BEFORE THE JUDICIAL MAGISTRATE

FIRST CLASS, FARIDABAD

In the matter of:-

M/s Vikas Strips Pvt. Ltd. ….Complainant

V/s

M/s Accurate Engineers ….Accused

COMPLAINT U/S 138 READ WITH SECTION 141 OF NEGOTIABLE

INSTRUMENTS ACT, 1881 (as per the amendment) READ WITH
SECTION 420 I.P.C.

INDEX

S. No. Particulars Pages

1. Memo of Parties
2. Complaint u/s 138 r/w Section 141 of
Negotiable Instruments Act read with Section
420 I.P.C.
3. Complainant Evidence by way of Affidavit
4. List of Witnesses
5. List of Annexures along with annexures
6. Aadhaar Card of Authorized Representative
7. Vakalatnama

COMPLAINANT

Through Counsel(s)

(Sunil Kumar Bakshi) (Anmol Raj Bakshi)

Place: -Faridabad
Date: -
 BEFORE THE JUDICIAL MAGISTRATE
FIRST CLASS, FARIDABAD

In the matter of:-

M/s Vikas Strips Pvt. Ltd. ….Complainant

V/s

M/s Accurate Engineers ….Accused

COMPLAINT U/S 138 READ WITH SECTION 141 OF NEGOTIABLE

INSTRUMENTS ACT, 1881 (as per the amendment) READ WITH
SECTION 420 I.P.C.

MEMO OF PARTIES

M/s Vikas Strips Pvt. Ltd.

Through its Authorized Representative:
Mr. Deepak Goel

Address – Plot No. 17-18, Sector- 58, Faridabad- 121004

…..Complainant

V/s

1. M/S Accurate Engineers

2. Mr. Gaurav Kumar
3. Neha
Accused No. 1 being a Proprietorship Firm
Accused No. 2 being the Proprietor of Accused No. 1
Accused No. 3 being the Authorized Signatory of Accused No. 1

Address: Plot No. 11, Mujesar, Near Baba Hirday Ram Comlex,
Sector- 24, Faridabad, Haryana- 121002
Also at: 14911 B, Sector- 86, Ozone Apartment Faridabad- 121002

Mobile No.: +91 9910081597

Email Id: arora.etp@gmail.com
….Accused
Through Counsel(s)

(Sunil Kumar Bakshi) (Anmol Raj Bakshi)

Mob- 9811099501 Mob-9873750515

Place: - Faridabad
Date: -
 IN THE COURT OF JUDICIAL MAGISTRATE
FIRST CLASS, FARIDABAD
In the matter of:-

M/s Vikas Strips Private Limited

Through its Authorized Representative:
Mr. Deepak Goel

Registered Address – Plot No. 17-18, Sector- 58, Faridabad, Haryana-

121004
…..Complainant

V/s

1. M/s Accurate Engineers

2. Mr. Gaurav Kumar
3. Neha
Accused No. 1 being a Proprietorship Firm
Accused No. 2 being the Proprietor of Accused No. 1
Accused No. 3 being the Authorized Signatory of Accused No. 1

Registered Address: Plot No. 11, Mujesar, Near Baba Hirday Ram
Complex, Sector 24, Faridabad, Haryana- 121001
Also at: 14911 B, Sector- 86, Ozone Apartment Faridabad- 121002
…..Accused

COMPLAINT U/S 138 R/W SECTION 141 OF NEGOTIABLE

INSTRUMENTS ACT, 1881 (as per the amendment) R/W SECTION
420 OF I.P.C.

P.S.: _________

Respectfully Showeth:-

1. That the Complainant is a Proprietorship Firm having its office and

works on the aforesaid address. That the Complainant is inter alia,
engaged in the business of manufacture and distributor of CRC
Strips, HR Blacks, HR Pickled Oil Strips, ERW CRCA Percision
Round and Selection Tubes etc. and the same had been supplied to
the Accused. That the GST Certificate of the Complainant Firm have
been annexed herewith as Annexure C-1.

2. That the present complaint has been filed through Mr. Deepak Goel
who is the Authorized Representative of the Complainant firm and
who is duly competent and authorized to file the present complaint
vide Authority Letter and he is well conversant with the facts of the
case and to do all the needful including engaging counsel for the
 proper adjudication of the complaint. Copy of the Authority letter
has been annexed herewith as Annexure C-2.

