LATE GOVINDRAO WANJARI COLLEGE LAW

NAGPUR.

Moot Court Practical 2022-23

Before The Hon’ble Judicial Magistrate First Class Special Court Of

Sec 138 Negotiable Instruments Act 1881, At Nagpur.

S.C.C. No :- /2023

Mr. Amit............................................................................Complainant

Versus

Mr. Kushal........................................................................Accused

Submitted by: HARSHAL R. RAMTEKE

LL.B Three years six semesters 2022-2023

Before The Hon’ble Judicial Magistrate First Class Special Court Of Sec
138 Negotiable Instruments Act 1881, At Nagpur.

S.C.C. No :- /2023

Mr. Amit...........................................................................................Complainant

Versus

Mr. Kushal........................................................................................Accused

Criminal complaint under Section 138 and of Negotiable Instruments

Act 1881.

2
 INDEX

 Table of Content
 Index of Authorities

 Statement of Jurisdiction
 Statement of Facts

 Issued Raised
 Summary of Arguments

 Body of Argument
 Prayer

3
 INDEX OF AUTHORITY

Book Referred

 The negotiable instruments act 1881

Cases Referred

 Gangabai -Vs- santosh S.C.C /18003/2022

 vijay Vs- manju S.C.C /23017/2022

4
 STATEMENT OF JURISDICTION

PENALTIES IN CASE OF DISHONOUR OF CERTAIN CHEQUES FOR

INSUFFICIENCY OF FUNDS IN THE ACCOUNTS

Negotiable Instruments Act 1881

Sec 138. Dishonour of cheque for insufficiency, etc., of funds in the account.—Where any
cheque drawn by a person on an account maintained by him with a banker for payment of
any amount of money to another person from out of that account for the discharge, in
whole or in part, of any debt or other liability, is returned by the bank unpaid, either
because of the amount of money standing to the credit of that account is insufficient to
honour the cheque or that it exceeds the amount arranged to be paid from that account by
an agreement made with that bank, such person shall be deemed to have committed an
offence and shall, without prejudice to any other provision of this Act, be punished with
imprisonment for 8 [a term which may be extended to two years’], or with fine which may
extend to twice the amount of the cheque, or with both:

Provided that nothing contained in this section shall apply unless—

(a) The cheque has been presented to the bank within a period of six months from the date
on which it is drawn or within the period of its validity, whichever is earlier;

(b) the payee or the holder in due course of the cheque, as the case may be, makes a
demand for the payment of the said amount of money by giving a notice; in writing, to the
drawer of the cheque, 9 [within thirty days] of the receipt of information by him from the
bank regarding the return of the cheque as unpaid; and

(c) the drawer of such cheque fails to make the payment of the said amount of money to
the payee or, as the case may be, to the holder in due course of the cheque, within fifteen
days of the receipt of the said notice.

5
 STATEMENT OF FACTS

1. Complainant and accused are school friends, accused dire need of Rupees Three
Lakh and asked complainant to help that accused financial condition in was not
good and accused several time for money contact personally to complainant for the
money particular of transaction.
i. On date **/**/**** Rs. Three Lakh.
2. Therefore complainant demanded his money to accused and on behalf of Rs. Three
Lakh accused issued one post dated cheque against the money.
3. That complainant submits on his bank accused cheque no. ****** dated
**/**/**** but cheque are written for insufficient fund.
4. There for complainant have no alternative accept to issue the legal notice to the
accused on dated **/**/**** the said notice received by accused on dated
**/**/**** and accused reply to the notice denying the claim made by
complainant.

6
 ISSUED RAISED

1. Whether the complainant entitled to under section 138 N.I. act 1881?
2. Whether the complainant interim the compensation under Sec. 143 a of N.I act
1881?

7
 SUMMARY OF ARGUMENT

1. The complainant and accused are friends accused dire need of money of Rs. Three
Lakh, request to complainant by accused for personal used the complainant gives Rs.
Three Lakh by cash against securities of one PDC Cheques of Rs. Three Lakh that
accused will return the same within one months the said cheques present by
complainant in his bank account return due to insufficient fund.
2. That the complainant send the legal notice to the accuse, and accused received the
same and given reply to the notice denying the facts only an intention to cheat and
wrongful gain from complainant,
3. The present complainant filed against the accused therefore on the above objection
the allegation of complainant are totally true and the complainant is mentionable and
liability to get his money from the accused. So complainant filed case against
accused Under Sec 138 N.I act 1881 and IPC 420.
4. That, the intention of the accused at the time of assurance of cheque was malafied as
the accused stopped the cheque intentionally and has committed the offence of
dishonouring of cheques U/s 138 NI Act and also committed cheating with the
complainant and the accused wrongfully gained the make payment from the
complainant and therefore have committed an offence U/s 420 IPC.
5. That , the accused has failed to make payment of above said cheque within stipulated
period and the accused is deliberately and with fully no making the payment of above
said cheques amount . That where as the accused is under legal obligation to make
payment of above mentioned cheque to the complainant.
6. That, the accused has failed to make a payment of Rs.3, 00,000/- within 15 days from
the date of receipt of statutory notice.
7. That, present complaint has been filled against the accused within period of limitation
8. That, the accused is guilty of offence punishable under Section 138 of Negotiable
Instrument Act and is also liable to be prosecuted under Section 420 of Indian Penal
Code.

8
 PRAYER FOR RELIEF

PRAYER :- It is, therefore, prayed that, this Hon’ble Court be pleased to pass the order
against the accused as below:-

(i) Direction is given to the accused to pay double amount of

dishonoured cheques to the complainant;
(ii) To grant any other relief which this Hon’ble Court deems fit under
the circumstances of the case, in the interest of justice.

NAGPUR
DATE : / /2023 COMPLAINANT

COUNSEL FOR COMPLAINANT