In the Honorable Court of Illaka Magistrate,

Faridabad

PAWAN Kumar GOYAL Age about 32 Years

S/o Sh. JAGDISH GOYAL
R/o MCF 3 GARG Colony
Near AAKASH Cinema Hall
BALLABGARH, (121004)
Faridabad 121004
Mobile 9582581044 Complainant

Versus

NARINDER Singh
S/o Ram Singh,
Village DEEG, PO FATHEPUR BILLOCH,
Tehsil BALLABGARH (121004)
District- Faridabad (HR).
Mobile 9582024610 Accused

P.S. City BALLABGARH

Sub: Complaint against accused NARINDER Singh U/s 138 & 142
NI Act 1881 read with U/s 406,420 IPC 1860 & further read
with U/s 357 CRPC 1973 against Bounced Cheque No.085909
dated 16.12.2017 of Rs. 2,25,000/- (Rs. Two Lac twenty five
Thousand only) drawn on Bank of India, BALLABGARH Branch
(121004) from SB A/c No.670210100018062 of the accused.

Respectfully Submissions

That the Complainant Sh. PAWAN Kumar GOYAL S/o Sh.

JAGDISH GOYAL, Age 34 years, Resident of House No MCF 3,

GARG Colony Near AAKASH Cinema Hall BALLABGARH, Faridabad

(HR) Mobile No.9582581044 submit its Complaint through its

Counsel Sh. V. K. GARG, Chamber No. 479(A), District Court

Faridabad against the Accused on account of Dishonoring &

Bounce Cheque No.085909 dated 16.12.2017 of Rs.02 25000/-

U/s 138 (2) of Ss (B) of NI Act 1881 as defined it U/s 6 &

U/S 142 of the said Act. (An Affidavit duly sworn by the

complainant has been exhibited at CW-01/A).

1. That the father of Complainant Sh. JAGDISH GOYAL who

has been the Classmate of the accused in AGGARWAL

College, BALLABGARH about 37-38 years earlier. Since

then, all the family members of both families have

personal & family relationship of each other due to old

childhood friend of the father of Complainant. The

Accused is attending all Social gatherings, rituals,

Marriages, functions of the complainant along with his

family Members. The Complainant, PAWAN GOYAL, who is a

Professional Engineer & working in some Private

company, is very well known to the accused since his

birth through his father only. The accused is mainly in

Agricultural Farming as well as accused is doing as a

Part-time business in Property Sell & purchase

 business. During the month of June 2017, the accused

NARINDER Singh has visited the House of Complainant,

approached & requested the father of Complainant Sh.

JAGDISH GOYAL with his pre- plan conspiracy that he is

in dire need of some money as a personal loan about 05

to 06 Lac, as he has incurred his heavy loss in some

Property Dealing matter with some client. In case, if

the accused could not return his signing amount then he

would insult him. Further, his client may file a

criminal case against the accused. The accused, further

abetted the Complainant & his father that in case his

deal has not been finalized, then he would invest the

borrowed money which would be taken from Complainant in

some other business. Then, the Complainant would get

three times money from his Principle amount.

2. That the father of Complainant has expressed his

inability to advanced a personal loan to the accused.

The father of Complainant has further told that the

marriage of his younger son has already been fixed in

the month 2nd July 2017. Due to reason, he is not in

position to spare money to help him either for

investment or personal requirement. Then, the accused

 has further pressurized & lured the Complainant as well

as his father also. But Complainant has also again

expressed the same. The Complainant & his father both

have told that they would require money for the

marriage of his younger brother & son, though the

complainant has some money balance in his saving bank

account & due to reason the complainant cannot spare &

advance the money for the requirement of the accused.

Then the accused has again pressurized the father of

Complainant to give him as a Personal Loan to advance

him Rs. 05.0 Lac form his sons for the sake of save of

the respect & social image in the society of the

accused. (An Original Bank Statement of the complainant

Sh. PAWAN KUMAR GOYAL is annexed at exhibited- CW/02)

3. That after repeated requests & pressure created by the

accused on all the family Members, the father of

Complainant has agreed that he would request their son

PAWAN Kumar GOYAL whether he is in position to give him

as a personal & friendship loan without charging any

interest from the accused. The complainant has agreed

to give personal & interest free friendly loan to the

accused. The father of the complainant wanted an affirm

 assurance & a condition that he would certainly &

firmly return the whole principle amount in the month

of December 2017.

