BEFORE THE HONOURABLE PRINCIPAL CIVIL JUDGE & JMFC AT

BELLARY.

P.C No. /2019

BETWEEN:-
Sri. S.Shivaram Prasad, aged 53 years
S/o Late S.Nagappa,
R/o “Sree Rameshwari”, Door No.250,
Ward No.1, Paravathi Nagar, 2nd Cross,
BALLARI-583 103. .. Complainant.

AND

Sri. Pampana Gouda R.

S/o. Sri Mallikarjuna Gouda,
House No.10, 1st Main,
2nd Cross, Aishwarya Colony,
Cantonment,
BALLARI-583 104. .. Accused.

IN THE MATTER OF COMPLAINT FILED ON BEHALF OF COMPLAINANT

UNDER SECTION 200 CRPC READ WITH SECTION 138 AND 142 OF
NEGOTIABLE INSTRUMENT ACT AS AMENDED UPTODATE FOR
RS.3,00,000/- (RUPEES THREE LAKHS ONLY)

POLICE STATION : GANDHI NAGAR POLICE STATION, BALLARI.

The Address of the Complainant for the purpose of service of Notice

etc., is that of Advocate Sri R.S.K.Singh, Phone No.7619490247, Bellary Bar
Council, Bellary.

The Complainant humbly submits as follows:-

1. The Complainant is a Businessman and Director of M/s Bellary

Steels & Alloys Ltd., a Public Limited Company Registered under
Companies Act, carrying on the business of Manufacture of Steal
Products in Market for the past 30 years and he is permanent
residence of address cited above.

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2. It is submitted that the complainant was the owner of School
Furniture stock of used house hold articles like Wooden Tables,
Fiber Glass Chairs, Steel Almirahs, etc., and a lot of such articles was
agreed to be sold by the Complainant to the accused and the
accused agreed to buy the said lot of articles in as is where is
conditions, accordingly a Memorandum of Understanding (MOU)
was prepared and signed by both the Complainant and Accused. A
original MOU signed by both the Complainant and Accused is
enclosed herewith along with the list of documents for kind perusal
of this Hon’ble Court.

3. It is submitted that the Accused person is a local person approached

the Complainant and agreed to buy the lot of used articles as per
MOU for Sale consideration amount of Rs.7,00,000/- and took
physically delivery of the articles on the same of day 31.01.2019.
The Accused person having taken delivery of lot of articles, agreed
to pay the sale consideration money of Rs.7,00,000/- in three
installments and issued three Post Dated Cheques to the
Complainant. The Accused further assured the Complainant that he
would maintain the required Bank Balance amount in his Bank
Account on the date of presentation of the said three Cheques.
Hence, believing the assurance of the Accused, the Complainant
presented the Cheque No.012899 dated 10.08.2019, Third
installment of amount due Rs.3,00,000/-, drawn on the Savings
Bank Account No. 267010100059495 held in the name of Accused in
Axis Bank Ltd., Ballari and the said Cheque was presented for
clearance by the Complainant through his Bank Account
No.50100009624528 of HDFC Bank Limited, Kappagal Road, Ballari.

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 It is further submitted that the said Cheque was returned unpaid to
the Complainant by the HDFC Bank with endorsement of AXIX BANK
LTD & MAIN BRANCH “FUNDS INSUFFICIENT” on 14.08.2019. The
Original Cheque bounced and original Bank Endorsement is filed
along with list of documents for kind perusal of this Hon’ble Court.

4. It is submitted that the amount of Cheque is a Third installment of

part of amount of total amount due of Rs.7,00,000/- which is
amount due under commercial transactions between the
Complainant and Accused as per MOU signed by them.

5. It is submitted that the Accused has issued the said Cheque in

discharge of 3rd part and final installment of commercial liability to
the Complainant.

6. It is submitted that at the time of handing over the Cheques by the

Accused to the Complainant, he has assured the Complainant that
the said Cheque will be passed on the date of presentation and
believing the assurances of the accused the complainant has
accepted the above Cheque and dishonor of Cheque clearly shows
and establishes the accused never intended to maintain the amount
due under the Cheque issued in Bank Account and he has issued
the Cheque to the complainant with clear intention to cheat the
Complainant.