3. That the Accused No.1 is a Proprietorship Firm and Accused No. 2,

Mr. Gaurav Kumar is the Proprietor of Accused No. 1 and Accused
No. 3, Neha is the Authorized Signatory of the Accused No. 1, who
are responsible for its day-to-day functions/activities. It is pertinent
to mention that Accused No. 3 and Accused No. 2, in whose
presence the cheque was handed over to the Complainant and who
had also given personal assurance/guarantee to discharge/pay-off
the outstanding dues, are the Signatory and Proprietor of Accused
No. 1. Hence, the Accused are liable for the grievances raised by the
Complainant. That the GSTIN Details of the Accused Company
procured from the GST portal
(http://services.gst.gov.in/services/searchtp) have been annexed
herewith as Annexure C-3.

4. That the Accused had approached the Complainant and requested

them for providing the afore-mentioned goods. That Complainant had
duly supplied the same by raising invoices, but still the outstanding
dues pertaining to the goods were not cleared by the Accused despite
repeated reminders from the complainant through repeated written
and oral communication. An amount of Rs. 31,00,000/- (Rupees
Thirty One Lakhs Only) is still outstanding as per the pending
Invoices and Book of Accounts. That copy of the pending invoices
along with ledger have been annexed herewith as Annexure C-4
(Colly) and Annexure C-5 respectively.

5. That against the said outstanding legally enforceable liability, the

Accused had issued a cheques to discharge their partial liability
towards the Complainant. That the details of one the cheque is
stated below:

CHEQUE DATE ON DATE OF AMOUNT BANK

NUBBER CHEQUE RETURN
MEMO
160186 21.12.2022 27.12.2022 Rs. 1,50,000/- Indian Overseas
Bank
6. That the Complainant presented the said cheque for encashment
before Complainant’s banker i.e., HDFC Bank, Samaipur, Sector-
56A, Ballabhgarh, Faridabad only after 21.12.2022 but shockingly,
the said cheque was dishonored and returned with the return
memo dated 27.12.2022 on the grounds of “FUNDS
INSUFFICIENT” meaning thereby that the signature of the
Accused is illegible and Accused No. 3, in connivance with Accused
No. 2, who had given personal guarantee to discharge the debt, had
intentionally issued the following cheque with mala fide intention to
defraud the Complainant. The copy of the cheque and the return
memo have been annexed herewith as Annexure C-6 & Annexure
C-7 respectively.

7. That the Accused No. 3 (signatory of the cheque), in the presence of,
and in connivance with Accused No. 2 (who had given personal
assurance to pay off the debt) had given the aforesaid cheque against
admitted legal debt and liability knowing that there would not be
sufficient balance in the account and hence, the said cheque was
issued with an ulterior motive to cheat Complainant, knowing that
the same would be dishonored on presentation. Thus, the Accused
have also made themselves liable to be prosecuted in accordance
with the provisions of the Negotiable Instruments Act,1881.

8. That after receiving the information from the bank regarding

dishonoring of cheque, the Complainant had issued a Legal notice
dated 09.01.2023, which was also served through whatsapp. In spite
of service of the legal notice, the Accused did not come forward for
making the outstanding payment of the Complainant. That copy of
the Legal notice along with the postal receipt and are enclosed
herewith as Annexure C-8 & Annexure C-9 respectively.

9. That as the aforesaid cheque was issued by Accused No. 3 in

collusion with Accused No. 2, who had duly given her personal
assurance to pay off the stated amount, in order to discharge their
partial liability towards the Complainant and the same has been
dishonored by the banker of Accused No.1, therefore the Accused
 have become liable to be prosecuted u/s 420 & 406 of the IPC
and also u/s 138 r/w Section 141 of the Negotiable
Instruments Act, 1881 under which they may be punished to pay
fine up to double the cheque amount and to undergo
imprisonment which may extend up to two years.

10. That the Accused were aware of the entire transaction as stated
above. The Accused are also aware and conscious that the dishonor
of cheques issued in satisfaction of aforesaid liability amounts to a
criminal offence under section 138 of Negotiable Instruments Act,
1881, as amended up to date and is punishable with
imprisonment, which may be extended up to two years and fine,
which may be extended up to twice the amount of the cheque.
Therefore, the Accused are liable to be prosecuted and punished for
the offence committed by them.

11. That the cause of action for filing the present complaint has
accrued after passing of 15 days period after serving the legal
notice, the cause of action is still occurring.

12. That since the cheque in question was presented by the

Complainant with their banker i.e., HDFC Bank, Samaipur, Sector-
56A, Ballabhgarh, Faridabad which falls within the territorial
jurisdiction of this Hon’ble Court; thus this Hon’ble Court has got
jurisdiction to entertain and adjudicate the present complaint.

13. That the proper court fee has been affixed on the complaint. That
for the same cause of action no other complaint has been filed or is
pending in any court of law.