4. That Complainant PAWAN KUMAR GOYAL & his elder brother

Sh. ARUN Kumar GOYAL both have agreed to advance a

personal friendly loan a total sum of Rs. 4.75 Lac to

the accused as per request of their father &

considering the family relationship. Since other

Complainant ARUN Kumar GOYAL is also contributing some

money in the account No.008301042845 which is being

maintained by the complainant in Sector-16 Branch

Faridabad for the marriage of his younger brother

complainant this was fixed on 02.07.2017. The

Complainant has withdrawn a cash of Rs. 3.0 Lac on

06.06.2017 & he has given this money to his elder

brother ARUN KUMAR GOYAL & he has given a personal loan

of Rs. 2.50 Lac on 06.06.2017 at his residence in the

presence of his whole family Members. Further, to win

the faith of the family members of the complainant, the

accused has issued a Post Dated cheque of Rs. 2.50 Lac

in the name of Complainant Sh. ARUN Kumar GOYAL bearing

No.085908 dated 17.12.2017 drawn on Bank of India at

 MOHNA ROAD, BALLABGARH Branch. At the time of handing

over this cheque, the accused has assured Complainant

in case he would be in position to repay debt & loan

earlier or he can pay cash at any earlier time. The

Complainant & his father both have trusted upon the

assurance of the accused.

5. That the complainant PAWAN Kumar GOYAL has also given a

personal loan of Rs.02 25000/- cash (Rs. Two Lac Twenty

Five Thousands only) to the accused on 13.06.2017 after

withdrawal of Rs. 4.0 Lac cash from his account

No.00831042845 from Sector-16 Branch ICICI bank

Faridabad. The cash amount Rs.2.25 Lac was given to the

accused on 13th June 2017 in the presence of the family

Members of the Complainant at his residence BALLABGARH.

6. That the accused has assured the Complainant that the

whole amount would be refunded to him either in cash or

through cheque. Accordingly, the accused has attended

the marriage of younger brother of Complainant on

02.07.2017.

7. That Complainant along with his father has reminded the

accused on 20.11.2017 & asked him to refund his Loan

amount at the Mobile No.9582024610 of the accused.

 Accordingly, the accused has assured that the due loan

amount of Rs. 2.50+2.25= Rs.4.75 Lac has already been

deposited by him in his account & the said cheque would

be encased. The Complainant has again contacted the

accused on 15.12.2017 at the Mobile of the accused,

whether he may present the cheque before his Bankers.

But the accused has requested to Complainant & his

father that they may wait for a month or two as he is

arranging money. Further, the accused has pressurized &

contacted the father of Complainant to wait for a month

or two. But the Complainant has no option & has to wait

for a month or two. The Complainant& his father both

were in touch with the accused & after passing & he has

given an assurance to the Complainant on 31.01.2018

that he may present the cheque no.085909 dated

16.12.2018 of Rs. 2.25 Lac before his Bankers & the

issued cheque would be honored by his Bankers i e Bank

of India, BALLABGARH Branch.

8. That Complainant has presented cheque No.085909 dated

16.12.2017 of Rs.2.25 Lac before his Banker ICICI,

BALLABGARH Branch, on 02.02.2018 but it was shocked to

him that the said cheque has been returned to him

 unpaid and it has become bounced on 3.2.2018 due to the

reason, “Funds Insufficient”. (An Original Cheque

No.085909 dated 16.12.2017 has been exhibited at

CW/03). Further, Banker’ Return Memo dated 02.02.2018

has been exhibited at CW/04)

9. That Complainant& his father both have contacted the

accused but he has made an excuse & expressed his

ignorance & he was non awareness of about any bouncing

of cheque. The Complainant & his father tried to meet

the accused in person but he was escaping from the

complainant. The Complainant has met the accused at his

residence. During the meeting, the accused has assured

the Complainant that he has already withdrawn cash from

his account & he would return whole debt & loan in

cash. The accused has further requested the

Complainant& his father that he may wait for a couple

of days. The accused would return the whole amount

either in cash or he would put cash in his account so

that his issued cheque may be honored by the Bankers.

10. That Complainant has again contacted the accused

on 26.02.2018 & the accused has given his clearance &

his consent that the said cheque no o85909 may be

 presented before his Bankers & it would be encased.

Accordingly, Complainant has presented the cheque No.