7. It is submitted that on account of dishonor and return of the said

Cheque, the Complainant has served a Legal Notice by Registered
Post Acknowledgement Due to the Accused through his counsel
Sri.R.S.K.Singh dated 19.08.2019 calling upon the Accused to make
payment of amount of the Cheque within 15 days of time.

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 It is further Notice was issued to the Accused to the two addresses
as abundant precaution, and the said Notice has been served on the
accused on 22.08.2019. A copy of the original Notice, along with
original Postal Receipts, Acknowledgement Card received and a copy
of Tracking Report generated through the Official Web Site of
Department of Posts showing delivery of the articles to the address
of Accused is filed along with list of documents for kind perusal of
this Hon’ble Court.

8. It is submitted that the accused despite having received the Notice

after Cheque bounce, has not taken steps to liquidate his liability
and has failed to make payment of amount of Rs.3,00,000/- due to
the Complainant towards the amount covered under the Cheque
with in the statuary period of 15 days or thereafter. Thus the
accused has committed an offence within the meaning of Section
138 of Negotiable Instruments Act (N.I.Act) and other sections of
amended provision of Negotiable Instruments Act 1981, for which
he is liable for prosecution and punishable under law.

9. It is submitted that the Accused has failed to make payment against

the said Cheque which has been done by them malafidely,
intentionally and deliberately and knowingly. That at the time of
issuing the said Cheque the Accused was fully aware that the said
Cheque will not be honored on presentation. Hence, the Accused is
guilty of offence under section 138 of N.I Act and is also to be
prosecuted under section 420 of IPC.

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10. It is in view of facts and circumstances; the complainant has a cause
of action and right to file the present complaint. The cause of action
has arisen in favour of the complainant, when on the expiry of
Notice period; the accused has not come forward to pay the amount
relating to the dishonored Cheque. The complaint is filed within 30
days from the date of expiry of 15 days after postal acknowledged
date 22.08.2019 which expired on 06.09.2019 and the cause of
action is still subsisting and continuing in nature.

11. It is submitted that the cause of action has arisen at HDFC Bank Ltd.,
Kappagal Road Ballari, where the Cheque is dishonored which is in
territorial jurisdiction of Gandhi Nagar Police Station, at Bellary.
Therefore this Hon’ble Court has jurisdiction to try and take
cognizance of the offence and adjudicate upon the present
complaint.

12.That the Complaint is well within limitation period prescribed under

the provision of Act.

i. Date of Dishonor : 14.08.2019

ii. Date of Notice : 19.08.2019
iii. Date of Acknowledgement of Notice: 22.08.2019
iv. Date of filing Complaint: .09.2019

13.The list of documents and list of witness are annexed with the
complaint.

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14.Therefore most respectfully prayed that this Hon’ble Court may
pleased to:

a. Summon, prosecute and punish the Accused and also direct the
accused to pay the amount as double to the amount covered
under the said dishonored Cheque, under the provisions of
section 138 read with section 142 of N.I. Act 1981, as amended
up-to-date. It is prayed that in accordance with section 357 of
CRPC out of the penalty imposed, the accused be ordered to
compensate the complainant to the extent of Rs.5,000/- (Rupees
Five Thousand only), towards the cost of prosecution to the
complainant.

b. Direct the Accused to pay Rs.60,000/- being the 20% of the

Cheque amount immediately as per amended N.I Act.

c. Such other and further orders may be passed as may be deemed

fit and proper by this Hon’ble Court, in the interest of Justice.

ADVOCATE FOR THE COMPLAINANT COMPLAINANT.

VERFICATION
I the above named complainant here in do verify declare that
what is stated in the above mentioned paragraphs are true and
correct to the best of my knowledge and belief and information.

COMPLAINANT.
LIST OF WITNESSESS:
1. Branch Manager, HDFC Bank Ltd., Kappagal Road, Bellary.

Place: Bellary Advocate for the Complainant

Date : .09.2019