BEFORE THE HON'BLE COURT OF CHIEF METROPOLITAN

MAGISTRATE, TIS HAZARI COURTS, DELHI.

C.C. NO. OF 2008

IN THE MATTER OF:-

CHAUHAN MOTORS …………………COMPLAINANT

VERSUS

CHOUDHARY JAGAN SINGH ……………………………ACCUSED

INDEX

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S.No. Particulars Pages
-----------------------------------------------
1. Memo of parties

2. Complaint under section 138/142

of Negotiable Instruments Act,
alongwith affidavit in support.

3. List of witnesses

4. Address form

5. List of the documents alongwith

documents.

6. Vakalatnama

-----------------------------------------------

COMPLAINANT

THROUGH

( VIVEKANAND JHA )
ADVOCATE
PLACE:-DELHI CH.NO.B-17, B.G.S. BLOCK,
DATED:-21/07/2008 TIS HAZARI COURT,DELHI-54
BEFORE THE HON'BLE COURT OF CHIEF METROPOLITAN
MAGISTRATE, TIS HAZARI COURTS, DELHI.

C.C. NO. OF 2008

IN THE MATTER OF:-

CHAUHAN MOTORS …………………COMPLAINANT

VERSUS

CHOUDHARY JAGAN SINGH ……………………………ACCUSED

MEMO OF PARTIES

CHAUHAN MOTORS ………………COMPLAINANT

VERSUS

CHOUDHARY JAGAN SINGH

R/O WP-586, VILLAGE WAZIR PUR,
PHASE-I, ASHOK VIHAR,
DELHI-110052. …………………………ACCUSED

COMPLAINANT

THROUGH

(VIVEKANAND JHA)
ADVOCATE
PLACE:-DELHI CH.NO.B-17, B.G.S. BLOCK,
DATED:-21/07/2008 TIS HAZARI COURT,DELHI-54
BEFORE THE HON'BLE COURT OF CHIEF METROPOLITAN
MAGISTRATE, TIS HAZARI COURTS, DELHI.

C.C. NO. OF 2008

IN THE MATTER OF:-

CHAUHAN MOTORS ………………COMPLAINANT

VERSUS

CHOUDHARY JAGAN SINGH

R/O WP-586, VILLAGE WAZIR PUR,
PHASE-I, ASHOK VIHAR,
DELHI-110052. …………………………ACCUSED

PS:-ASHOK VIHAR

COMPLAINT UNDER SECTION 138/142 OF

THE NEGOTIABE INSTRUMENTS ACT.

MOST RESPECTFULLY SHOWETH:-

1. That the complainant is running a

motors workshop under the name and style
of M/s. Chauhan Motors at the abovesaid
address.

2. The accused approached the

complainant and got repaired Honda City
Car of his relative named Karan Singh,
bearing registration no. DL-3CAK-4043 on
07/09/2007 from the complainant. After
repairing the vehicle as per his
specification, the complainant raised
Bill/Estimate No. 316 for Rs. 38000/-.

3. That after being satisfied with

the work done by the complainant, the
accused issued one post dated cheque
bearing No. 013832 dated 07/05/2008 for
Rs. 26000/- drawn on Oriental Bank of
Commerce, Ashok Vihar, Phase-I, Delhi in
due discharge of his part liability and
assured that the remaining amount will be
paid in cash after clearing of cheque and
also assured that the cheque will be
honoured on its presentation.
4. That the complainant presented the
said cheque firstly on 07/05/2008, but the
same returned dishonoured with remarks
“Insufficient Funds” vide memo dated
08/05/2008. The complainant contacted the
accused and informed him about the fate of
the cheque. The accused apologized for
the same and requested the complainant to
represent the same in the mid of May 2008
and assured that this time said cheque
will be honoured.

5. That accordingly, the complainant

presented the said cheque again with his
banker i.e. Dena Bank, Wazir Pur, Delhi on
17/05/2008 but the said cheque again
returned dishonoured with remarks
“Insufficient Funds” vide memo dated
17/05/2008 and in turn banker of the
complainant returned the said cheque and
memo to the complainant.

6. That after receiving the

dishonoured cheque the complainant
contacted the accused personally on
18/05/2008 and demanded back the cheque
amount but the accused flatly refused to
pay the cheque amount alongwith balance
amount.

7. That the complainant having no

other alternative, got issued a legal
notice dated 06/06/2008 through his
advocate Sh. Rakesh Tanwar, under Regd.
Ad. Cover and UPC. The copies of Legal
Notice, Postal Receipt & UPC slip are
attached herewith. The complainant
through Notice requested the accused to
make payment of dishonoured cheque within
15 days. The notice sent through Regd. as
well as UPC was duly served upon the
accused. It is submitted that despite
service of legal notice, accused has
neither paid cheque amount nor replied the
said notice.

8. That the accused have malafidely,

dishonestly and fraudulently issued the
said cheque in due discharge of his part
 liability knowing if fully well that the
said cheque will not be cleared at the
time of presentation as there is
insufficient funds in the said account,
thus, the accused have committed an
offence which is punishable under section
138 of the Negotiable Instruments. The
accused is also liable to be prosecuted
criminally under section 420 of Indian
Penal Code, 1860, as the accused has
caused unlawful loss to the complainant
and gain unlawful profit to himself.

9. That the accused is liable to pay

the amount of dishonoured cheque i.e. Rs.
26000/- apart from the remaining amount.

