IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE,

PATIALA HOUSE COURTS, NEW DELHI.

CRIMINAL COMPLAINT NO. ______ OF 2020.

IN THE MATTER OF:-

M/S. V 3 CHIT FUND INDIA PVT. LTD. : COMPLAINANT
VERSUS
MR. GAURAV VIG : ACCUSED

APPLICATION FOR & ON BEHALF OF THE APPLICANT/COMPLAINANT

UNDER SECTION 143A OF THE NEGOTIABLE INSTRUMENT ACT,
SEEKING INTERIM COMPENSATION OF AN AMOUNT EQUIVALENT
TO/AROUND 20 (TWENTY) % OF THE CHEQUE AMOUNT

MOST RESPECTFULLY SHOWETH:-

1. That the captioned complaint has been filed by the applicant / complainant against
the Accused, and same is pending before this Hon’ble Court which is fixed for
26.03.2022.

2. That the contents of the captioned complaint may be read as a part and parcel of
the present application as the contents of the same have not been repeated herein
for the sake of brevity.

3. It is submitted that a Memorandum of Understanding dated 13.03.2020

(hereinafter the “MOU”) (duly executed and notarized on 16.03.2020) was
executed between the parties pursuant to which it was mutually decided and
agreed between the parties that:
a. An amount of Rs. 20,000/- shall be paid by the accused to the Complainant
Company on the date of execution of the said MOU;
b. An amount of Rs. 60,000/- shall be paid by the accused to the Complainant
Company through the medium of a post-dated cheque duly signed and
executed by the accused bearing date 20.04.2020, cheque no. 000035 and
drawn at ICICI Bank; and
c. The balance amount of Rs. 55,250/- shall be paid by the accused to the
Complainant Company through the medium of another post-dated cheque
duly signed and executed by the accused bearing date 15.05.2020, cheque no.
426664 and drawn at Axis Bank.

4. That on the date of execution of the said MOU, being 16.03.2020; an amount of
Rs. 20,000/- (in cash) was given by the accused to the Complainant Company,
and further, the above said post-dated cheques were handed over by the accused
to the Complainant Company assuring and guarantying the Complainant
Company that the said cheques shall be duly honored as and when presented on
 the date of the said cheques, however, the said cheques as and when presented
were dishonored and further the said Accused failed to remedy the same by
making payment of the cheques amount withing 15 days of the receipt of the legal
notice, hence, the conduct and malafide intention of the Accused is writ at large.

5. It is further submitted that the cheques amount in question is admitted liability of

the accused and as per the recent provision under Section 143A of N.I. Act
Complainant is entitled to 20% amount of the cheques in question. Hence, the
present application.

6. It is further submitted that the applicant seeks the permission to this Hon’ble
Court kindly direct the accused persons to release/immediately pay 20% of the
cheques amount to the complainant as per the NI Act. Hence, the present
application is bonafide and in the interest of justice.

PRAYER:-
In view of the facts and submissions as made hereinabove, this Hon’ble Court
may be pleased to kindly direct the Accused to release/make payment of an amount
equivalent to 20 (twenty)% of the Cheque Amount to the Complainant in the interest of
justice.

Pass such further order or orders as this Hon’ble Court may deem fit and proper in the
facts and circumstances of the case, in the interest of the justice.

DELHI APPLICANT/COMPLAINANT
THROUGH
ADTYANT LEGAL
ADVOCATES
D-14, Jangpura Ext.,
New Delhi-110014.