IN THE COURT OF LD.

MM, SOUTH DISTRICT,

SAKET COURT COMPLEX, NEW DELHI

CRIMINAL COMPLAINT NO ______2021

IN THE MATTER OF:

Shouryapuram-STPL COMPLAINANT

V/S

Mohit Kumar Arora and;

Ruchi Dawer& Anr. ACCUSED

PS: HAZARAT NIZAMUDIN

INDEX

Sl. No Particulars Page No

1. Index

2. Opening Sheet for Section 138 case

containing details in brief.

3 Memo of Parties
3. Complaint under section 138 of Negotiable
Instrument Act with list of witness and
list of documents.

4 List of Witness along with List of

Documents
4. ORIGINAL Power of Attorney in favour of
authorized representative of Complaint.
5. Copy of Sale Deed dated 15.11.2019
registered at duly executed The Sub
Registrar office, Sadar Pratham, Ghaziabad
bearing registration details as Book No.1,
Vol. No. 16948 from Page No. 299 to 434
at Serial No. 8625 duly executed between
the complainant and the Accused on OSR
basis.
6. ORIGINAL ledger account of the accused
as maintained in the books of account of
complainant.

7. Original cheque bearing No 0004956

dated 31.03.2021 issued by accused to
complainant company.

8. Original returning memo dated

13.04.2021 for cheque bearing no.
000496.

9. Original cheque bearing No 0004965

dated 31.03.2021 issued by accused to
complainant company.

10. Original returning memo dated

13.04.2021 for cheque bearing no.
000495.

11. Original cheque bearing No 000497 dated

31.03.2021 issued by accused to
complainant company.

12. Original returning memo dated

13.04.2021 for cheque bearing no.
000497.

13. Original Bank Statement of complainant

bank account evidencing dishonor of
cheque on dated

14. Original legal notice dated 28.04.2021

sent by complainant company to accused.

15. Original speed post receipts for sending

legal notice dated 28.04.2021 to accused
persons along with delivery report.

16. Original 65 B certificate under Indian

 Evidence Act.

17. Evidence by way of affidavit of the

complainant witness as CW-1 under
The Negotiable Instruments Act, 1881.

18. Vakalatnama

Through Counsel

__________________________________
(Praveen Mahajan, Advocate D/3225/A/1999)
Equi Law Partners, Advocates & Legal Consultants
Duplex No 200, Ashirwad Apartments,
Plot No 99, IP Extn, Patparganj, Delhi-92
Mob 09810620827
Email: Advocatemahajan27@gmail.com

Date:

Place:
 IN THE COURT OF LD. MM, SOUTH DISTRICT,
SAKET COURT COMPLEX, NEW DELHI

CRIMINAL COMPLAINT NO ______2021

IN THE MATTER OF:

Shouryapuram-STPL COMPLAINANT

V/S

Mohit Kumar Arora and;

Ruchi Dawer& Anr. ACCUSED

OPENING SHEET IN SECTION 138 OF NI ACT

SL. No. Particulars Details
1 Name and Address Shouryapuram-STPL
of Complainant
B-111, Sector-5, NOIDA (U.P.)-
201301
2 Name and address 1. Mr. Mohit Kumar Arora,
of Accused S/o Sh. Mukesh Kumar
Arora, A-13/34, DLF Phase-
I, Gurgaon, Haryana 122001

2. Mrs. Ruchi Dawer, W/o

Sh. Mohit Kumar Arora,
A-13/34, DLF Phase-I,
Gurgaon, Haryana 122001
3 Name of Police HAZARAT NIZAMUDIN
Station

4 Total Cheque Amount Rs.31,75,000 /-

5 Details regarding NA
any other cases U/s
138 NI Act
pending against
same accused (s)

A) Name of the NA
Court(s) where such
case is pending
 B) Complaint case NA
number

C) Next of hearing NA
before such Court(s)

6 Name of the drawer HDFC Bank, K-2, Jungpura

bank, its location Extension, New Delhi

7 Name of the drawee HDFC Bank, Vatika Atrium, A-

bank, its location Block, Golf Course Road, Sector
53, Gurgaon, 122002, Haryana

8 Cheque No. /Nos. 1. Cheque bearing No 0004956

dated 31.03.2021 of amount
Rs. 18,1500,000/-
2. Cheque bearing No 0004965
dated 31.03.2021 of amount
Rs. 18,0015,000
3. Cheque bearing No 000497
dated 31.03.2021 of amount
Rs. 5,60,000.