085909 on 02.03.2018 before his Bankers ICICI Sector-16

Branch on 02.03.2018. But it was again disgraceful &

breach of Trust to Complainant that the Cheque

No.085909 dated 16.12.2017 of Rs. 2.5 Lac has become

bounced again on 02.03.2018. The Banker has intimated

to Complainant that, “Kindly contact Drawer/Drawee Bank

& present Again.” Thus, you have committed an offence

U/s 138 (b) of N. I. Act 1881 as well as U/s 406 & 420

of IPC 1860. It is to intimate that Bank has deducted

their Bank charges both the times. (A Bankers Return

Memo dated 03.03.2018 has been exhibited at CW/o5).

11. That it is very clear that the accused had

willfully, knowingly and deliberately, issued a cheque

of amounting Rupees 2.25 Lac (Rs. Two Lac Twenty Five

Thousand only) to the complainant with the foul motives

of Dishonesty, Cheating, Fraudulently and Criminal

Breach of Trust. One hand, the accused has issued a

cheque of Rs. 2, 25,000/- to discharge his Liability

towards the complainant but on the other hand, he does

not have Sufficient Balance in his account. By doing

 this act, the accused has betrayed and failed to

respect the purpose of Legislative to promote the

efficacy of Banking and ensuring in commercial and

contractual transactions of the cheque are not to be

dishonored and creditability of business through

cheque have to be maintained.

12. That, Complainant has sent a Legal Notice through

her Counsel on 21.3.2018 under Reference No.

G&C/LN/NIA/2018/0128 to all the known addresses of the

accused. (The original Legal Notice & the Proof of

Dispatch are here with Exhibited at CW/06). The Legal

Notice was sent through Registered AD Post from Sector-

12, Faridabad. (An original Postal Receipt has been

exhibited at CW-07). Accordingly, the accused came at

the residence of the complainant & requested him the he

would return the whole debt latest by 30.04.2018. But

the accused did not return the money of the

complainant. With this conduct & by doing this act, the

accused has committed an offence under section 406, 420

of IPC 1860, in addition to committing an offence under

section 138 of N.I. Act. That the accused has received

the Legal Notice but neither has he replied of the

 Legal Notice nor has he returned the whole loan amount

to the Complainant. (An original acknowledgement from

Postal Department is exhibited at CW/08)

13. That the complainant is entitled in defraying the

expenses like Legal Consultations, Cost of Legal Notice

etc. incurred by him at this stage as well as to face

and bearing of his Physical torture, Financial and

Mental Agony which he has caused due to his unwarranted

actions. Due to these reasons he is also entitled to

claim for compensation under section 357 of CRPC 1973

to file a complaint against him.

14. That under these circumstances, the Complainant is

entitled to get payment of Rupees 2, 25,000/- (Rs. Two

Lac Twenty Five Thousand Only) against the aforesaid

cheque No. 085909 dated 16.12.2017 along with the

actual Bank Miscellaneous charges which it had been

deducted from the account of the complainant. In

addition to this, the accused has to pay an interest @

of 18% per annum or 2% above on BLR prevailing at the

time whichever is higher from the due date of the

actual payment.
 15. That the Complainant is also entitled to recover

his Legal Consultation, Notice Charges & Legal Trial

Charges as mentioned below in the Complaint.

16. That the complainant has the right to institute

other legal remedies against the accused under the

various provision & sections of 406, 420 of IPC 1860 at

Faridabad Court through registering an FIR at the

entire Risk, Cost & Responsibility.

17. That the Complainant has reserved its right to

take Civil Actions through filing a Civil Suit as well

as registering a Criminal Complaints or both against

the accused in person for recovery of the loan amount

as mentioned in Serial number 04 & 05 above. In case,

any legal proceedings are initiated against the accused

then he will be held responsible for payment of all

these costs, Expenses & Compensation which would be

incurred by the complainant as well as all consequences

resulting thereupon apart from all other dues from the

accused

Cause of Action

I. That the first Cause of action has arisen that the

issued cheque No. 085908 amounting Rs. 2, 25,000/-

 dated 16.12.2017 has been bounced on 02.02.2018 due to

reasons “Insufficient Funds”. The Accused was informed

but he had further made different excuses & pretext &

he did not return the money.

II. That the Second Cause of Action has arisen when the

Complainant has sent a Legal Demand Notice through his

Counsel vide its Ref. No. G&C/LN/NIA/2018/0128 dated

21.03.2018 to the Accused to all known Addresses

through AD-Post. The Accused has neither responded nor

has he returned the loan amount to the complainant.

III. That the third Cause of action has arisen when the

accused has assured the complainant that the cheque

No.085908 may be presented again. The complainant has

presented the cheque in second time but the Banker’s of

the complainant has informed that the amount of Rs.

