CHECK-LIST IN 138 COMPLAINT CASE

Police Station: Index with paging:

District: File Cover:

1 Name and address of Smt.

the complainant
2 Name and address of M/S.
the accused
3 Name of the Police PS-
Station
4 Total Cheque Amount
5 Details Regarding any No
other cases U/s.138 NI
Act pending against
same accused(s)
5(A) Name of the courts N.A.
where such case is
pending
5(B) Complaint case Number N.A.
5(C) Next date of hearing N.A
before such courts
6. Any other information N.A.
(example agreement of
loan etc.) with date and
other particulars
 IN THE COURT OF HON’BLE C.M.M., DISTRICT SHAHDARA,
KARKARDOOMA COURTS, DELHI

C.C. NO.______/2021
IN THE MATTER OF:-
Smt. Neelam … Complainant
Versus
M/S. Tarkash Corporate Communications Pvt. Ltd. … Accused
INDEX

S. NO PARTICULARS PAGE NO. COURT

FEES
1. MEMO OF PARTIES
2. COMPLAINT U/S 138 OF
NEGOTIABLE INSTRUMENTS
ACT-1881 (AS AMENDED UPTO
DATE) ON BEHALF OF THE
COMPLAINANT
3. SUPPORTING AFFIDAVIT
4. PRE-SUMMONING AFFIDAVIT
OF EVIDENCE
5. LIST OF WITNESSES
6. LIST OF DOCUMENTS
ALONGWITH DOCUMENTS
7. VAKALATNAMA

DELHI COMPLAINANT
DATED:- THROUGH:

VIJAY RANI & ASSOCIATES

ADVOCATES
ENROL. NO.D/1459/07
Chambers No.G-711, 7th Floor,
Lawyers’ Chambers Block,
Karkardooma Courts Complex,
New Delhi-110032
Mob No.: 9990698323
 IN THE COURT OF HON’BLE C.M.M., DISTRICT SHAHDARA,
KARKARDOOMA COURTS, DELHI

C.C. NO.______/2021
IN THE MATTER OF:-
Smt. Neelam … Complainant
Versus
M/S. Tarkash Corporate Communications Pvt. Ltd. … Accused
MEMO OF PARTIES

Mrs. Neelam
W/o VirenderPrajapati
R/o 1/3 Street no-5, East Azad Nagar,
Krishna Nagar, Delhi-110052
MOB. NO. 8587853351
…. Complainant
VERSUS
M/S. Tarkash Corporate Communications Pvt. Ltd.
Through Its Director, Mr. Seemendra Kumar Gupta
At F-51, 3RD Floor Main Road,
Patparganj, Delhi-110092
MOB. NO. 9873356160
…. Accused
PS- Jagatpuri, Delhi

DELHI COMPLAINANT
DATED:-
THROUGH:

VIJAY RANI & ASSOCIATES

ADVOCATES
ENROL. NO.D/1459/07
Chambers No.G-711, 7th Floor,
Lawyers’ Chambers Block,
Karkardooma Courts Complex,
New Delhi-110032
Mob No.: 9990698323
 IN THE COURT OF HON’BLE C.M.M., DISTRICT SHAHDARA,
KARKARDOOMA COURTS, DELHI

C.C. NO.______/2021
IN THE MATTER OF:-
Smt. Neelam … Complainant
Versus
M/S. Tarkash Corporate Communications Pvt. Ltd. … Accused

COMPLAINT UNDER SECTION 138 OF NEGOTIABLE

INSTRUMENTS ACT-1881 (AS AMENDED UPTO DATE)

MOST RESPECTFULLY SHOWETH:-

1. That the complainant is a law abiding and peace loving senior
citizen and is residing at his above-mentioned address.

2. That the complainant was appointed as Manager for Digital

Communication by the esteemed office of the accused company
M/S. Tarkash Corporate Communications Pvt. Ltd. vide offer letter
dated 13.07.2021 and salary of the complainant was fixed at
Rs.25000/- per month. Mr. Seemendra Kumar Gupta is the director
of the M/S. Tarkash Corporate Communications Pvt. Ltd.

