In the Court of Chief Metropolitan Magistrate,

Shahdara, Karkardooma Court at New Delhi

Ct. Case. No. ______/2018

In the matter of:

Mr. Rana Gurdayal Singh

Prop. of M/s Agri-Evo Chemical Company
Age about 55 years
Cont: 9654455896 …Complainant

Versus
Mr. Jasvinder Singh
Prop. of M/s Shri Guru Nanak
Agriclinic ...Accused

Section: 138 N.I Act

Police Station: Anand Vihar
District: Shahdara

Complaint U/S 138 R/W Sec. 142 of the Negotiable Inst. Act, 1881

Most respectfully submitted as under:

1. That the Complainant, Mr. Rana Gurdayal Singh, is the sole

proprietor of M/s Agri-Evo Chemical Company (Sole

Proprietorship Concern), having its Regional Office address at

Near Kailash Medicare Center, Meerut Road Ghaziabad U.P.

India, whereas material is also supplied from their Depot at VPO

Tigri, District Sirsa, Haryana. The complainant is engaged in the

business of trading Agrochemicals and Bio Products meant for

 agricultural usage only (hereinafter referred to as said goods) under

the head and style of M/s Agri-Evo Chemical Company. It is a

widely known and reputed business entity in itself in the entire

market. The Copy of the Registration certificate (Form GST REG-

25) of the firm is annexed herewith as Annexure C-1.

2. That the Accused, Mr. Jasvinder Singh, Prop. of M/s Shri Guru

Nanak Agriclinic, having address at- opposite Indane, Nainital

Road, Bilashpur, Rampur, UP- 244921, and also at- Village-

Sihore, Tehsil-Bilashpur, District-Rampur, UP-244921, is engaged

in the business of selling and purchasing of the said goods, and as

such the accused has control over the proprietorship concern and

being the signatory of the cheque are liable for all the facts and

deeds committed by in the name of sole proprietorship.

3. That for the sale of the said Goods to the Accused, the

Complainant in the ordinary course of its business has been

maintaining a current account of the Accused in the name of “M/s

Shri Guru Nanak Agriclinic”, which is being run by the Accused,

Mr. Jasvinder Singh in the capacity of proprietor.

4. That the Accused knew about the business of the Complainant and

the influence of name and reputation of the Complainant, the

Accused approached the Complainant for the purchase of the

above-said goods i.e., Agrochemicals and Bio Products meant for

 agricultural usage only. The complainant and the accused agreed

and signed the Authorized Distributor Agreement whereby the

Complainant appointed the accused as distributor for marketing/

selling of the complainant’s product. It was agreed between the

accused and complainant that the accused will make the purchase

order and the complainant will raise the invoice and deliver the

said goods to the accused. It was also agreed that the 45 credit days

will be given to the accused from the date of invoice to make the

payment. It was also policy of the complainant that all the payment

should be made through DD/cheque/NEFT/RTGS, no payment or

material is to be given to any person and from time to time should

get account balance confirmation from distributor. Original

distributor agreement has been annexed herewith as Annexure C-

2.

5. In pursuance of the above-said agreement, from 10.12.2015 to

07.11.2016, the accused, made various purchase order of the said

goods and made various payments to the complainant. The

complainant raised the invoices of the same and delivered the

purchased good to the accused through transport.

6. It is stated that the complainant subject to various transaction with

the accused firm discovered that there was a significant

outstanding liability on the accused against which the accused was

 liable to clear the payment. That the accused liability showed in the

book of account maintained by the complainant at Delhi was found

to be an amount of Rs. 58,874/- (Rs. 45,816/- as principal amount

and Rs. 13,058/- as interest amount) on 17.04.2018. The

ledger/current account and the certificate U/S 65 (B) of the Indian

Evidence Act, 1872 supporting ledger account are annexed

herewith as Annexure C-3 and Annexure C-4 respectfully. The

copy of the invoices evidencing the current account is annexed

herewith as Annexure C-5(Colly).

7. The Complainant made so many requests to pay this amount and,

on these requests and demand, the accused issued a cheque,

bearing no. 062994 dated 18.04.2018 of amount of Rs. 58,874/-

(Rupee Fifty-Eight Thousand Eight Hundred Seventy-Four Only),

drawn on the Nainital Bank Ltd. Near Shiv Bagh Nandi, Bilashpur,

District- Rampur, UP-244921 (hereinafter referred to as impugned

cheques) in the name of complainant with the assurance of honor

as and when presented for encashment. Original Cheques, bearing

no. 062994 dated 18.04.2018 of amount of Rs. 58,874/- issued by

the Accused are annexed herewith as Annexure C-6. The details

of the cheque has been given below in detailed:

Cheque No. Dated Amount (Rs.) Drawn on

062994 18.04.2018 Rs. 58,874/- the Nainital Bank Ltd. Near

Shiv Bagh Nandi, Bilashpur,
 District- Rampur, UP-
244921

8. That relying upon the assurance of the Accused, when the

Complainant presented the said cheque, bearing no. 062994 dated

18.04.2018 of amount of Rs. 58,874/- (Rupee Fifty-Eight

Thousand Eight Hundred Seventy-Four Only), drawn on the

Nainital Bank Ltd. Near Shiv Bagh Nandi, Bilashpur, District-

Rampur, UP-244921 to his banker Allahabad Bank, B-3, Bulbul

Nest, Ashoka Niketan, Anand Vihar, New Delhi-110092, the

impugned cheque returned unpaid with quotation “Fund

Insufficient”, vide Outward Clearing Return Memos dated

19.04.2018. This was very shocking and surprising to the

Complainant who felt cheated from this sort of behavior of the

accused. the ‘Outward Clearing Return Memos’ dated 19.04.2018

is annexed herewith as Annexure C-7.

