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Narhar Balwant Thakur Law College, Nashik.

15th Late Advocate D.T. Jaibhave Memorial National

Moot-Trial and Judgement Writing Competition 2023

11 March 2023 to 12 March 2023

Memorial concerning Problem No. 1

BEFORE THE COURT OF HON'BLE JUDICIAL MAGISTRATE FIRST

CLASS, AT DHARASHIV.
S.C.C. No: 112 /2022

Virendra Sachin Bedge Complainant

Versus

Nikhil Satish Shendage Accused

( MEMORIAL FOR COMPLAINANT )

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Table of Content

Sr. Content Page No

No.
1 List of Abbreviation 3
2 Case Referred 4
3 Book Referred 5
4 Suit 6
5 Vakalatnama 10
6 List of Document 11
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List of Abbreviation

1) N.I. = Negotiable Instrument

2) HON’BLE = Honourable
3) S/o = Son of
4) R/o = Resident of
5) Mo.No. = Mobile Number
5) S.R = Serial number
6) OCC = Occupation
7) HDFC = Housing Development Finance Corporation
8) ICICI = Industrial Credit and Investment Corporation of India
9) Adv = Advocate
10) U/s = Under section
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Case Referred

1) Kusum Ingots and Alloys Ltd vs Pennar Peterson Securities Ltd (2000)

2) Harman Electronics Pt. Ltd. v. National Panasonic India Pvt. Ltd. (2004)

3) Bhutoria trading co. v. Allahabad Bank

4) M.M.T.C. Ltd. and Anr. Vs Medchl Chemicals and Pharma (P) Ltd. and Anr.
(AIR 2002 SC182)
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Books Referred

1) Negotiable Instrument Act

( Jayprakash Bansilal Somani)

2) Dishonour of Cheques
( Kush Kalru, Liabilities Civil & Criminal )

3) Negotiable Instrument Act 1881

( Dr. R.K. Bangia)
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IN THE COURT OF HON'BLE JUDICIAL MAGISTRATE

FIRST CLASS,AT DHARASHIV.

S.C.C. No: 112 /2022

Mr. Virendra S/o Sachin Bedge,

Age: 35 years, Occ: Business Complainant
Samta Colony, Dharashiv Tal & Dist. Dharashiv.

VERSUS

Nikhil Satish Shendage

Age: 37 years, Occupation: Agriculturist, Accused
Tambri Vibhag, Dharashiv Tal & Dist. Dharashiv

Complaint under section 138 and read with section 142 of N.I. Act 1881.

THE COMPLAINANT HUMBLY SUBMITS AS UNDER:

MAY IT PLEASE YOUR HONOUR

1) The Complainant is a businessman and residing at Samta Colony, Dharashiv

Tal & Dist. Dharashiv State: Maharashtra. The Complainant is engaged in

construction business. The Accused is the resident of Tambri Vibhag, Tal. &

Dist. Dharashiv. The complainant and accused are acquainted with each other

since childhood and having coordinal and friendly relation between them.

2) On date 24/10/2021 the Accused had approached the Complainant for financial

assistance and told him that he is in need of Rs. 3,00,000/- to purchase plot.

The accused requested and demanded friendly and hand loan of Rs.3,00,000/-
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from the complainant and assured that he will return the said amount after three

months. Considering the need of the accused, on date 26/10/2021 the

complainant advanced hand loan of Rs. 3,00,000/- to accused against the post-

dated cheque no. 000045 of Rs. 3,00,000/- dated 26/12/2021 drawn on HDFC

Bank (hereafter referred as “the disputed cheque”) in presence of witness Mr.

Kuldeep Bhosale. The accused assured to honour the cheque.

3) Accordingly, after the expiration of three months the complainant demanded the

said amount i.e., Rs. 3,00,000/- from the Accused. However, the accused

avoided to repay said friendly hand loan amount to the complainant. Hereafter

the complainant repeatedly demanded the said hand loan but the accused

refused to pay the loan. So, the complainant presented the disputed cheque for

encashment in his bank account at ICICI Bank, Branch Dharashiv on 15/02/2022

The said disputed cheque was dishonoured on account of “funds insufficient”.

The HDFC Bank returned the said disputed cheque to ICICI Bank, branch

Dharashiv. Accordingly, the ICICI Bank returned the disputed cheque to the

complainant on date 17/02/2022 along with the memo.

4) That after receipt of cheque along with memo, complainant communicated

Accused personally, Accused paid no heed to complainant, then after

complainant issued legal notice on date 25/02/2022 and posted by R.P.A.D on

26/02/2022 and demanded the cheque amount and warned about the legal

consequences if Accused failed to pay the amount under the cheque.