9 Signatory of Mohit Kumar Arora, S/o Sh.

the cheque/cheques Mukesh Kumar Arora

Reasons due to which

10 the cheque/cheques FUNDS INSUFFICIENT FUNDS
were dishonored;

11 Name of the persons 1. Mr. Mohit Kumar Arora, S/o

sought to be liable Sh. Mukesh Kumar Arora.
for commission of the Mrs. Ruchi Dawer, W/o Sh.
offence. Mohit Kumar Arora

12 Particulars of the 1. Legal Notice dated

legal notice and 28/04/2021 duly served to
status accused No. 1 as per the
of its service; exhibited postal receipt.

The notice was served at last known

address of the accused hence the same is
deemed to be duly served as per the
principals of law settled by Hon’ble
 Supreme Court in C.C. Alavi Haji V/s
Palapetty Muhammed and Anr.
MANU/SC/2263/2007
The notice was served at
the Gurgaon Address of the
accused and the same was
delivered on 06.05.2021 as
per the delivery report of
the postal department.

2. Legal Notice dated

28/04/2021 duly served to
accused No. 2 as per the
exhibited postal receipt.
The notice was served at
the Gurgaon Address of the
accused and the same was
delivered on 06.05.2021 as
per the delivery report of
the postal department.

13 Particulars of reply to No Reply despite receipt of

the legal notice, if Notice.
any.

Through Counsel

__________________________________
(Praveen Mahajan, Advocate D/3225/A/1999)
Equi Law Partners, Advocates & Legal Consultants
Duplex No 200, Ashirwad Apartments,
Plot No 99, IP Extn, Patparganj, Delhi-92
Mob 09810620827
Email: Advocatemahajan27@gmail.com
Place: Delhi
Date:
 IN THE COURT OF LD. MM, SOUTH DISTRICT,
SAKET COURT COMPLEX, NEW DELHI

CRIMINAL COMPLAINT NO ______2021

IN THE MATTER OF:

Shouryapuram-STPL,
Through its Authorized Representative
B-111, Sector 5, NOIDA,U.P 201301 COMPLAINANT

V/S

1. Mohit Kumar Arora,

S/o Sh. Mukesh Kumar Arora,
A-13/34, DLF Phase-I,
Gurgaon, Haryana,
122001. Accused No. 1

AND

2. Ruchi Dawer,
W/o Sh. Mohit Kumar Arora,
A-13/34, DLF Phase-I,
Gurgaon, Haryana,
122001. ACCUSED No. 2

PS: HAZARAT NIZAMUDIN

COMPLAINT UNDER SECTION 138 OF THE NEGOTIABLE

INSTRUMENTS ACT, 1881.

MOST RESPECTFULLY SHOWETH: -

The Complainant most respectfully submits as under: -

1. 1. That, the signatory of present complaint is Authorized Representative of

Complainant who is at presently working with complainant for gain and fully

conversant with facts of the complaint. The said Authorized Representative is duly

authorized by the Complainant to file and institute the criminal complaint for and

behalf of the Complainant by way of Special Power of Attorney executed by the

complainant. Therefore, the Authorized Representative is competent person to file

and prosecute the present complaint and lead the evidence in the case and to

perform all such action as may be necessary for the due prosecution of the case for

and on behalf of the Complainant.

2. That Shouryapuram-STPL (hereinafter referred to as

“complainant”) is an association of person of various

companies and business identities and my clientThe

Complainant in normal course of business commenced a

project namely “Shouryapuram-STPL” at Village Bamheta,

NH24, Ghaziabad, Uttar Pradesh (hereinafter referred to as

“said project”). The details of licensing and status of said

project are facts well known to the noticee Accused named

above said and were more vividly described in Sale Deed

15.11.2019 executed between the parties (hereinafter

referred to as “GDA”).
2. That the accused persons aforesaid contacted my clientthe

Complainant and showed their interest for purchaseing a of

residential unit in said project. of my client. That after various

rounds of negotiations with the accused and after getting

satisfied with the terms and conditions of booking and

allotment, the accused persons stated above have finalized a

residential flat being “Flat No. 201, Second Floor, Pocket F,

Type G, admeasuring area of 146.32 Sq. Mtrs consisting of 1

drawing room, dining room, 3 bed room, 1 kitchen, 3 toilet,

built on Plot No F-56 with roof rights situated at integrated

township situated at Zonal A Revenue Village, Shahpur

Bamheta Pargana Dasna Teshil & District Ghaziabad, Uttar

Pradesh” (hereinafter referred to as “Said flat”) for a total

consideration of Rs.62,75,000/- (hereinafter “sale

consideration”) which the accused persons abovesaid

undertook to pay as per the registered sale deed of said flat.

