATE.

AFFIDAVIT

I, Tejveer, S/o. Sh. Amar Nath Yadav, R/o. Village Wazirabad,

Gurgaon, Tehsil & District Gurgaon do here by solemnly affirm and
declare as under:-

1. That the deponent is the complainant in the above noted

complaint and is well conversant with the facts of the case and even
otherwise competent to swear this affidavit.

2. That the deponent is the permanent resident of the above

mentioned address. The deponent and accused person are having
friendly relations between them.

3. That the accused had taken a friendly loan of Rs.42,000/- from

the deponent in the month of September, 2015. The accused has
promised and assured for the repayment of loan amount and for that he
has issued cheque No.000013 dated 05.10.2015 for Rs.42,000/-
(Rupees Forty Two Thousand Only) drawn at HDFC Bank, L-203,
Model Town, Rewari-123401 in order to discharge his liability. The
original cheque is Ex.CW-1/1.

5. That at the time of issuance of the cheque the accused had

promised to the complainant that the cheque in question shall be got
encased immediately on the due date or its presentation in the Bank.
6. That the complainant as per the assurance given by the accused
had presented/deposited the cheque bearing No.000013 dated
05.10.2015 of Rs.42,000/- in his account i.e. Axis Bank Ltd. Phase-II,
Sector-57, Gurgaon on 02.11.2015 within the period of its validity but
the same returned by the banker’s of the accused to the banker of the
complainant with the remarks “PAYMENT STOPPED BY
DRAWER. The return memo dated 03.11.2015 is Ex.CW-1/2.
7. That upon the above intimation regarding the return of the
aforesaid cheque unpaid, the complaint got served a legal notice dated
16.11.2015 Under Section 138 of the Negotiable Instrument Act,
1981(as amended upto date), upon the accused on his correct address
through registered post vide postal receipts Nos.EH534795900IN and
RH067060329 dated 19.11.2015 calling upon him to make the payment
of the cheque amount within 15 days from the date of receipt of the
notice.
8. That the legal notice sent vide receiptNo.EH534795900 in
delivered on 20.11.2015 and another legal notice has also not been
received back undelivered. Therefore as per the provisions envisaged
under section 27 of the General Clauses Act,1897, the service of the
said notice shall be deemed to have been effected upon the accused
within 2/3 days from the date of their dispatch within which the letter
would have been delivered in the ordinary course of business upon the
accused. As such the notices sent to the accused served upon him. But
despite the receipt of the said legal notice, the accused failed to make
the payment of aforesaid cheque amount within the stipulated period of
15 days therefrom. The copy of the legal notice and postal receipts are
Ex. Ex.CW-1/3, 1/4 and 1/5.
9. That the stipulated period of 15 days for making the payment of
the cheque amount after the receipt of the aforesaid legal notice on
20.11.2015 expired on 05.12.2015.
10. That the cheque in question has returned unpaid by the bankers
of the accused for the reason “Payment Stopped By Drawer” which
constitutes an offence as contemplated under Section 138 of the said
Act, 1881.

11. That the cause of action for the purpose of filling the present
complaint has occurred to the complainant on 06.12.2015, because the
stipulated period of 15 days for making the payment of the cheques
amount after the receipt of the legal notice on 20.11.2015 expired on
06.12.2015 but the accused failed to make the payment of the cheque
amount within the stipulated periods.

12. That the present compliant is being filed within the stipulated
period of one month from the date of cause of action, hence the present
complaint is within the period of limitation.

13. That this Hon’ble Court has got jurisdiction to try, entertain and
decide the present complaint as the Bank of the complainant situated
within the territorial jurisdiction of this Hon’ble Court. Hence the
present complaint.

DEPONENT
VERIFICATION:- Verified at Gurgaon on this Day
of January, 2016 that the contents of the above affidavit are true and
correct to the best of my knowledge no part thereof is false and nothing
material has been concealed therein.

DEPONENT

IN THE COURT OF JUDICIAL MAGISTRATE, 1ST CLASS,

GURGAON.

CRIMINAL COMPLAINT No Of 2016.

In the matter of:-
Tejveer ..…. Complainant
Versus
Mr. Ashis Yadav ……. Accused.
 INDEX

Sr. Particulars Court Page

No. Fees No.

1. Complaint along with affidavit 10/-

2 Preliminary evidence by way of

affidavit of a complainant.
3 List of documents
4 Cheque in original No.000013 of
Rs.42,000/-
5 Return Memo dated 03.11.2015

6 Legal Notice

7 Postal receipt dated 19.11.2015

8 Vakalatnama 2/-