Jasleen Kaur Format of Complaint Under Sec 138 of Nia

MOCK TRIAL CRIMINAL LITIGATION (LAW453) 2022
ASSIGNMENT
CA 1 OF MOCK TRIAL CRIMINAL LITIGATION
(LAW453)
SUBMITTED TO: VANSHIKA PREMANI
SUBMITTED BY: JASLEEN KAUR
REG. NO. : 11715579
SECTION: L1701
Page 1 of 23
IN THE COURT OF THE HON’BLE METROPOLITAN MAGISTRATE,
SAKET COURT COMPLEX, DELHI
CRIMINAL COMPLAINT NO. 444 of 2022
ID No. 11715579
Mr. Manav Singh Rathore
VERSUS
Mr. Roop Saxena
In Re :- Legal Notice and Complaint under section 138 Negotiable Instrument Act.
INDEX
Sr. Particulars Annexure’s Page Nos.

No.
1. Notice
2. Vakalatnama
3. Complaint
4. List of witnesses
5. Affidavit of Preliminary Evidence
6. List of Documents
7. Original cheques bearing no. _____ dated ____ C-1
amounting of Rs_____ /- (__________ only)
8. Photocopy of Cheque
9. Original Dishonoured Bank Memos dated C-2
……….due to the reason of “Funds

Insufficient”
10. Legal Notice dated …………. C-3
Page 2 of 23
11. Original Regd. Postal Receipt dated ……….. C-4
12. Address Form
13. Process Fee
14. Power of Attorney
15. Any other document which may be relied upon
in future
Complainant
Through
Adv. Jasleen Kaur
Place : Delhi
Date: 20.01.2022
Page 3 of 23
MOCK TRIAL CRIMINAL LITIATION PROBLEM
FACTS OF THE CASE
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 complaina nt
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.
Page 4 of 23
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 2 nd 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.
Page 5 of 23
Ref. No. 462574 Dated:- 20 January,2022.
LEGAL NOTICE UNDER SECTION 138 NEGOTIABLE INSTRUMENT

ACT. 1881.
To
Sh. Roop Saxena
S/o Shri Arvind Saxena.
R/o H.No. 10/J Sadar Bazar
Agra.
SUBJECT:- LEGAL NOTICE UNDER SECTION 138 OF NEGOTIABLE INSTRUMENT