3. That the complainant did her duty diligently, regularly and with
utmost punctuality and sincerity, but the accused didn’t pay the
salary of the complainant timely. The accused had paid only the
half salary for the month of August-2021 but not paid the salary for
the month of September-2021 and after making repeated request,
the accused issued a cheque bearing no-000842, drawn on ICICI
BANK LIMITED dated 15.10.2021, amounting Rs.12,000/-
(Rupees Twelve Thousands only) towards the liability in respect of
 wages of the complainant and it was assured that the said cheque is
good for payment and would be encashed on its presentation.

4. That thereafter, the complainant with prior information to the

accused had presented the said cheque bearing no-000842 of
Rs.12,000/- for its encashment in her banker i.e. State Bank of
India, Branch at Jagatpuri, Delhi-110051, but the said cheque was
dishonored/bounced with remarks “FUNDS INSUFFICIENT” vide
its returning memo dated 18.10.2021.

5. That after that the complainant apprised the accused about the
dishonour of the above said cheque with the said remark and the
complainant demanded the entire hold amount from the accused,
but the accused deliberately and knowingly started avoiding for the
payment towards the complainant on one pretext to other and from
attitude and conduct of the accused, it is very much clear that he is
not interested to pay the salary of the complainant since inception
and also not interested to honour the commitment made by him.
Moreover, the accused has issued the said cheque despite of
knowing the fact that he is not having sufficient fund, which is a
pre-planned conspiracy and by which, the accused have committed
the offence of the fraud and cheating and for which liable to be
prosecuted as per law.

6. That feeling aggrieved, the complainant through her counsel sent a

Legal Notice dt.20.10.2021 (sent on 22.10.2021) by way of Speed
Post on aforesaid address of the accused as well as by way of
WhatsApp to the number of the accused, thereby demanding the
cheque amount of Rs.12,000/- within 15 days from its receipt.
However the envelope containing legal notice was returned back
with the remarks “incomplete address/no such address”. Although
 the service of notice which was served through WhatsApp to the
accused on his Number-9873356160 on 20.10.2021, has been duly
seen by the accused, but inspite of this the accused neither given
any reply to the notice nor paid the cheque amount to the
complainant so far.

7. That the said cheque of Rs.12,000/- was issued as legal liability

against the salary, but the accused failed to return the said payment,
thus the accused has violated the provisions of U/s. 138 of N.I. Act
(as amended upto date) and for the said cheque amount, the
complainant is constrained to file present legal proceedings under
the provision of NI Act (as amended upto date). Moreover, the
accused is also liable to pay the compensation in the double form
of said payment of cheque alongwith punishment provided under
the provision of NI Act. Hence this complaint case.

8. That the present complaint is being filed within the limitation

period and there is no deliberate delay in filing of the complaint in

terms of the order dated 23.09.2021 passed by the Hon’ble

Supreme Court of India in the Misc. Application No.665/2021 in

SMW(C) No.3/2020 in which the limitation is continued till

03.10.2021 and further provided 90 days’ time qua the cases of

limitation, hence the present case of the complainant is also

covered in terms of the said order of the Hon’ble Court of India.

9. That this Hon’ble court has got jurisdiction to try and entertain the

present complaint as the banker of the complainant i.e. State Bank

 of India, Branch at Jagatpuri, Delhi-110051, falls under PS-

Jagatpuri, Shahdara District, Delhi, which comes under the

territorial jurisdiction of this Hon’ble Court.

10. That the complainant submits that she has not filed any other

complaint case pertaining to the cheque in question, which is

involved in the present case, before this Hon’ble Court or any other

court of State.

P R A Y E R:-
It is, therefore, most respectfully prayed that this Hon’ble Court may

kindly be pleased to:-

i. issue summon, try and punish the accused under Section U/s 138 of

N.I. Act 1881 for the offence committed by the accused and further

the accused may be prosecuted U/s. 420 IPC, in the interest of

justice; AND

ii. pass the litigation expenses in favour of the complainant and against

the accused; AND

iii. direct the accused to pay compensation U/s. 357 of Cr.P.C. to the

complainant against dishonor of the cheque and/or further amount as

compensation, which this Court deems fit and proper in respect of

the interest, advocate fee and to compensate delay and harassment to

the complainant payable by the accused; AND

iv. pass any other order(s) which this Court deems fit and proper be also

passed in favour of the complainant and against the accused, in the

interest of justice.