10. That the cause of action arose in

favour of complainant at Delhi as the
banker of the complainant is situated at
Wazir Pur, Delhi which comes within
jurisdiction of PS Ashok Vihar, Delhi
hence, this Hon’ble Court has jurisdiction
to try and entertain the complaint.

11. That the present complaint case is

filed well within the period of limitation
and the contents stated above are true and
correct.

It is, therefore, most respectfully prayed

to this Hon’ble Court that this Hon’ble Court
would be pleased to summon, try & punish
accused person as per provisions of law under
Section 138 of the Negotiable Instrument Act
read with section 420 of Indian Penal Code in
the interest of justice.

COMPLAINANT

THROUGH

PLACE:-DELHI (RAKESH TANWAR)

DATED:- 21/07/2008 ADVOCATE
BEFORE THE HON'BLE COURT OF CHIEF METROPOLITAN
MAGISTRATE, TIS HAZARI COURTS, DELHI.

C.C. NO. OF 2008

IN THE MATTER OF:-

CHAUHAN MOTORS …………………COMPLAINANT

VERSUS

CHOUDHARY JAGAN SINGH ……………………………ACCUSED

AFFIDAVIT

Affidavit of Sh.__________________, Prop. Of

M/s Chauhan Motors at _________________________
Wazir Pur, Delhi.

I, the abovenamed deponent do hereby

solemnly affirm and declare as under:-

1. That the deponent is the complainant in

above noted case and is well conversant
with facts & circumstances of the case and
is competent to swear this affidavit
before this Hon’ble Court.

2. The contents of the accompanying

complaint U/s 138 of N.I. Act has been
drafted by my counsel under my
instruction. The contents of the same has
been read over by me; understood by me and
are true and correct to the best of my
knowledge.

3. That the contents of the same may kindly

be read as part and parcel of this
affidavit as the same are not being
repeated herein for the sake of brevity.

DEPONENT
VERIFICATION:-
Verified at Delhi on this 21ST day
of July 2008 that the contents of para no. 1 to
3 of my above affidavit are true and correct to
the best of my knowledge. No part of it is
false and nothing material has been concealed
there from.
 DEPONENT
BEFORE THE HON'BLE COURT OF CHIEF METROPOLITAN
MAGISTRATE, TIS HAZARI COURTS, DELHI.

C.C. NO. OF 2008

IN THE MATTER OF:-

CHAUHAN MOTORS …………………COMPLAINANT

VERSUS

CHOUDHARY JAGAN SINGH ……………………………ACCUSED

LIST OF WITNESSES

1. Complainant firm through its

____________.

2. Clerk concerned of Dena Bank, B/o Wazir

Pur, Delhi with record pertaining to
cheque No.013832 dated 07/05/08 for
Rs.26000/- drawn on Oriental Bank of
Commerce, Ashok Vihar, Phase-I, Delhi and
memo dated 08/05/2008 and 17/05/2008.

3. Clerk concerned of Oriental Bank of

Commerce, Ashok Vihar, Phase-I, Delhi with
record pertaining to cheque bearing No.
013832 dated 07/05/2008 for Rs. 26000/-
drawn on Oriental Bank of Commerce, Ashok
Vihar, Phase-I, Delhi and Memo dated
08/05/2008 and 17/05/2008.

4. Any other witness with permission of

this Hon'ble Court.

COMPLAINANT

THROUGH

PLACE:-DELHI (RAKESH TANWAR)

DATED:-21/07/2008 ADVOCATE
BEFORE THE HON'BLE COURT OF CHIEF METROPOLITAN
MAGISTRATE, TIS HAZARI COURTS, DELHI.

C.C. NO. OF 2008

IN THE MATTER OF:-

CHAUHAN MOTORS …………………COMPLAINANT

VERSUS

CHOUDHARY JAGAN SINGH ……………………………ACCUSED

ADDRESS FORM

The Address of complainant is as under:-

MOHD. HANIF
S/O MOHD. HAMID HUSSAIN,
R/O WZ-410/3, SHAKURPUR
VILLAGE, NEW DELHI-110034

Sir/Madam

All the summon, applications or all

other documents etc. may kindly be served to
the complainant at the above said address and
in case of change of address of complainant,
the same will be furnished to court.

COMPLAINANT

THROUGH

PLACE:-DELHI (RAKESH TANWAR)

DATED:- 21/07/2008 ADVOCATE
BEFORE THE HON'BLE COURT OF CHIEF METROPOLITAN
MAGISTRATE, TIS HAZARI COURTS, DELHI.

C.C. NO. OF 2008

IN THE MATTER OF:-

CHAUHAN MOTORS …………………COMPLAINANT

VERSUS

CHOUDHARY JAGAN SINGH ……………………………ACCUSED

LIST OF DOCUMENTS

1. Photocopy of cheque bearing No. 013832

dated 07/05/2008 for Rs. 26000/- drawn on
Oriental Bank of Commerce, Ashok Vihar,
Phase-I, Delhi.

2. Memos dated 08/05/2008 and 17/05/2008

issued by the banker of the accused.

3. Legal notice dated 06/06/2008 alongwith

Postal Receipt and UPC Slip.

4. Returned Ad. Card.

COMPLAINANT

THROUGH

PLACE:-DELHI (RAKESH TANWAR)

DATED:-21/07/2008 ADVOCATE