ACT READ WITH SECTION 420 IPC REGARDING INTIMATION OF THE DISHONOR
OF CHEQUE.
Sir,
On the behalf and under the instructions and authority from my client Sh. Manav Singh Rathore,
S/o Sh. Gajendra Singh Rathore, R/o Karol Bagh, Delhi, I hereby serve you with the following
legal notice whose concerned points are chronologically numbered as under:
1. That you and my client share a respective cordial friendship since 2015 and even your
respective wives were running a partnership business under the name of “Buniyaad” which
was dissolved at will on 04.07.2021.
2. That you requested for a hand loan from my client amounting to the tune of Rs. 1,00,000/
(Rupees One Lakh Only) during the first week of October, 2021, with the promise of
repayment of the said amount within one month.
3. That towards the discharge of the said liability, a cheque dated 02.01.2022, bearing no.
123872 4000 2018 000009 3 was drawn by you on ICICI Bank, Sadar Bazaar, Agra in the
favor of my client & as per your advice, it was presented for encashment at ICICI Bank,
Gurudwara Road, Karol Bagh Branch, Delhi.
Page 6 of 23
4. That after the presentation of the cheque, to the utter shock of my client, the mentioned
cheque was dishonored and the same was returned with the endorsement of “Funds
Insufficient”, Contact Drawer Bank Branch”.
5. That my client received the intimation of dishonor of cheque on 15.01.2022.
6. That thereafter, in spite of many telephonic reminders by my client, you failed to make the
payment due to my client’s amicable and neighbourly relations with you. You tried to avoid
the matter and started to ignore my client’s calls and visits. Since my client is left with no
other option but to present you with legal notice.
7. That I request you on the behalf of my client i.e. Sh. Manav Singh Rathore, to pay the said
amount to the tune of Rs.1,00,000/- (Rs. One Lakh Only) at the earliest.
8. That failure to pay the amount within 15 days of the receipt of this notice amounts to an
offence under Section 138 of the Negotiable Instruments Act, 1881 and Section 420 of
I.P.C along with appropriate legal action will be taken against you as contemplated under
the section.
Yours Faithfully,
Adv. Jasleen Kaur
Saket Court Complex Chamber 44-C
Delhi.
Page 7 of 23
POWER OF ATTORNEY (VAKALATNAMA)
Sh. Manav Singh Rathore
S/o Sh. Gajendra Singh Rathore
R/o H.No. 700/A, Karol Bagh,
Delhi COMPLAINANT
Vs
Sh. Roop Saxena
S/o Sh. Arvind Kumar Saxena
R/o H.NO 10/J Sadar Bazaar,
Agra. RESPONDENT
Know All to whom these presents shall came that I/ we the undersigned appoint
JASLEEN KAUR, ADVOCATE, +91 175 555 2368 Enrolment No. P/805/2000, Resident of
14, Saket, Delhi, Advocates here-in after called the Advocate for me/us in the above mentioned
case to do all the following act deeds, things or any of them that is to say.
1. To act, appear and plead in the above mentioned case in this court or any other court in
which the same may be tried and heard in the instances or in the appeal or review or
Page 8 of 23
revision or execution or Letters Patents appeals or leave to appeal or any other sate of its
progress until its final decision.
2. To present pleading, appeal, cross appeals, petition for execution, review, revision,
withdraw, compromise, or other petitions or affidavits or other documents as shall be
deemed necessary or adviseable for the prosecution of the said case in all its stages.
3. To Contest, prosecute, withdraw, or compromise the said case or submit to arbitration any
differences or dispute that shall arise touching or any manner relating to said case.
4. To receive money and grants receipts thereof and to do all other acts and things this may
be necessary to be done for the progress and in the course of the prosecution of the said
case.
5. To employ any other Legal Practitioner authorizing hereby conferred on the Advocate
when ever he may think fit to do so.
AND I/We hereby agree to ratify whatever the Advocate/s his substitute shall do in this
case.
AND I/We hereby agree not to hold the advocate or his substitute responsible for the result
of the case in consequences of absence of his/ her client from the court when the said case is
called up for hearing.
AND I/ WE hereby agree that in the event of whole or part of the fee of the Advocate
remaining unpaid he /shall be entitled to withdraw from the prosecution of the said case until
the same is paid. The said advocate shall be entitled to receive all cost adjournment recoverable
from the opposite party.
IN WITNESS whereof I/ We herein to set our hand to these present the contents of which have
been explained to and understood by me/us.
Dated:- 28th day of January 2022 Signature/Thumb impression
Page 9 of 23
(Jasleen Kaur) Advocate
P/ 805/2000
10, Saket, Delhi
jasleenkaur5579@gmail.com
Page 10 of 23
CRIMINAL COMPLAINT NO. 444 of 2022
ID No. 11715579
MEMO OF PARTIES
Sh. Manav Singh Rathore, S/o Sh. Gajendra Singh Rathore, R/o H.No. 700/A, Karol Bagh,
Delhi
….COMPLAINANT
Versus
Sh. Roop Saxena, S/o Sh. Arvind Kumar Saxena, R/o H.NO 10/J Sadar Bazaar,
Agra.
…RESPONDENT
Criminal Complaint under Section 138 of the Negotiable Instruments Act, 1881
contemplating the offence of the dishonor of cheque and default in payment of the dues the
complainant by the accused respectively.
MOST RESPECTFULLY SHOWETH AS FOLLOWS:
THE COMPLAINANT, RESPECTFULLY, SUBMITS AS UNDER:-
1. That the complainant i.e. my client is a businessman-cum- manufacturer engaged in the

