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IN THE COURT OF THE CHIEF METROPOLITAN

MAGISTRATE AT VIJAYAWADA
C.F. No: /2023 IN
C.C. No: /2023
BETWEEN
Mothukuri Vinnarao …….. Complainant

AND
Moparthi Ramarao …...…..Accused

PRIVATE COMPLAINT FILED ON BEHALF OF THE

COMPLAINANT U/s 199 (A) AND 200 OF THE CRIMINAL
PROCEDURE CODE

I. DESCRIPTION OF THE COMPLAINANT

Mothukuri Vinnarao, S/o Rama Tataiah, Hindu, aged about 57 years, Business,
Resident of D. No 76-14-95/2A, Nethaji School road, Bhavanipuram,
Vijayawada,520012; is within the limits of Bhavanipuram P.S, Vijayawada City
and is within the jurisdiction of this Hon’ble Court.
ADDRESS FOR SERVICE
C/O His Counsels
K Bhava Narayana,
T Srinivasa Rao,
Advocates,
K. Tadepalle Village,
Vijayawada Rural Mandal, NTR District.
II. DESCRIPTION OF THE ACCUSED:

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Moparthi Rama Rao S/O VeeraBhadrachary, Hindu, aged about 54 years, Bank
employee, Resident of F-402, Sai Square Apartments, Surat Gangadharrao
Street, Ambhapuram Panchayat, Vijayawada – 520012, NTR District.

ADDRESS FOR SERVICE TO SERVE SUMMONS AND COPY OF THE

COMPLAINT ETC IS THE SAME AS ABOVE

III. TIME AND DATE OF OFFENCE

From 17/06/23 and subsequent dates.

IV. PLACE OF OFFENCE

Bhavanipuram, Vijayawada City where the Canara Bank is situated.

V. CHARGE OF OFFENCE

Under Section U/s 128 of the N. I Act.

VI. JURISDICTION

Cheque was presented in Canara Bank, Bhavanipuram Branch for collection and
the same was returned dis-honoured and the said bank located within the limits
of Bhavanipuram P.S limits comes under this Hon’ble Court jurisdiction.

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VII. FACTS OF THE CASE

1. It is respectably submitted that on 25/12/2022, the accused herein
borrowed an amount of Rs.4,00,000/- from the Complainant, in cash at
Vijayawada for the purpose of discharging his petty debts and on the even
date, the accused has executed a promissory note in favour of the
Complainant, promising to repay the said sum with interest @24% per
annum to the Complainant or to his transferee, on demand.
2. It is submitted that, despite repeated demands made by the Complainant,
on 17/06/2023, the accused has issued a bank cheque for Rs.3,00,000/-
towards part payment under the aforesaid promissory note transaction,
drawn on Canara Bank, Venkateswarapuram Branch, Vijayawada. The
said cheque bearing No.502446 of his savings A/C No.16614111005152.
3. It is submitted that, On the same day ie, on 17/06/2023, the Complainant
has presented this said cheque in Canara Bank A/C No:2956101003866
and belongs to the complainant for collection of the cheque amount.
4. It is submitted that on the day when the said cheque was presented i.e.,
17/06/23 itself, the accused bank was pleased to bounce the said cheque
and returned the said cheque along with a Memo stating the reason that
“INSUFFICIENT FUNDS” in the accused bank amount.
5. It is submitted that on 27/06/2023, the Complainant herein got issued a
registered legal demand notice to the accused demanding him to pay the
cheque amount to the Complainant within 15 days from the date of
receipt of the said notice.
6. It is submitted that on 30/06/2023, the accused received the registered
legal demand notice dated 27/06/2023 but kept quiet with no payment or
reply.
7. It is submitted that the accused is a bank employee and is well aware of
the consequences of issuing fake cheques with no balance in his bank
account. “Issuance of bank cheque with no balance in the account is an

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offence under section 138 of N.I Act”. With bonafide belief upon the
accused, the Complainant has received the said cheque but the accused
with dishonest intention issued this said fake cheque with an ulterior
criminal motive that to cheat the Complainant. With full knowledge to the
accused, he has issued the said fake cheque to the Complainant. Thus, the
accused is liable to be punished U/s 138 of N. I Act. Even after serving
the legal demand notice, the accused failed to discharge his part of the
legal obligation towards the Complainant. Thus, the Complainant is
constrained to file this complaint against the accused.

Therefore, this hon’ble court may be pleased to:

a) To take the complaint on this Hon’ble court file.

b) On taking a sworn statement from the complainant get the complaint
numbered and issue a summons to the accused.
c) Try the case and punish the accused for the offence committed by him
with a charge under section 138 of N. I Act.
d) For the other suitable relief or relives that this Hon’ble deems fit and
proper, in the circumstances of the case.

Filed by Be pleased to
consider

Advocate for the Complainant Complainant

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What are the facts stated above are true and correct to the best of my knowledge
and belief and information.

Vijayawada, Complainant
26/07/2023.

LIST OF DOCUMENTS FILED ON BEHALF OF THE COMPLAINANT

1) 25/12/2022 Original promissory note executed by the Accused

in the name of the Complainant, 2) 17/06/2023 Original returned
dis-honoured cheque bearing No:
502446 which was issued by the accused to the.
Complainant,
3) 17/06/2023 Bank Memo stating the reason that Insufficient
Funds 4) 27/06/2023 Office copy of the registered legal
demand notice and postal receipt
5) 30/06/2023 Postal Acknowledgment Due with the
attestation of the Accused.

Vijayawada, Be pleased to consider

/07/2023.

Advocate for the Complainant

LIST OF WITNESSES FILED ON BEHALF OF THE

COMPLAINANT

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1) Complainant by name Mothukuri Vinnarao, S/o Rama Tataiah,

Bhavanipuram Vijayawada.
2) The Bank Manager, Canara Bank, Venketwarapuram, Vijayawada.
3) The Bank Manager, Canara bank, Bhavanipuram Branch,
Vijayawada.

Vijayawada, Be pleased to consider

/07/2023.

Advocate for the Complainant

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