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5) Complainant issued legal notice hereto annexed with list of document Office

copy of the issued notice dt. 25/02/2022. by R.P.A.D. Hereto annexed with list

of documents, original postal slip/receipt of the issued notice on dt. 26/03/2022

to the Accused on his address. The notice sent by R.P.A.D. and Thirty days’

time ordinarily must be held to be sufficient for service of notice to accused which

was deemed to be completed on 31/03/2022 thus, it is also effective service.

The notice sent by R.P.A.D. is deeming to be received (as per

Acknowledgement of Notice) hereto annexed with list of document original copy

of Acknowledgement of Notice. Irrespective of this Accused replied to the notice

denying the claims in totality. Hence the Cause of action arose on 06/03/2022.

6) The Complainant states that the accused deliberately neglected and failed to

make the payment of the said cheque amount within 15 days from receipt of the

demand notice till date, hence the accused has committed the offence

punishable under Section 138 of the Negotiable Instrument Act, 1881, hence

the Complainant has filed the present complaint. The complainant has deposited

the necessary Court fee of Rs 6000/- with the present complaint.

7) JURISDICTION: The Complainant states that the collection account maintained

at Dharashiv Branch and the cheque issued by the Accused involved in the

matter were presented by the Complainant at Dharashiv Branch, which is

situated within the jurisdiction of this Hon'ble Court and therefore this Hon'ble
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Court is proficient and competent to try, entertain and dispose of this complaint

accordingly to law.

8) The Complainant therefore, most humbly prays that: -

a) That the Accused be tried for the offences Committed under Section 138 to

142 of the Negotiable Instrument Act, 1881 and the Accused be punished

along-with penalty and be directed to pay the amount of the cheque.

b) That the Accused be ordered and directed to pay the amount of the cheque

i.e., 300000/- to the Complainant.

c) That this Hon'ble Court be pleased to grant such other reliefs as if may deem

fit in favour of the Complainant in the circumstances of the case and in order

to meet the ends of justice and equity.

d) That this Hon'ble Court be pleased to permit the Complainant to amend and

alter the complaint if required in the interest of justice and equity and for this

act of kindness, the Complainant shall in dutybound ever pray.

Hence the complaint.

PLACE: Dharashiv.
DATE: /03/2022
COMPLAINANT
Virendra Sachin Bedge
Through
Adv. Shivraj N. Mane
(Advocate for Complainant)
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VAKALATNAMA
Before the court of HON'BLE JUDICIAL MAGISTRATE FIRST CLASS, AT DHARASHIV.

S.C.C. No. 112/2022

Between Virendra Sachin Bedge Petitioner / Applicant/ Appellant / Plaintiff

Vs.

And Nikhil Satish Shendage Respondent / Non-applicant/Defendant

I/we……. Virendra Sachin Bedge……....do hereby appoint & retain Advocate Shivraj Mane
hereinafter called as "the Advocates") to be my/ our advocates in the said Suit Appeal /
Petition / Case /Reference / Revision / Execution. I/ we authorize the Advocates to do any or
all of the following on my/our behalf:
a) to represent, act and appear for me/ us;

b) to conduct and prosecute (or defend) the same and all proceedings that may be taken
in respect of any application connected with the same or any decree of order passed
therein;

c) to sign, file, verify, present, and receive all types of documents including plaints,
statements, pleadings, appeals, cross objections, petitions, applications, revision,
withdrawal, compromise or affidavits;

d) to withdraw or compromise or submit to arbitration any differences or disputes that

may arise touching or in any manner relating to the said case;

e) to deposit, draw and receive money, cheques, cash and grant receipts thereof;to do
all other acts and things which may be necessary or expedient, in the opinion of the

f) Advocates, to be done. I/We do hereby agree to ratify and confirm all acts done by
the Advocate or his substitute in the matter as my/our own acts, as if done by me/us
to all intents and purposes.

………………………VB……………………………..
Signatures of Persons Appointing the Advocates

Advocate Name Enrolment no. Mobile No. Signature of Advocate

Shivraj N. Mane MAH2020 1111122222 SM

Date: 17/03/2022 Place: Dharashiv.

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IN THE COURT OE HON'BLE JUDICIAL MAGISTRATE FIRST CLASS,

AT DHARASHIV

S.C.C. No. Of 2022

Between Virendra Sachin Bedge Complainant

Vs.

And Nikhil Satish Shendage Accused

Herein the above matter Complainant submits the following documents as under:

Sr.No. Description of Document Date of Remark

Document
1 Cheque issued by Accused 26/12/2021 Photo Copy
2 Memo issued by Bank 17/02/2022 /Photo Copy
3 Notice issued by Complainant to Accused 25/02/2022 Photo Copy/
4 Receipt of RLAD 26/02/2022 Photo Copy
5 Acknowledgement of Notice 02/03/2022 Photo Copy
6 Account Statement Photo Copy

Date. 17/03/2022

Advocate for Complainant

Adv. Shivraj N. Mane
Dharashiv.
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Cheque issued by Accused (Dishonoured Cheque):

HDFC BANK
DATE: 26/12/2021

Pay __________________Virendra Sachin Bedge _____________ OR ORDER

RUPEES______THREE LAKH ONLY__________________

RS. 3,00,000/-

ACC. NO. 1122334455

N.S. Shendage
Please sign above
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RETURN MEMO

Presenting Bank Name: ICICI Bank Date: 17/02/2022

Cheque Date: 26/12/22 Batch No. 8989

Dear Sir/Madam,
Being unable to obtain payment of the enclosed cheque no. 000045
For Rs: 3,00,000/- Drawn on: HDFC Bank

We return it to you herewith the reason Funds insufficient

The amount has been debited to your Account 1122334455.

