Online Assessment I

Subject: Law: 453: MOCK TRIAL CRIMINAL LITIGATION

Section: 1701, 1703, 1704, 1801, 1802, 1803.
FACTS

Mr. Manav Singh Rathore, resident of Karol Bagh, Delhi, s/o Shri Gajendra Singh
Rathore, owns a business of distributorship of dry fruits. Mr. Roop Saxena,
resident of Sadar Bazar, Agra, s/o Shri Arvind Saxena, owns a business of
manufacturing tich buttons.

The complainant Mr. Manav Rathore and the accused Mr. Roop Saxena were
friends with each other from 2015, and along with the wife of complainant by
name Smt. R. Kavitha Rathore and of the accused by the name Smt. Mamta
Saxena, they had started partnership business under the name and style of
“Buniyad” and the said partnership was dissolved at will on 04.07.2021.

The accused, since was known to the complainant, had requested for the hand
loan of Rs.1 lakh, during the 1st week of October, 2021. Accordingly, he
borrowed the said loan from the complainant by agreeing to repay the same within
one month. Towards, the discharge of the said loan, the accused got issued the
cheque bearing No.__________, dated:2.01.2022, drawn for Rs.1 lakh drawn on
ICICI Bank, Sadar Bazar Branch, Agra in favour of complainant. Cheque was
delivered for collection through an account- where payee maintains the account.

The complainant has further contended that, at the advice of the accused, the
complainant presented the said cheque for encashment to his banker viz., ICICI
Bank Gurudwara Road, Karol Bagh-Branch, Delhi. Wherein, the same got
dishonoured for the reasons “Insufficient Funds / Contact Drawer Bank Branch”
as per endorsement dated:15.01.2022.
Thereafter, the complainant issued a legal notice to the accused by R.P.A.D on
20.01.2022. The said notice was served upon accused on 22.01.2022, explicitly
intimating that:

• cheque has been returned unpaid,

• the offence that has been committed and
• that legal action will be taken in case the cheque amount is not paid within
15 days of the receipt of notice.

Despite that, the accused has not paid the amount covered under the cheque.
Thereby, he committed the offence punishable under Section 138 of Negotiable
Instruments Act. Hence, filed the present complaint on 28.01.2022. Mr. Roop
denied the same in the reply notice.

Mr. Roop has contended a different stance on the cheques in question. According
to his narrative, during their partnership, Mr. Manav Rathore, who was incharge
of supervising the construction of a particular building, had incurred certain
expenses personally due to insufficiency of funds in the firm’s bank account. He
had asked Mr. Roop, to pay half the share of the expenses incurred. Mr. Roop on
the other hand had claimed that Mr. Manav had earned profits by selling 2 flats
of the building in advance and did not disclose these earnings rather only showed
the expenses. Mr. Roop refused to pay the expenses as he did not get any share
in profits and later the partnership got dissolved. At the time of dissolution, two
cheques of Mr. Roop had gone missing for which he had informed the police on
2nd July, 2021 (DDR). The contention of Mr. Roop is that he has never taken any
loan amount from Mr. Manav. The cheque produced is one of those cheques only
which went missing and was wrongfully produced to the bank by him to get the
share of expenses which was claimed against Mr. Roop during their partnership.

He contended there is no evidence that shows that he was liable to pay any due
or part thereof and thus, no liability has been proved. Similarly, it has not been
proved that the cheque was issued for discharge of legal liabilities. Thus, he
claims that there does not exist any legally enforceable/recoverable debt.

The cheque went missing bearing no date. The complainant entered the date, and
thereafter cheque was presented to banks and thus, Mr. Manav has tiled a false
case against him and he is not liable to pay any money to the complainant.

Instructions:

Draft:

• Notice (from the side of complainant)- 10

• Complaint- 15
• Supporting Documents- 5

For Notice the marks will be allocated as:

Format: 4

Content (Drafting skill, use of legal language, clarity of concept, grammatically

correct, relevant information): 6

For Complaint the marks will be allocated as:

Court Name: 1

Correct Jurisdiction: 1

Content (Drafting skill, use of legal language, clarity of concept, grammatically

correct, relevant information): 7

Prayer: 3

Affidavit: 3

Documents Attached- 5
Last Date of Submission: 27th February, 2022

Assignments to be uploaded only on UMS.

No Submissions will be accepted after 11:59 p.m., 27th February, 2022.