distributorship of dry fruits business, in the name of ABC Dry Fruits having office at Karol
Bagh, Delhi.
2. That the complainant and the accused share a respective cordial friendship since 2015 and
even your respective wives were running a partnership business under the name of
“Buniyaad” which was dissolved at will on 04.07.2021.
3. That during the 1st week of October of the year 2021, you have approached my client
through a personal request for the need of Hand loan of amounting Rs. 1,00,0001 lakh.
Page 11 of 23
4. That due to amicable and neighbourly relationship between you and my client, the hand
loan was given to you by agreeing on the terms and conditions in writing which can be
supported with the copy of the such terms and conditions is appended herewith Annexure
no. 1, as a Proof of existence of legally enforceable debt or liability, that you will reimburse
the same within one month in the form of dated Cheque bearing no. 123872 4000 2018
000009 3.
5. That our client had relied on your promise and as instructed by you delivered the amount
of 1 lakh at your office at Sadar Bazar, Agra vide Invoice No. dated 4.10.2021. A copy of
the invoice is appended herewith Annexure no. 2.
6. That you have issued Cheque No. 123872 4000 2018 000009 3 dated 2.01.2022 for Rs.
1,00,000/- (Rupees One Lakh only) drawn the same in the name of Sh. Manav Rathore
towards payment against the Invoice.
7. That the aforesaid cheque No. 123872 4000 2018 000009 3 dated 2.01.2022 for Rs.
1,00,000/- was presented by our client Mr. Manav Rathore on 15.01.2022 to your bankers
i.e. ICICI Bank Gurudwara Road, Karol Bagh-Branch, Delhi for collection through an
account where the accused maintains the account. A copy of the said cheque is appended
herewith Annexure no. 3.
8. That to when the aforesaid cheque was presented, for encashment by my client to his
banker, it turned out to be a very shocking situation for him as the same was returned
unpaid by the banker with the reason that there was “Insufficient Fund”. My client
informed you about it through telephone and by sending you the picture of original cheque
return memo as per the endorsement dated 15.01.2022. A copy of the Endorsement-cum-
Bank Code Memo dated 15.01.2022 is appended with the complaint as Annexure no. 4.
9. That thereafter, the complainant issued a legal notice to the accused dated 20.01.2022 under
the statutory mandate of the Negotiable Instruments Act, 1881, informing him about the
dishonor of cheque and to settle the amount to the tune of Rs.1,00,000/- within a time
period of 15 days. A copy of the said legal notice is also appended with the complaint as
Annexure no. 5.
10. That thereafter, in spite of many telephonic reminders by my client, you failed to make the
payment due to my client’s amicable and neighbourly relations with you. You tried to avoid
the matter and started to ignore my client’s calls and visits, which can be supported with
Page 12 of 23
the complainant’s Call details and the accused visitor’s entry. A copy of the both is
appended with the complaint as Annexure no. 6 and 7. Since my client is left with no
other option but to file a comlaint.
11. That you have failed to comply with the provisions of the law and also failed to discharge
your liability from your account and the same cheque was dishonoured intentionally and
willfully.
12. That even after the notice was duly served on the accused he failed to pay any heed or
comply with the terms of notice and has willfully defaulted in the repayment of the stated
amount and has committed an offence contemplated under the contours of Section 138 of
the Negotiable Instruments Act, 1881 and is also liable to be prosecuted under Section 420
of the Indian Penal Code.
13. That the captioned complaint is filed within the time as stipulated under the provisions of
the Negotiable Instruments Act, 1881.
14. That the complaint is well within limitation period prescribed under the Act:
i. Date of Dishonor 15.01.2022
ii. Date of Notice 22.01.2022
iii. Date of filing Complaint 28.01.2022
15. That is, my client states that you have issued the above said cheques only with an intentio n
to cheat our client which amounts to an offence punishable under section 138 of Negotiable
Instruments Act.
16. That in view of the facts and circumstances, the complainant has a cause of action and right
to file the present complaint. The cause of actions has arisen in favour of the complaina nt
on 06/02/2022 when, on the expiry of the notice period, the Accused has not come forward
to pay the amount relating to the dishonored cheques. The cause of action is still subsisting
and continuing in nature.
17. That the Hon’ble Court is having complete jurisdiction under Section 142 of the Negotiable
Instruments Act,1881 to entertain and try the present complaint because the offence is
committed within the jurisdiction of this Hon’ble Court.
18. This is without prejudice to all other legal rights and remedies available to our client for
the above-stated purpose.
Page 13 of 23
19. That no other complaint concerning the same has been filed with any other Court, whether
superior or foreign, in respect of the same cause of action/ matter in dispute.
20. That a list of documents and list of witnesses are annexed with this complaint.
21. That the court fees of Rs. 1000 has been affixed upon this complaint.
PRAYER
It is, therefore, most respectfully prayed that this Hon'ble Court may be pleased to:
1. 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 cheques, under the provisions
of Section 138 read with Section 142 of the Negotiable Instruments Act,1881 as amended
by the Negotiable Instrument laws (Amended and Miscellaneous Provisions) Act, 2002. In
accordance with Section 357 of Code of Criminal Procedure 1974, out of the penalty
imposed, the Accused be ordered to compensate the Complainant to the extent of
Rs.2,50,000/- (Rupees two lakhs fifty thousand Only) and be given to the complainant in
the interest of justice, equity and law.
And/Or
2. Any other relief to which this Hon’ble Court deems fit as per the provisions of law may
also be granted in favor of the complainant and against the accused.
Complainant
Through
Adv. Jasleen Kaur
Place : Delhi
Date: 28.02.2022
Page 14 of 23
AFFIDAVIT
I, Manav Singh Rathore, S/o Sh. Gajendra Singh Rathore, R/o H.No. 700/A, Karol Bagh, Delhi do
hereby solemnly affirm and declare as under:
1. That I am the complainant in the accompanying case and I am well conversant with the
facts and circumstances of the case & application to depose the present affidavit.
2. That I have read & understood the contents of the accompanying complaint & state that
the same are true and correct to the best of my knowledge.
3. That no part of the petition is false and nothing has been concealed there from.
4. That no other petition concerning the same issue has been filed in any other coordinate
court, superior court or any foreign court.
Verified at Delhi on this 28 day of February, 2022.
Manav Singh Rathore
DEPONENT
Page 15 of 23
VERIFICATION:-
I, Manav Singh Rathore, has signed and Verified that the contents of the above affidavit are true
and correct to the best of my knowledge and as derived from the records of the case, no part of it
is false and nothing material has been concealed there from.
DEPONENT
Page 16 of 23
LEGAL DOCUMENTS
 Original Cheque bearing no. 123872 4000 2018 000009 3 on record.
 Cheque return memo issued by the banker to the drawer
Page 17 of 23
 Proof of existence of legally enforceable debt or liability
 Copy of the legal notice served on Drawer
 Proof of service of notice, either courier receipt or receipt of registered post A.D.
 The acknowledgment slips/ receipts
 Invoice receipt
Page 18 of 23
 Written complaint
 Copy of phone calls
 Copy of Visitor’s entry records of Mr. Roop’s office
Page 19 of 23
 Address form
Page 20 of 23
 Process fees
Page 21 of 23
 Power of attorney
Page 22 of 23
LIST WITNESSES
1. Complainant.
2. R. Kavita Rathore
3. Concerned officers of the bank with the records pertaining to the cheque of the accused
regarding dishonoured cheque No. “002652” for Rs.1,00,000 (Rupees One Lakh)
Page 23 of 23