PRAYER:

In the interest of justice, it is therefore, prayed that this Hon’ble Court

may be pleased to accept the complaint to prosecute the Accused(s) in
accordance with law and direct the Accused(s) for making the payment of
double of the cheque amount of Rs. 1,50,000/- with incidental bank
charges and Rs. 5,000/- as the cost of this legal Notice to the
Complainant and compensation out of fine amount U/s 357 Cr. P.C.
read with relevant section of Negotiable Instruments Act. Any other relief
which this Hon’ble Court deem fit and proper may also be passed in favor
of the Complainant and against the Accused.

COMPLAINANT
Through Counsel

(Sunil Kumar Bakshi) (Anmol Raj Bakshi)

Place: - Faridabad
Date:-
 BEFORE THE JUDICIAL MAGISTARTE FIRST
CLASS, FARIDABAD
In the matter of:-

M/s Vikas Strips Private Limited ….Complainant

V/s

M/s Accurate Engineers ….Accused

COMPLAINT U/S 138 READ WITH SECTION 141 OF NEGOTIABLE

INSTRUMENTS ACT, 1881 (as per the amendment) READ WITH
SECTION 420 I.P.C.

AFFIDAVIT

Respectfully Showeth:-

I, Gaurav Kumar, Authorized Representative of M/s Vikas Strips Private

Limited, Plot No. 17-18, Sector- 58, Faridabad, Haryana-121004, do
hereby solemnly affirm and declare as under :-

1. That the Complainant is a Proprietorship Firm having its office and

works on the aforesaid address. That the Complainant is inter alia,
engaged in the business of manufacture and distributor of CRC
Strips, HR Blacks, HR Pickled Oil Strips, ERW CRCA Percision
Round and Selection Tubes etc. and the same had been supplied to
the Accused. That the GST Certificate of the Complainant Firm
have been annexed herewith as Ex C-1.

2. That the present complaint has been filed through the Deponent,
Mr. Deepak Goel who is the Authorized Representative of the
Complainant firm and who is duly competent and authorized to file
the present complaint vide Authority Letter and he is well
conversant with the facts of the case and to do all the needful
including engaging counsel for the proper adjudication of the
complaint. Copy of the Authority letter has been annexed herewith
as Ex C-2.

3. That the Accused No.1 is a Proprietorship Firm and Accused No. 2,

Mr. Gaurav Kumar is the Proprietor of Accused No. 1 and Accused
 No. 3, Neha is the Authorized Signatory of the Accused No. 1, who
are responsible for its day-to-day functions/activities. It is pertinent
to mention that Accused No. 3 and Accused No. 2, in whose presence
the cheque was handed over to the Complainant and who had also
given personal assurance/guarantee to discharge/pay-off the
outstanding dues, are the Signatory and Proprietor of Accused No. 1.
Hence, the Accused are liable for the grievances raised by the
Complainant. That the GSTIN Details of the Accused Company
procured from the GST portal
(http://services.gst.gov.in/services/searchtp) have been annexed
herewith as Ex C-3.

4. That the Accused had approached the Complainant and requested

them for providing the afore-mentioned goods. That Complainant
had duly supplied the same by raising invoices, but still the
outstanding dues pertaining to the goods were not cleared by the
Accused despite repeated reminders from the complainant through
repeated written and oral communication. An amount of
Rs. 31,00,000/- (Rupees Thirty-One Lakhs Only) is still
outstanding as per the pending Invoices and Book of Accounts.
That copy of the pending invoices along with ledger have been
annexed herewith as Ex C-4 (Colly) and Ex C-5 respectively.

5. That against the said outstanding legally enforceable liability, the

Accused had issued a cheques to discharge their partial liability
towards the Complainant. That the details of one the cheque is
stated below.
CHEQUE DATE ON DATE OF AMOUNT BANK
NUMBER CHEQUE RETURN
MEMO
160186 21.12.2022 27.12.2022 Rs. 1,50,000/- Indian
Overseas
Bank

6. That the Complainant had presented the said cheque for

encashment before Complainant’s banker i.e., HDFC Bank,
 Samaipur, Sector- 56A, Ballabhgarh, Faridabad, only after
21.12.2022 but shockingly, the said cheque was dishonored and
returned with the return memo dated 27.12.2022 on the grounds of
“FUNDS INSUFFICIENT” meaning thereby that the signature of the
Accused is illegible and Accused No. 3, in connivance with Accused
No. 2, who had given personal guarantee to discharge the debt, had
intentionally issued the following cheque with mala fide intention to
defraud the Complainant. The copy of the cheque and the return
memo have been annexed herewith as Ex C-6 & Ex C-7
respectively.

7. That the Accused No. 3 (signatory of the cheque), in the presence

of, and in connivance with Accused No. 2 (who had given personal
assurance to pay off the debt) had given the aforesaid cheque
against admitted legal debt and liability knowing that signature of
the Accused is illegible and hence, the said cheque was issued with
an ulterior motive to cheat Complainant, knowing that the same
would be dishonored on presentation. Thus, the Accused have also
made themselves liable to be prosecuted in accordance with the
provisions of the Negotiable Instruments Act, 1881.