Yours faithfully,

Branch Manager
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Advocate
Shivraj N. Mane
B.S.L. LL. B

Ram Nagar, Dharashiv. Pin Code: 413501

Mobile: 12223333444/ 2222333344445

Date: 25/02/2022

To,
Nikhil Satish Shendage
R/o. of Tambri Vibhag, Dharashiv.
Taluka and Dist. Dharashiv
Mobile no. 0987654321

Under the instructions and authority given to me by my client Mr. Virendra Sachin
Bedge, R/o. Samta Colony, Dharashiv having being duly authorized to me to issue this
notice as under,

1) That, Shri. Nikhil Satish Shendage has obtain loan of Rs. 3,00,000/-( In words
Rupees Four Lakh only) from my client and gave assurance about repayment
of loan and also issued a post-dated cheque bearing No. 000045 dated
26/12/2021 drawn on HDFC Bank Br. Dharashiv of sum of Rs. 300000/- (In
words Rupees Three Lakh only) to my client. At the time of issuance of the said
cheque you assured my client about encashment of cheque amount.

2) After the expiration of the time period my client approached you personally and
demanded the repayment of the loan amount thereon. Since some few months
you are denying to pay the loan.

3) That after continuous denial of the repayment of the loan the aforesaid cheque
was presented to account of my client bank to encash before ICICI Bank Branch
Dharashiv and it was presented to HDFC Bank Branch Dharashiv by ICICI Bank
Branch Dharashiv, but the said cheque was returned unpaid with bank memo
to my client 17/02/2022 and same was returned to my client on dated
17/02/2022 insufficient fund in your saving account to meet the demand.
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4) That you have dishonestly and fraudulently cheated to my client and have
caused irreparable loss by not repaying the loan amount thereon. As you have
full knowledge that there is no sufficient balance in your account so also you
gave a cheque to my client and cheated my client and committed an offence
U/s 138 of that and N.I. Act.

5) Through this notice you are called upon to pay to my client a sum of
Rs.300000/- (In words Rupees Three Lakh only) within 15 days from the receipt
of this notice. Failure to which my client will constrain to take legal action against
you and you will be personally held responsible for cost consequences arising
out of proceedings.

Copy of Notice is kept as office record to Us.

Hence this notice.

Date. 25/02/2022
Shivraj N. Mane
Advocate, Dharashiv.
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Receipt of RPAD:

QW123ER55677
COUNTER NO: 12/33
TO: NIKHIL SHENDAGE
DHARASHIV
FROM: VIRENDRA BEDGE
WT: 150 GMS
AMT: 100 Rs. 26/02/22 12:30PM
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Acknowledgement of Notice:

Notice received by
Mr. Nikhil Shendage
on date. 01/03/2023.
FROM,
Nikhil Satish Shendage
Tambri Vibhag, Dharashiv.
S.D N.S Tq & Dist. Dharashiv

Postman Receiver –
Sign Sign

TO,
Virendra Sachin Bedge
Samta Colony , Dharashiv.
Tq & Dist. Dharashiv
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HDFC HDFC BANK

STATEMENT OF ACCOUNT
BANK DHARASHIV BRANCH

Account Number: 009988776655

Statement Date: 01/03/22 Page 1 of 1
01/02/22 to
Period Covered:
16/02/22

Nikhil Shendage Opening Balance: 75,800.00

Tambri Vibhag,
Total Credit Amount: 15,000.00
Dharashiv.
Total Debit Amount: 94,000.00
Closing Balance: 1,800.00
Dharashiv BRANCH Account Type: Current Account
Number of Transactions: 8

Transactions
Date Description Credit Debit Balance
01/02/2022 Payment - Credit Card 5,400.00 75,800.00
03/02/2022 Payment - Insurance 3,000.00 72,800.00
08/02/2022 Account Transfer In 10,000.00 82,800.00
10/02/2022 Cheque Deposit 5,000.00 87,800.00
12/02/2022 Payment - Electricity 1,500.00 86,300.00
13/02/2022 Payment - Water Utility 600.00 85,700.00
15/02/2022 Payment - Car Loan 3,500.00 82,200.00
16/02/2022 Account Transfer Out 80,000.00 2,200.00
--- End of Transactions ---