2.25 Lac cannot be credited in his account due to the

reason as mentioned in Serial No.09. Thus, the accused

has committed an offence of US 138 of NI Act 1881 &

other provisions of IPCs & CRPC 1973.

Other Legal Averments

1. That the above Cause of actions has been arisen with

in Territorial Jurisdiction of this Honorable Court.

Hence, this Honorable Court has full Jurisdiction to

try and entertain this Complaint.

2. That there is no Unnecessary Delay has occurred to

file this Complaint.

3. That Complaint has been filed within the Limitation

Period as per Negotiable Instruments of India 1881 as

amended up to date.

4. That the Court Fee of Rs. 10/- has also been affixed

on the Plaint.

5. That all the Necessary Original Documents have been

annexed along with this Complaint. However,

Photocopies Self Attested of other Legal required

papers from the complainant has also been marked.

6. That no other similar Complaint has been filed by the

Complainant anywhere in India in any Court except

this Complaint filed before this Honorable Court.

Prayer

That the Complainant, PAWAN Kumar GOYAL S/o Sh. JAGDISH

GOYAL respectfully prays before this Honorable Court

that it may graciously passes the following orders in

the favor of the Complainant;

1. That this Complaint may be allowed & the accused be

charged and tried for the offence punishable U/s 138

of NI Act 1881 and also U/s 406, 420 of IPC through

to take the case on file, issue Notices, enquire the

matter and make the payment to the complainant and

punished the accused with Maximum Punishment.

2. That the complainant further prays before this

Honorable Court it may please pass an order to make

out a compensation U/s 357 of s/s (3) of Cr. P. C.

1973.

3. That the Honorable Court may please graciously pass

an order to pay make the following payments to the

complainant as per his request.

Sr. No. Particulars Amount

1 Cheque Amount Rs.2,25, 000/-
2 Bank Service Charges As per actual
3 Notices & Legal 11,000/-
Consultation Charges
4 Counsels Fees 21,000/-
5 Interest @ 18% pa or 2%
above Bank
Lending Rate up
to date of final
payment to the
complainant.
 6 Compensation Payable U/s As per
357 (3) of Cr. PC Honorable Court
may pass an
Order against
the accused.
Total Rs. 2,57,000/- +
Interest & Bank
Charges+
Compensation
(Total Two Lac Fifty Seven Thousand, only +

Compensation + Actual Bank Charges + Interest)

4. That any other order where in Honorable Court may

graciously pass which may deem fit and proper in the

interest of Justice as well as in the interest of

complainant.

Date: 1.05.2018 Complainant,

Pawan Kumar Goyal

S/o Sh. Jagdish Goyal

R/o MCF 3 Garg Colony

Ballabgarh, Faridabad

Through Counsel

A.K. GARG & V. K. GARG

Enrollment P/504-B/2008
vabgarg@gmail.com
Seat No. 55, Chamber No 479 (A)
Sector 12 Faridabad
9958125757 / 9818383803
Verification:
It is to certify that all contents mentioned in the

complaint from Sr. No. 1 to 17, Cause of Action, Legal

averments and in Prayer Sr. No. 1 to 4 are correct and

true from the best of my knowledge and Belief. Nothing

has been concealed & Verified on 01.05.2018 at

Faridabad.

Date: 01.05.2018 Complainant,

Pawan Kumar Goyal

S/o Sh. Jagdish Goyal

R/o MCF 3 Garg Colony

Ballabgarh, Faridabad
Mobile No. 9582581044
 Before the Honorable Court of Illaka
Magistrate, Faridabad, (Haryana)
In the matter of Criminal Complaint No………2018
PAWAN KUMAR GOYAL Versus NARINDER

EVIDENCE BY WAY OF AFFIDAVIT FROM THE

COMPLAINANT, PAWAN KUMAR GOYAL

I,PAWAN Kumar GOYAL S/o Sh. JAGDISH GOYAL, Age, 31 years,

Resident of House No. MCF 3, GARG Colony, BALLABGARH

Faridabad Mobile No. 9582581044 do here by solemnly affirms

with my full knowledge & Belief and declares as under:-

1. That I am complainant have duly authorized & competent

having full knowledge of all facts and swear this

affidavit in support of my Evidence before this

Honorable Court.

2. That all contents in the First part of complaint

mentioned from Sr. No. 1 to 17 & Second Part of Cause

of Actions, Legal Averments & Prayer along with all

Exhibits, Marks mentioned in the complaint may be

treated as a Part and Parcel of this Affidavit. All the

contents of the Complaint have not been repeated for

the sake of Brevity. They may be read as a Part &

 Parcel of this Affidavit. All the facts & Contents

mentioned in the complaint and Prayer have been

incorporated by my Counsel as per my instructions &

material supplied to him and these have been read over

by me.

