IN THE COURT OF THE XIII th ADDL.

CHIEF METROPOLITAN

MAGISTRATE AT BENGALURU

P.C.R. No. OF 2023

C.C.No. ___________ OF 2023

BETWEEN:

Mr. Ramchandra P K.,

S/o. Sri. Bhushanprabhu,
Aged about 40 Years,
R/a. No. 3400,
12th Main, ‘A’ Block,
2nd Stage, Rajajinagar,
Bangalore – 560 010 … COMPLAINANT

A N D:

Mr. Gunashekhar R N.,

S/o. Puttamadaiah,
R/a. No. 500, 4th Main Road,
Kariappa Block,
Nagadevanahalli,
Bangalore - 560 021 … ACCUSED

MEMORANDUM OF COMPLAINT UNDER SECTION 200 OF THE CODE

OF CRIMINAL PROCEDURE READ WITH SECTION 138 OF THE

NEGOTIABLE INSTRUMENTS ACT

The Complainant above named respectfully submits as

follows:-

1) That the Address of the Complainant for the purpose of issue

of Court Notices, Summons, etc., from this Honourable Court is as per

the Cause Title above and the Complainant may also be served
through his Counsel Sri. Guruprasad M.N. and Associates, Near

Chandrodaya Theatre, Vidya Peetha Circle, Bangalore – 560 078.

2) That the Address of the Accused for the similar purpose is as

per the Cause Title above.

3) The Complainant submits that the Accused and the

Complainant are friends and are known to each other for the past

some years and the Accused has approached the Complainant in

the month of March, 2023 and requested my client a sum of

Rs.2,00,000/- (Rupees Two Lakhs Only) for his personal purposes as a

hand loan. Believing the Accused in faithful as there was a good

friendship between both, the Complainant has arranged and

provided the Accused a requested hand loan amount of

Rs.2,00,000/- (Rupees Two Lakhs Only) by way of cash on 28.05.2023.

For the said received amount, you have promised my client to repay

the said received amount within 02 months and for the same has also

issued a Postdated Account Payee Cheque bearing No.151617

dated 27.05.2023, drawn on HDFC Bank, Kasturba Road Branch,

Bangalore – 560 001 and the same has been duly signed in favour of

the Complainant and voluntarily handed over by the Accused to the

Complainant. Further the Accused has promised the Complainant

that the same will be honored at the time of its presentation before

the Bank. The Complainant herewith produces the Copy of the

Cheque and marked as “ANNEXURE – A” for kind perusal of this

Honourable Court.

4) The Complainant submits that, as per the request of the

Accused, the Complainant presented the said cheque provided by

the Accused for encashment on 27.05.2023 directly to his banker Axis

Bank, Margosa Road Branch, Bangalore 560 003. But to the

Complainant’s utter shock and surprise, the above said Cheque was

returned dishonoured with the bank endorsements dated 30.05.2023

with a shara “FUNDS INSUFFICIENT”. The same was informed to the

Complainant by the Bank on 31.05.2023 through its memo. The

Complainant herewith produces the Copy of the Bank Endorsement

and marked as “ANNEXURE – B” for kind perusal of this Honourable

Court.

5) The Complainant submits that, immediately after the dishonour

of the said Cheque, the Complainant approached the Accused and

informed about the same and demanded the Accused to repay the

Cheque amount. But the Accused has expressed his financial

difficulties and promised to repay the said hand loan amount within

a day. But till today the Accused has not repaid the said received

hand loan amount. Hence the Complainant constrained to issue the

Legal Notice to the Accused on 12.06.2023. The Complainant

herewith produces the Copy of the Legal Notice and marked as

“ANNEXURE – C” for kind perusal of this Honourable Court.

6) The Complainant submits that, the Legal Notice sent to the

Accused through the Registered Post to his residential Address. The

Legal Notice sent to the Accused through registered post duly served

on 13.06.2023. The Complainant herewith produces the Copy of the

Postal Receipt and Postal Acknowledgement and marked as

“ANNEXURE – D & E” respectively for the kind perusal of this

Honourable Court.

7) The Complainant submits that the Accused through his counsel

has sent a Reply Notice dated: 24.06.2023 to the Complainant’s

Legal Notice and the same has been received by the Complainant’s

Counsel on 30.06.2023. The Complainant herewith produces the

Copy of the Reply Notice and marked as “ANNEXURE – F” for the kind

perusal of this Hon’ble Court.

8) The Complainant submits that, the Accused has issued the said

Cheque deliberately knowing well and knowing the consequences

with pre intention not to pay the Cheque amount and has cheated

the Complainant and thereby the Accused has committed an

offence punishable Under Section 138 of Negotiable Instruments Act.