3. 4. That as per the agreed terms and conditions, by the accused,

the complainant had registered the sale deed of said flat in the name of the

accused by virtue of Sale Deed dated 15.11.2019the complainant

executed the Sale Deed dated 15.11.2019 registered at The

Sub Registrar office, Sadar Pratham, Ghaziabad bearing

 registration details as Book No.1, Vol. No. 16948 from Page

No. 299 to 434 at Serial No. 8625 (hereinafter referred to as

“Sale Deed”) of the “said flat” in the favor of both the

accused persons for transferring the title of said flat with

earnest belief of receiving the entire sales consideration from

the accused persons aforesaid.

4. That the mode of payment to discharge the consideration and the legally payable

debt for the said flat being the sale consideration for said flat was mentioned in

sale deed itself which was duly executed on 15.11.2019. That as per sale deed

apart from the part payment made by the accused, the cheques were also

mentioned in said sale deed which were handed over to the complainant towards

the legally payable debt being the sale consideration of said flat at the time of

execution of sale deed itself. The said cheques were handed over to the

complainant with the assurance that said cheques shall be encashed on due

presentation without any fail thus said cheques were not the security cheques but

rather the cheques were handed over to the complainant for the payment of sales

consideration of the said flat.

2. 5.

3. That after registration of said sale deed, the Accused persons aforesaid requested the

complainant to accommodate some time to arrange for the payment of the said

cheques as they apprised the complainant that the said cheques are facing liquidity
problem. That after repeated follow up the accused persons aforesaid instructed the

complainant to present the said cheques bearing No. 000495 for Rs. 18,15,000/-,

Cheque No. 000496 for Rs. 08,00,000/-, Cheque No. 000497 for Rs. 05,60,000/- all

drawn on HDFC Bank, Sector 56, Gurgaon, Haryana totaling Rs. 31,75,000/-

(hereinafter referred to as “said cheques”) in order to pay the legally payable

balance sales consideration of Rs. 31,75,000/- in respect of the said plot and further

the accused persons aforesaid had assured the complainant that the said cheques

shall be duly honored at the time of presentment.

That at the time of registration of said sale deed out of total

consideration of Rs. 62,75,000/- the accused persons

aforesaid paid Rs 31,00,000/- Vide DD No. 919997 dated

13.11.2019 drawn on PNB, Gurudawra Road, Karol Bagh,

New Delhi and furthermore by way of Cheques bearing No

000495 for Rs 18,15,000/-, Cheque No 000496 for Rs

8,00,000/-, Cheque No. 000497 for Rs 5,60,000/- all drawn

on HDFC Bank, Sector-53, Gurgaon, Haryana thus in the

manner aforesaid both the accused persons issued the said

cheques from their joint bank account and further undertook

to pay the balance consideration of Rs 31,75,000/- by way

of aforesaid cheques to the complainant. The said

consideration was duly stated in the said sale deed as well.

6. That after registration of said sale deed, the accused persons

aforesaid requested the complainant to accommodate some

time to arrange for the payment of said cheques as they

apprised to the complainant that said accused persons are

facing the liquidity problem. That after repeated follow up

both the accused persons aforesaid instructed the

complainant to present the said cheques bearing No. 000495

for Rs 18,15,000/-Cheque No 000496 for Rs 8,00,000/-,

Cheque No 000497 for Rs 5,60,000/- all drawn on HDFC

Bank Sector 4, Noida, Uttar Pradesh totaling Rs 31,75,000/-

(hereinafter referred to as “said cheques”) in order to pay

the legally payable balance sales consideration of Rs

31,75,000/- in respect of said flat and further both the

accused persons had assured the complainant that said

cheques shall be duly honored at the time of presentment.

7. That the “said cheques” were drawn in favor of the

complainant for the payment of aforesaid legally payable debt

on the unconditional assurance that same would be honored

on presentation, accordingly “said cheques” were duly

presented by my client to their bankers i.e., HDFC Bank, for

the encashment, but to the utter surprise and dismay of the

 complainant “said cheques” were dishonored as per the

following details: -

A) Cheque No. 000495 dated 31.03.2021 amounting Rs

18,15,000/- dishonored for the reasons “Funds

Insufficient” vide returning memo dated 13.04.2021

B) Cheque No. 000496 dated 31.03.2021 amounting Rs

8,00,000/- dishonored for the reasons “Funds Insufficient”

vide returning memo dated 13.04.2021.

C) Cheque No. 000497 dated 31.03.2021 amounting Rs

5,60,000/- dishonored for the reasons “Funds Insufficient”

vide returning memo dated 13.04.2021.

The reasons aforesaid stated in the cheque return memo

clearly falls within the purview of Section 138 of the NI Act.

8. That, the accused persons aforesaid at first instance had

undertook to pay the balance sales consideration amount

against the said flat as per the due execution of sale deed.