3. That I am fully aware all the facts & Contents & all

the Exhibited Documents. All the Original exhibited

documents have been enclosed with Complaint. All the

Original documents may be read in favor of my Complaint

as a Proof in support of this matter.

4. That the Complaint has been drafted by my Counsel as

per my instructions and material supplied to him by me.

5. That the no such payments against the cheque No.085909

dated 16.12.2017 of Rs. 2.25 Lac drawn on Bank of

India, BALLABGARH either in full or part payment

against this cheque no.085909 dated 16.12.2017 has been

received by me from the Accused at the time of filing

this Complaint in this Honorable Court.

6. That all the contents & matters incorporated in the

complaint & Affidavit is true & correct.

Deponent
Verification:

It is to certify that all above contents mentioned in

the Affidavit from Sr. No. 1 to 6 are correct and true
from the Best of my knowledge and Belief. Nothing has
been concealed & Verified on 01st May 2018 at
Faridabad.

Deponent
 List of Exhibited Documents
1. Evidence by way of Affidavit from Complainant.

Exhibited – CW/01A.

2. Original Bank Statement issued from ICICI Branch

Sector-16 Faridabad in respect of Account

No.008301042845. Exhibited- CW/02

3. Original Cheque No. 085909 dated 16.12.2017 of Rs.2.25

Lac issued by the Accused to discharge his Debt

Liability Drawn on Bank Of India, BALLABGARH Branch.

Exhibited- CW/03.

4. Original Cheque Returned Memo issued from the ICICI,

Sector-16 Branch, Faridabad dated 02.02.2018. Exhibited

CW/04.

5. Original Cheque returned Memo issued from ICICI,

Sector- 16 Branch, Faridabad dated 03.03.2018.

Exhibited CW/05.

6. Original Legal Demand Notice issued by the Counsel

under Reference No. G&C/NIA/2018/0128 dated 21.03.2018.

Exhibited –CW/06
7. Original Postal Receipts issued by P&T Department,

Sector- 12, Faridabad as POD for issuance of Legal

Notice. Exhibited-CW/07.

8. Original Acknowledgement issued by P&T Department &

Proof of receipt of Legal Notice duly received by the

accused. Exhibited CW/08.

Complainant
 List of Witnesses

1. Concerned Registry Clerk/ Postal Staff of Postal

Department in relation to the service of Legal Demand

Notice dated 21.03.2018.

2. Concerned Bank Staff of Bank Of India, BALLABGARH

Branch.

3. Concerned Bank Manager from ICICI Bank, Branch Sector-

16, and Faridabad.

4. Sh. JAGDISH GOYAL House No. MCF 03,GARG COLONY,

BALLABGARH

5. Any other person with the permission from the Order of

the Honorable Court.

Place: - Faridabad

Dated; - 01.05.2018 Complainant

In the Honorable Court of ILLAKA MAGISTRATE
Faridabad (HR)
In the matter of Criminal Complaint No………2018

PAWAN KUMAR GOYAL V/s NARINDER SINGH

LIST OF COMPLIANCE OF STATUTORY FORMALITIES

Sr. Requirements Statutory Provisions Compliances
No.
1 Cheque Definition U/s 6 of NI i. Cheque
Act 1881 bearing
No085909
dated
16.12.
2017
Amount
Rs.
2,25,000

2 Drawer Definition U/s 7 of NI NARINDER Singh

Act 1881
3 Drawer Definition U/s 7 of NI BANK OF INDIA,
Branch Act 1881 BALLABGARH
4 Holder Definition U/s 8 of NI PAWAN KUMAR
Act 1881 GOYAL.
5 Evidence of U/s 146 of above Bank Returned
Dishonor of mentioned Act Memo dated
Cheque 02.02.2018 &
2nd Memo dated
03.03.2018

6 Legal Notice U/s 138 (b) of NI Act Legal Notice

of dishonor dated
& Demand to 21.03.2018
make payment posted on
 21.03.2018 from
Sector 12 P.O.
Faridabad at
all known
address of
accused
7 Expiring of U/s 138 (C) NI Act 05.04.2018
15 days 1881
period to
make the
payment
8 Filing of U/s 142 (b) r/w U/s 01.05.2018
Complainant 420 IPC

Date: 01.05.2018 Complainant

Place: Faridabad