9) The Complainant submits that, the above Complaint filed

within one month from the date of expiry of 15 days’ time given under

the registered notice for payment of the said Cheque amount of

Rs.2,00,000/- (Rupees Two Lakhs Only) payable to the Complainant

under the aforesaid Cheque and the Complaint filed today is in time.
10) The Complainant submits that the cause of action arose in the

month of May 2023 when the Accused has provided the postdated

27.05.2023 cheque to the Complainant and when the Complainant

presented the said cheque issued by the Accused to the

Complainant’s Banker and the same was returned by the

Complainant’s Banker on 29.05.2023 along with Bank Endorsement /

Shara as “FUNDS INSUFFICIENT” and on 12.06.2023 when the

Complainant issued a statutory Legal Notice to the Accused.

11) The Complainant submits that, the above said Cheque

presented to Accused Bank and returned as unpaid and

dishonoured from the Complainant’s Bank comes within the

jurisdiction of this Honourable Court to take cognizance of the

offence.

PRAYER

W H E R E F O R E, the Complainant above named prays that

this Honourable Court be pleased to take the cognizance of the
offence Under Section 138 of Negotiable Instruments Act and secure
the presence of the Accused before this Honourable Court and dealt
with the Accused in accordance with law and further direct the
Accused to pay the compensation amount out of the fine amount
Under Section 357 of the Code of Criminal Procedure Read With
Section 117 of Negotiable Instruments Act including the Cheque
amount of Rs.2,00,000/- (Rupees Two Lakhs Only) to the
Complainant, in the interest of justice and equity.
ADVOCATE FOR COMPLAINANT COMPLAINANT

VERIFICATION

I, Ramchandra P K., the Complainant herein do hereby

declare that what is stated in Para No. 1 to 11 is true and correct to

the best of my knowledge, belief and information.

BENGALURU

DATE: COMPLAINANT
 IN THE COURT OF THE XIII th CHIEF METROPOLITAN MAGISTRATE AT

BENGALURU

P.C.R. No. OF 2023

C.C.No. _________ OF 2023

BETWEEN:

Mr. Ramchandra P K … COMPLAINANT

A N D:

Mr. Gunashekhar R N … ACCUSED

LIST OF WITNESSES

1) Mr. Ramchandra P K.,

S/o. Sri. Nagabhushan … COMPLAINANT

2) Branch Manager, HDFC Bank, Kasturba Road Branch,

Bangalore.

3) Branch Manager, AXIS Bank, Margosa Road Branch,

Bangalore.

Any other Witnesses will be produced in due course.

BENGALURU

DATE: ADVOCATE FOR COMPLAINANT

 IN THE COURT OF THE XIII th CHIEF METROPOLITAN MAGISTRATE AT

BENGALURU

P.C.R. No. OF 2023

C.C.No. _________ OF 2023

BETWEEN:

Mr. Ramchandra P K … COMPLAINANT

A N D:

Mr. Gunashekhar R N … ACCUSED

LIST OF DOCUMENTS

1) Xerox Copy of Cheque.

2) Xerox Copy of Bank Endorsement.

3) Xerox Copy of Legal Notice.

4) Xerox Copy of Postal Receipt.

5) Xerox Copy of Postal Acknowledgement.

6) Xerox Copy of the Reply Notice

Any other Documents will be produced in due course.

BENGALURU

DATE: ADVOCATE FOR COMPLAINANT

IN THE COURT OF THE XIII th CHIEF METROPOLITAN MAGISTRATE AT

BENGALURU
 P.C.R. No. OF 2023

C.C.No. _________ OF 2023

BETWEEN:

Sri. Ramchandra P K … COMPLAINANT

A N D:

Sri. Gunashekhar R N … ACCUSED

INDEX

SL.No. DESCRIPTION PAGE NOS COURT

FEE

1. Memorandum of Complaint U/S

200 R/w Section 138 of NI Act

2. List of Documents

3. List of Witnesses

4. Vakalathnama

5. Process Memo along with

Accused Copy

Place: Bangalore
Date: Advocate for Complainant

IN THE COURT OF THE XIII th CHIEF METROPOLITAN MAGISTRATE AT

BENGALURU

P.C.R. No. OF 2023

C.C.No. _________ OF 2023

BETWEEN:

Mr. Ramchandra P K … COMPLAINANT

A N D:

Mr. Gunashekhar R N … ACCUSED

LIST OF ORIGINAL DOCUMENTS

1) Cheque.

2) Bank Endorsement.

3) Legal Notice.

4) Postal Receipt.

5) Postal Acknowledgement.

6) Reply Notice

Any other Documents will be produced in due course.

BENGALURU

DATE: ADVOCATE FOR COMPLAINANT