IN THE COURT OF SUB DIVISIONAL JUDICIAL MAGISTRATE TALWANDI SABO

Baltej Singh s/o Sh.Budh Singh resident of,Natt Road Talwandi Sabo Tehsil Talwandi
Sabo Distt Bathinda.

........Complainant

Versus

Gulshan Kumar s/o Prem Kumar R/O Khot Wala rah Gali no 19, Talwandi sabo.Teh.
Talwandi Sabo, Distt Bathinda.

........Accused

Complaint u/s 138 read with section

142 of Negotiable Instruments

Act 1881 as amended up to date

*********

Sir,

The complainant submits as under:-

1. That on 15-05-2021 accused issued a cheque no. 000001 dated 15-05-2021

for a sum of Rs. 150,000/- drawn on Baroda Bank, Branch Talwandi Sabo in
favour of complainant out of his account no.56540100003557 to discharge
of his liability towards complainant.Orignal cheque is attached.

2. That complainant holds an account with State Bank of India Talwandi Sabo
Distt. Bathinda and he presented the above mentioned cheque for
 realization of the said cheque amount to his Banker who further sent the
same to the drawee Bank i.e Baroda Bank, Branch Talwandi Sabo .

3. That the drawee Bank i.e. Baroda Bank, Branch Talwandi Sabo
dishonoured the said cheque issued by accused with the remarks "Funds
insufficient" through its Memo dated 10-06-2017. Orignal memo is
attached.

4. That complainant received the intimation regarding the dishonour of the

above mentioned cheque from his Banker on the basis of memo
10/06/2021 .

5. That the accused issued the above said cheque with malafide intention and
the accused was aware of the fact that the balance in the account of the
accused is not sufficient and same shall be returned unpaid. The accused never
attended to pay the amount owned by him to complainant and the accused
knowingly made false promise of sufficient funds in his account to honor the
above said cheque to the complainant.

6. That within the period of the 30 days of the information of the Dishonor of the
aforesaid cheque as unpaid the complainant issued a notice through Sh.Hardev
singh Advocate, Talwandi Sabo under section 138(b) of the N.I.Act on 21-06-2021
through registered post to the accused bringing to his knowledge about the
dishonor of the said cheque and requested the accused to make the payment of
the above said cheque. It was stated in the notice that in case the payment
is not paid by the accused within stipulated period the complainant shall be entitled to
take legal action against the accused person under the provisions of N.I. Act.
1881.Copy of notice and postal receipt are attached.

6. That the accused has failed to make the payment of the above said Total mount
of Rs.150,000/- mentioned in the above said cheque inspite of registered
notice.

7. That on account of dishonor of the cheque issued by the accused, he is guilty

of committing of an offence under section 138 of the N.I.Act and is also guilty of
committing fraud and cheating.
8. That the cheque has been dishonored by the complainant Bank due to
insufficient funds in the account of the accused which is being maintained by the
accused and the complainant is the payee/holder in due course of the said
cheque and the complaint is being filed after due compliance with the conditions
as prescribed under section 138 and 142 of the Negotiable Instruments Act 1881
as amended up to date.

9. That the present complaint is filed with in the prescribed period of limitation.

10. That the cause of action for the purpose of filling the complainant arose on 15-5-
2021 when the accused issued the above said cheque in favour of the
complainant and on 10-06-2021 when the said cheque was dishonored by Baroda
Bank, Branch Talwandi Sabo and on 10-06-2021 when the complainant got the
intimation of the dishonor of the said cheque and on 21-06-2021 when the
complainant issued the notice to the accused under the provisions of N.I. Act
and when the accused failed to make the payment of the cheque amount within
the fifteen days from the issue of Notice.

11. That the accused was liable to pay the amount in discharge of his liability at
Talwandi sabo Distt Bathinda and he issued the cheque at Talwandi sabo and
complainant also took the cheque for encashment in its own Bank Branch at
Talwandi sabo and the accused was supposed to make the payment of the
cheque in compliance of the Notice dated 21-06-2021 at Talwandi sabo which is
within the territorial jurisdiction of this Hon'ble court hence this hon'rble court is
competent to summon the accused and to try and punish the accused.

It is there for prayed that the complaint may kindly be registered and
the acccused may kindly be summoned and to punish under section 138 and
142 of the Negotiable Instruments Act 1881 as amended up to date in the
instrest of justice.

Dated Submitted by:-

 Baltej Singh s/o Sh.Budh Singh
resident of,Natt Road Talwandi Sabo
Tehsil Talwandi Sabo Distt Bathinda.

........................Complainant

LIST OF WITNESS AND DOUCUMENTS:-

1. Baltej Singh as Complainant.

2 Official of Baroda Bank, Branch Talwandi Sabo along with record of saving
Account No. no.56540100003557of accused and record of dishonor of the cheque
no. 000001 dated 15-05-2021 for a sum of Rs. 150,000/- and statement of
account of the accused as on 15/05/2021.

3. Original cheque no. 000001 dated 15-05-2021 for a sum of Rs. 150,000/-
4. Original memo dated 10-06-2021 for dishonor of the cheque of the accused.

5. Copy of notice u/s 138(B) of the N.I. Act. dated 21-06-2021.

6. Original Postal Reciept.

Dated. Submitted by:-

Baltej Singh s/o Sh.Budh Singh
resident of,Natt Road Talwandi
Sabo Tehsil Talwandi Sabo Distt
Bathinda.

........................Complainant

Through Counsel:-