DELHI COMPLAINANT
DATED:-
THROUGH:

VIJAY RANI & ASSOCIATES

ADVOCATES
ENROL. NO.D/1459/07
Chambers No.G-711, 7th Floor,
Lawyers’ Chambers Block,
Karkardooma Courts Complex,
New Delhi-110032
Mob No.: 9990698323
 IN THE COURT OF HON’BLE C.M.M., DISTRICT SHAHDARA,
KARKARDOOMA COURTS, DELHI

C.C. NO.______/2021
IN THE MATTER OF:-
Smt. Neelam … Complainant
Versus
M/S. Tarkash Corporate Communications Pvt. Ltd. … Accused

PRE-SUMMING EVIDENCE ON BEHALF OF THE

COMPLAINANT/DEPONENT AS CW-1

I, Neelam(Age ___ years) W/o VirenderPrajapati, R/o 1/3 Street no-5, East
Azad Nagar Krishna nagar, Delhi-110052, do hereby solemnly affirm and
declare as under :-

1. That I am deponent herein and the complainant in the above

noted case and am well conversant with the facts and
circumstances of the case as such I am competent to swear this
affidavit.

2. That the deponent was appointed as Manager for Digital

Communication by the esteemed office of the accused company
M/S. Tarkash Corporate Communications Pvt. Ltd. vide offer
letter dated 13.07.2021 and salary of the deponent was fixed at
Rs.25000/- per month. Mr. Seemendra Kumar Gupta is the
director of the M/S. Tarkash Corporate Communications Pvt.
Ltd.

3. That the deponent did her duty diligently, regularly and with
utmost punctuality and sincerity, but the accused didn’t pay the
salary of the deponent timely. The accused had paid only the half
 salary for the month of August-2021 but not paid the salary for
the month of September-2021 and after making repeated request,
the accused issued a cheque bearing no-000842, drawn on ICICI
BANK LIMITED dated 15.10.2021, amounting Rs.12,000/-
(Rupees Twelve Thousands only) towards the liability in respect
of wages of the deponent and it was assured that the said cheque
is good for payment and would be encashed on its presentation.

4. That thereafter, the deponent with prior information to the

accused had presented the said cheque bearing no-000842 of
Rs.12,000/- for its encashment in her banker i.e. State Bank of
India, Branch at Jagatpuri, Delhi-110051, but the said cheque
was dishonored/bounced with remarks “FUNDS
INSUFFICIENT” vide its returning memo dated 18.10.2021.

5. That after that the deponent apprised the accused about the
dishonour of the above said cheque with the said remark and the
deponent demanded the entire hold amount from the accused, but
the accused deliberately and knowingly started avoiding for the
payment towards the deponent on one pretext to other and from
attitude and conduct of the accused, it is very much clear that he
is not interested to pay the salary of the deponent since inception
and also not interested to honour the commitment made by him.
Moreover, the accused has issued the said cheque despite of
knowing the fact that he is not having sufficient fund, which is a
pre-planned conspiracy and by which, the accused have
committed the offence of the fraud and cheating and for which
liable to be prosecuted as per law.
6. That feeling aggrieved, the deponent through her counsel sent a
Legal Notice dt.20.10.2021 (sent on 22.10.2021) by way of
Speed Post on aforesaid address of the accused as well as by way
of WhatsApp to the number of the accused, thereby demanding
the cheque amount of Rs.12,000/- within 15 days from its receipt.
However the envelope containing legal notice was returned back
with the remarks “incomplete address/no such address”.
Although the service of notice which was served through
WhatsApp to the accused on his Number-9873356160 on
20.10.2021, has been duly seen by the accused, but inspite of this
the accused neither given any reply to the notice nor paid the
cheque amount to the deponent so far.

7. That the said cheque of Rs.12,000/- was issued as legal liability

against the salary, but the accused failed to return the said
payment, thus the accused has violated the provisions of U/s. 138
of N.I. Act (as amended upto date) and for the said cheque
amount, the deponent is constrained to file present legal
proceedings under the provision of NI Act (as amended upto
date). Moreover, the accused is also liable to pay the
compensation in the double form of said payment of cheque
alongwith punishment provided under the provision of NI Act.