That the liability to pay the balance sales consideration is

 joint and as well several for both the accused persons,

furthermore both the accused persons duly issued the

cheques from their joint bank account to pay the balance

sales consideration by way of issuance of said cheques and

said balance sales consideration cheques were duly stated in

said sale deed. In view of same the accused persons have

mischievously, intentionally, deliberately and malafidely

issued the said cheques against the legally payable debt and

further instructed the complainant to present the same for

encashment knowing full well that said cheques on the

presentation would never be honored.

9. That, in the manner aforesaid the Accused has induced the complainant for

execution of said sale deed on the false pretext of paying the balance sales

consideration against the said flat after the execution of said sale deed and further

convinced the complainant to accept aforesaid cheques and thereafter

intentionally allowed to dishonour the said cheques which was under the full

knowledge of the Accused. In view of same the Accused has exercised no due

diligence to prevent the commission of offence hence the Accused is liable to be

prosecuted for an offence under section 138 of the Negotiable Instruments Act.

10. The intimation of said dishonor of cheque was given to the complainant

vide returning memos as listed hereinabove for the said cheque which
 ultimately referable to reasons falling within the purview of section 138

of Negotiable Instruments Act.

11. That the Accused being the person directly instrumental in executing the said

sale deed, and is also the signatory of the said dishonoured cheques. Thus, the

Accused has mischievously, deliberately and malafidely issued the aforesaid

cheques and further instructed the complainant to present the same for the

encashment knowing full well that said cheque on presentation would never be

honoured.

12. That, in the manner aforesaid Accused at the first instance have induced the

complainant to execute the sale deed for Rs. 62,75,000/- on the false pretext of

paying Rs 31,75,000/- (Balance consideration) and thereafter intentionally

defaulted in honoring the aforesaid cheque as per the said Sale deed and then

further convinced the complainant to accept aforesaid cheques for the part

payment of the said amount.

13 Thus, the accused intentionally caused to allow to dishonor the said cheques

which was under the full knowledge of the accused. Further the accused exercised

no due diligence to prevent the commission of offence, and accordingly the

accused have committed an offence by dishonoring the said cheques. Hence the

accused is liable to be prosecuted being directly involved in the commission of

offence as stated under section 138 of The Negotiable Instruments Act.

14 That, on account of dishonor of said cheques the complainant through its

advocate, sent legal notice dated 28.04.2021 to the accused by way of Speed post

under Section 138 of The Negotiable Instrument Act, 1881, calling upon the

accused to pay the amount of dishonored Cheques, within 15 days as envisaged

under Negotiable Instruments Act, 1881. That, it is pertinent to mention that notice

sent through the speed post and on the last known address of the accused which is

not sent unserved by the Postal Department hence the accused shall deemed to be

duly served, thus present complaint is filed within the prescribed limitation period

and full compliance of the Negotiable Instruments Act.

15 That said cheques having been dishonored and further upon the failure of the

Accused to make full payment against the same, the Accused is deemed to have

committed an offence under Section 138 of The Negotiable Instruments Act, 1881

and is liable to be punished accordingly.

16 That the said cheques had been issued by the accused against the legally

payable debt due towards the Complainant and the Complainant has duly

presented the said cheques within the validity period of the cheques. The

Complainant has received the returned cheques along with bank return memos on

13.04.2021 for said cheques and legal notice for dishonor of the said cheque U/s

138 of the Negotiable Instruments Act was duly sent on 29.04.2021 thus present

complaint is not time barred as per section 142(b) of the NI Act.

17.That the said cheque in question was presented for payment and encashment at the

banker of the complainant i.e. HDFC Bank, K2, Jangpura Extension, New Delhi, where

the bank account of the complainant is maintained, hence the cause of action for dishonor

of the aforesaid cheque has inter alia arisen at South District within local jurisdiction of

this Hon’ble Court therefore, this Hon’ble Court has jurisdiction to try and adjudicate the

present complaint.

PRAYER

It is, therefore, humbly prayed that accused may kindly be summoned and punished under
section 138 of The Negotiable Instrument Act, 1881 and may please be given the
punishment of imprisonment for 2 years as well as penalty of amount equivalent to
double the amount of the Cheques or such other amount as this Hon’ble court may deem
just, Further under facts and circumstances of the case, the compensation/fine may please
be directed to be paid to the Complainant in lieu of the dishonored cheques and the
accused be tried and punished as per the provisions of law and/or to pass any such order
as may be deem fit by the Hon’ble Court in the fact and circumstances of the case

_____________________

(For and behalf of the Complainant)

Through Counsel
___________________________________
(Praveen Mahajan, Advocate D/3225/A/1999)
Equi Law Partners, Advocates & Legal Consultants
Duplex No 200, Ashirwad Apartments,
Flat No 99, IP Extn, Patparganj, Delhi-92
Mob 09810620827
Email: Advocatemahajan27@gmail.com
PLACE: DELHI
DATE:.