8. That after receiving the information from the bank regarding

dishonoring of cheque, the Complainant had issued a Legal notice
dated 09.01.2023, which was also served through whatsapp. In
spite of service of the legal notice, the Accused did not come
forward for making the outstanding payment of the Complainant.
That copy of the Legal notice along with the postal receipt and are
enclosed herewith as Ex C-8 & Ex C-9 respectively.

9. That as the aforesaid cheque was issued by Accused No. 3 in

collusion with Accused No. 2, who had duly given her personal
assurance to pay off the stated amount, in order to discharge their
partial liability towards the Complainant and the same has been
dishonored by the banker of Accused No.1, therefore the Accused
have become liable to be prosecuted u/s 420 & 406 of the IPC and
also u/s 138 r/w Section 141 of the Negotiable Instruments Act,
1881 under which they may be punished to pay fine up to double
 the cheque amount and to undergo imprisonment which may
extend up to two years.
10. That the Accused were aware of the entire transaction as
stated above. The Accused are also aware and conscious that the
dishonor of cheques issued in satisfaction of aforesaid liability
amounts to a criminal offence under section 138 of Negotiable
Instruments Act, 1881, as amended up to date and is punishable
with imprisonment, which may be extended up to two years and
fine, which may be extended up to twice the amount of the cheque.
Therefore, the Accused are liable to be prosecuted and punished for
the offence committed by them.

PRAYER:

In the interest of justice, it is therefore, prayed that this Hon’ble Court

may be pleased to accept the complaint to prosecute the Accused(s) in
accordance with law and direct the Accused(s) for making the
payment of double of the cheque amount of Rs. 1,50,000/- with
incidental bank charges and Rs. 5,000/- as the cost of this legal
Notice to the Complainant and compensation out of fine amount U/s
357 Cr. P.C. read with relevant section of Negotiable Instruments Act.
Any other relief which this Hon’ble Court deem fit and proper may
also be passed in favor of the Complainant and against the Accused.

DEPONENT
Verification
I, the above-named Deponent, do hereby solemnly affirm and declare
that the contents of my above affidavit are true and correct to my
knowledge and nothing false or incorrect has been stated therein.
Verified at Faridabad, Haryana on this day of January’ 2023.

DEPONENT
 BEFORE THE JUDICIAL MAGISTRATE
FIRST CLASS, FARIDABAD

In the matter of:-

M/s Vikas Strips Pvt. Ltd. ….Complainant

V/s

M/s Accurate Engineers ….Accused

COMPLAINT U/S 138 READ WITH SECTION 141 OF NEGOTIABLE

INSTRUMENTS ACT, 1881 (as per the amendment) READ WITH
SECTION 420 I.P.C.

LIST OF WITNESSES

Respectfully Showeth:-

That in the above matter the complainant beside himself wants to

examine the following witnesses during the trial of the case:-

1. Complainant himself.
2. The concerned Clerk of HDFC Bank, Samaipur, Sector- 56A,
Ballahgarh, Faridabad.
3. The concerned Clerk of Indian Overseas Bank, New Industrial
Township, Faridabad, Haryana- 121001

Any other witness which deems fit and proper by this Hon’ble Court
for proper adjudication of this case.

It is therefore prayed that this Hon’ble Court may be pleased to

allow the applicant to summon the witnesses.

COMPLAINANT
Through Counsel(s)

(Sunil Kumar Bakshi) (Anmol Raj Bakshi)

Place: - Faridabad
Date: -
BEFORE THEJUDICIAL MAGISTRATE FIRST
CLASS, FARIDABAD
In the matter of:-

M/s Vikas Strips Pvt. Ltd. ….Complainant

V/s

M/s Accurate Engineers ….Accused

COMPLAINT U/S 138 READ WITH SECTION 141 OF NEGOTIABLE

INSTRUMENTS ACT, 1881 (as per the amendment) READ WITH
SECTION 420 I.P.C.

LIST OF ANNEXURES

S. No. Particulars Pages

1. GST Certificate of Complainant (Ex C-1)
2. Authority Letter (Ex C-2)
3. GSTIN Details of Accused No. 1 (Ex C-3)
4. Invoices (Ex C-4) (Colly)
5. Ledger (Ex C-5)
6. Cheque (Ex C-6)
7. Return Memo (Ex C-7)
8. Legal Notice (Ex C-8)
9. Postal Receipt (Ex C-9)

COMPLAINANT

Through Counsel(s)

(Sunil Kumar Bakshi) (Anmol Raj Bakshi)

Place: -Faridabad
Date: -