8. That the deponent is relied upon the following documents:-

i. Copy of offer letter dated 13.07.2021 is marked asMark-

A.

ii. Cheque bearing no-000842, drawn on ICICI BANK

LIMITED dated 15.10.2021, amounting Rs.12,000/- is
exhibited as Ex.CW1/1.

iii. Returning memo dt.18.10.2021 with the remark “FUNDS

INSUFFICIENT” is exhibited as Ex.CW-1/2.
 iv. Legal Notice dt.20.10.2021 (sent on 22.10.2021) alongwith
postal receipt is exhibited as Ex.CW-1/3.

v. WhatsApp screenshot showing the delivery of notice and

confirming of notice by the accused is exhibited as
Ex.CW-1/4.

vi. Returned envelope containing legal notice with the

remarks “incomplete address/no such address” is exhibited
as Ex.CW-1/5

vii. Copy of Aadhaar Card of the complainant is exhibited as

Ex.CW-1/6 (OSR).

9. That the above-referred statements of deponent are true and

correct.

DEPONENT

VERIFICATION:-

Verified at Delhi on this ____ day of December-2021 that the contents of

this affidavit are true and correct to my knowledge and nothing material
has been concealed therefrom.

DEPONENT
 IN THE COURT OF HON’BLE C.M.M., DISTRICT SHAHDARA,
KARKARDOOMA COURTS, DELHI

C.C. NO.______/2021
IN THE MATTER OF:-
Smt. Neelam … Complainant
Versus
M/S. Tarkash Corporate Communications Pvt. Ltd. … Accused
AFFIDAVIT

I, Neelam(Age ___ years) W/o VirenderPrajapati, R/o 1/3 Street no-5, East
Azad Nagar Krishna nagar, Delhi-110052, do hereby solemnly affirm and
declare as under :-

1. That I am deponent herein and the complainant in the above noted

case and am well conversant with the facts and circumstances of the
case as such I am competent to swear this affidavit.
2. That I have filed the accompanying complaint case U/s 138 N.I. Act
before this Hon’ble Court. The contents of the same have been
drafted by my counsel on my instruction and explained to me in my
vernacular language and same may be read as part and parcel to this
affidavit as the same are not being repeated herein for the sake of
brevity.
3. That I say that I have not filed any other complaint case pertaining
to the Cheque bearing no-000842, drawn on ICICI BANK
LIMITED dated 15.10.2021, amounting Rs.12,000/-before this
Hon’ble Court or any other court of State.
4. That my above statements are true and correct statement.

DEPONENT
VERIFICATION:-

Verified at Delhi on this ___ day of December-2021 that the contents of

the above affidavit are true and correct to my knowledge and nothing
material has been concealed therefrom.

DEPONENT
 IN THE COURT OF HON’BLE C.M.M., DISTRICT SHAHDARA,
KARKARDOOMA COURTS, DELHI

C.C. NO.______/2021
IN THE MATTER OF:-
Smt. Neelam … Complainant
Versus
M/S. Tarkash Corporate Communications Pvt. Ltd. … Accused

LIST OF WITNESSES ON BEHALF OF THE COMPLAINANT

1. Complainant herself.

2. Concerned official/witness from the banker of the accused i.e. ICICI

BANK LIMITED, Panchsheel Park Branch, Delhi-110017 as well as
from the banker of the complainant i.e. State Bank of India, Branch
at Jagatpuri, Delhi-110051, alongwith the record of the dishonored
cheque (as detailed mentioned in the complaint case) and other
relevant records pertaining to the bank accounts from the respective
banks of parties.

3. Any other witness(es) with the kind permission of this Hon’ble

court.

DELHI COMPLAINANT
DATED:-
THROUGH:

VIJAY RANI & ASSOCIATES

ADVOCATES
ENROL. NO.D/1459/07
Chambers No.G-711, 7th Floor,
Lawyers’ Chambers Block,
Karkardooma Courts Complex,
New Delhi-110032
Mob No.: 9990698323