9. The complainant without any delay communicated the same to the

accused over the phone and sent a legal notice on 23.04.2018,

through its counsel in respect of the said cheque U/S 138 of the

Negotiable Instrument Act, 1881 to the accused through speed

post, informing the accused about the return of the said cheque on

account of “Fund Insufficient”, and with a demand to make

payment of Rs. 58,874/- (Rupee Fifty-Eight Thousand Eight

Hundred Seventy-Four Only) against the aforesaid cheque, bearing

 no. 062994 dated 18.04.2018 of amount of Rs. 58,874/- (Rupee

Fifty-Eight Thousand Eight Hundred Seventy-Four Only). Copy of

the legal notice is annexed herewith as Annexure C-8, the postal

receipts are annexed herewith as Annexure C-9(A) & Annexure

C-9(B) and tracking reports is annexed herewith as Annexure C-

10(A) & Annexure C-10(B) respectively.

10.That in the view of the above-mentioned facts, and events narrated

herein above, it is very much evident that the accused, herein have

mischievously and dishonestly issued the aforesaid cheque with

ulterior motives, knowing full well that the said cheque would not

be honored on account of his ill intention and oblique scheme.

11.That the complainant has been wronged by the accused as per the

statutory provisions of the Negotiable Instrument Act, 1881

accordingly as above stated the accused is liable for consequences

as prescribed under section 138 of the Negotiable Instrument Act

for the commission of such offences and payment of compensation

as per section 357 of the CrPc.

12.That by conduct of the Accused, it is ample clear that Accused

with malafide intention and ill motive is trying to avoid the

payment of the Complainant which is due on the Accused for long

 and escaping from the liability to pay the due amount to the

Complainant.

13.That on account of dishonor of aforesaid cheque, the Accused is

liable to prosecuted under section 138 of Negotiable Instrument

Act, 1881 as amended up to date under which the Accused is liable

to be punished with imprisonment which may be extend to two

years or with fine which may extend to twice the amount of cheque

or with both.

14.That a valid cause of action has arisen to file the present complaint

against the Accused in accordance with Section 138 of the

Negotiable Instrument Act, 1881, when the said Cheque, bearing

no. 062994 dated 18.04.2018 of amount of Rs. 58,874/- (Rupee

Fifty-Eight Thousand Eight Hundred Seventy-Four Only), were

returned un-cleared, on 19.04.2018, by the bank of the accused to

the Complainant’s bank with the remark “Fund Insufficient” and

the complainant was informed about the dishonor of cheque in

question vide Outward Clearing Return Memo dated 19.04.2018.

the cause of action further arose when the complainant through its

counsel on 23.04.2018 sent a legal notice to the accused under the

Section 138 Negotiable Instrument Act, 1881 and the accused was

failed to make payment within the statutory time limit prescribed

by the Negotiable Instrument Act, 1881.

 15.That the complainant had presented the aforesaid Cheque well

within its validity period and the aforesaid cheques were

dishonored due to “Fund Insufficient” and the present complaint is

being filed within limitation period prescribed by the Negotiable

Instruments Act, 1881.

16.That the said cheque was presented within the jurisdiction of this

Hon’ble Court since the complainant maintain its account with the

branch of the bank i.e. Allahabad Bank, B-3, Bulbul Nest, Ashoka

Niketan, Anand Vihar, New Delhi-110092 that falls within the

jurisdiction of this Hon’ble Court. It is submitted that this Hon’ble

Court has the jurisdiction to entertain and try the instant complaint

under the Negotiable Instrument Act, 1881 in accordance with the

amendment introduced vide the Negotiable Instrument

(Amendment) Act, 2015.

PRAYER

It, is therefore, most respectfully and humbly prayed that this Hon’ble

Court may graciously be pleased to:

a) Summon, try and prosecute the accused as per the provisions of

Section 138 of Negotiable Instrument Act, 1881.

 b) Award compensation and impose the fine against the accused as

per the Provisions of Section 357 CrPC in the interest of Justice

c) Award the cost of litigation charges in favor of the complainant.

d) Any other relief which the Hon’ble Court may deem fit and

proper.

AND FOR THIS OF KINDNESS, THE COMPLAINANT AS IN DUTY

BOUND SHALL EVERY PRAY.

Complainant

(Counsel for Complainant)

Adv. V.K.Puri (D/2799/2006),

Adv. Manoj Kumar (D/1835/2011)
Adv. Gajendra Singh (D/3850/2013)
(Associates of Puri & Puri Advocates)
Place: Delhi 4969/5, First Floor, Sirkiwalan, Next to
Date: 06/ 04/ 2018 Hauz Qazi Police Station, Delhi-
110006