Jasleen Kaur Format of Complaint Under Sec 138 of Nia

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MOCK TRIAL CRIMINAL LITIGATION (LAW453) 2022

CA 1 OF MOCK TRIAL CRIMINAL LITIGATION

SUBMITTED TO: VANSHIKA PREMANI

SUBMITTED BY: JASLEEN KAUR

REG. NO. : 11715579

IN THE COURT OF THE HON’BLE METROPOLITAN MAGISTRATE,

SAKET COURT COMPLEX, DELHI

CRIMINAL COMPLAINT NO. 444 of 2022

Mr. Manav Singh Rathore

Mr. Roop Saxena

Sr. Particulars Annexure’s Page Nos.

……….due to the reason of “Funds

11. Original Regd. Postal Receipt dated ……….. C-4

12. Address Form

13. Process Fee

14. Power of Attorney

15. Any other document which may be relied upon

MOCK TRIAL CRIMINAL LITIATION PROBLEM

FACTS OF THE CASE

Ref. No. 462574 Dated:- 20 January,2022.

LEGAL NOTICE UNDER SECTION 138 NEGOTIABLE INSTRUMENT

Sh. Roop Saxena

S/o Shri Arvind Saxena.

R/o H.No. 10/J Sadar Bazar

SUBJECT:- LEGAL NOTICE UNDER SECTION 138 OF NEGOTIABLE INSTRUMENT

Adv. Jasleen Kaur

Saket Court Complex Chamber 44-C

POWER OF ATTORNEY (VAKALATNAMA)

IN THE COURT OF THE HON’BLE METROPOLITAN MAGISTRATE,

SAKET COURT COMPLEX, DELHI

Sh. Manav Singh Rathore

S/o Sh. Gajendra Singh Rathore

R/o H.No. 700/A, Karol Bagh,

S/o Sh. Arvind Kumar Saxena

R/o H.NO 10/J Sadar Bazaar,

Dated:- 28th day of January 2022 Signature/Thumb impression

(Jasleen Kaur) Advocate

10, Saket, Delhi

IN THE COURT OF THE HON’BLE METROPOLITAN MAGISTRATE,

SAKET COURT COMPLEX, DELHI

CRIMINAL COMPLAINT NO. 444 of 2022

MOST RESPECTFULLY SHOWETH AS FOLLOWS:

THE COMPLAINANT, RESPECTFULLY, SUBMITS AS UNDER:-

1. That the complainant i.e. my client is a businessman-cum- manufacturer engaged in the

Verified at Delhi on this 28 day of February, 2022.

Manav Singh Rathore

 Original Cheque bearing no. 123872 4000 2018 000009 3 on record.

 Cheque return memo issued by the banker to the drawer

 Proof of existence of legally enforceable debt or liability

 Copy of the legal notice served on Drawer

 Copy of Visitor’s entry records of Mr. Roop’s office

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