In the Hon’ble court of Judicial Magistrate First Class Nashik, at Nashik

Mr Anil Sunil Kumar,

Age- 40 occupation- Business

Res- Flat no 1 ,Evergreen Apartment, ------Plaintiff

Govind Nagar ,Nashik- 420009

V/S

Mr Shakti Prem Kumar,

Age -42 ,Occupation-service,

Res -Flat no- 3,Vasudha Apartment, --------Defendant

Rane Nagar, Nashik- 422010.

Suit U/S 138 of Negotiable Instrument Act ,1881

The Plaintiff respectfully submits that:

1. The Plaintiff is a Businessman carrying out the business of manufacturing

and selling raw material for food product.
2. The Plaintiff resides at the above mentioned address for past 10 years and
Defendant is a close friend of Plaintiff as they were neighbours as well as
Classmates in the college.
3. The Plaintiff and Defendant have helped each other during many problems
faced by each of them in their lives.
4. when in the month of January 2023 the Defendant’s mother got diagnosed
with brain cancer and the Defendant did not had the means and financial
 capacity for the Hospital Expenses as well as for Chemotherapy, the Plaintiff
helped him by lending him an amount of ₹5,00,000 drawn on check number
_______of Bank of Baroda dated 28 January 2023.
5. At that time the Defendant Orally promised that he will return the said
amount of ₹5,00,000 to Plaintiff within 6 to 7 Months.
6. On 4th February,2023 the Defendant ’s mother died due to cancer and during
her last rites the Plaintiff actively helped the Defendant in all and anyway
possible for him.
7. In the month of September the Plaintiff faced a huge loss in his business due
to which he started facing financial difficulties as he had to pay the remaining
dues of his suppliers.
8. The Plaintiff requested from the Defendant to return the said amount of
₹5,00,000 to him on 15th September,2023 to which the Defendant agreed.
The Defendant gave a cheque of rupees of ₹3,00,000 drawn on check number
_______ of bank, Bank of Baroda dated 29th September 2023. The Defendant
requested the Plaintiff to deposit the cheque after 2 weeks so that he can
arrange the sum of amount ₹3,00,000. The Defendant also promised to give
the remaining ₹2,00,000 to the Plaintiff as soon as possible. As agreed
between the parties, the Plaintiff deposited the check of rupees 3,00,000 in
his bank Bank of Baroda, on Friday, 29th September 2023.Then on Tuesday
3rd October,2023 the bank notified the Plaintiff that the check deposited by
him in his account has been dishonoured due to insufficient funds in the
drawers account. The Plaintiff visited the bank the same day and received the
memo of “Insufficient funds in the drawers account”.
9. The Plaintiff immediately called the Defendant to ask him about the
dishonoured check to which the Defendant answered that he failed to arrange
 the said amount of rupees 3 lakh and he is in no position to give the Plaintiff
any amount right now.
10. This caused Plaintiff to get angry at Defendant and the Plaintiff demanded
from the Defendant to pay the whole amount of Rs5,00,000 in 20 days time
as due to the belief in the promise by Defendant the Plaintiff had promised
to his suppliers to pay his remaining dues in the month of October 2023.
11. The Defendant during the 20 days time period did not returned the full or
any amount to the Plaintiff or even contacted the the Plaintiff even once.
The Plaintiff after 20 days period called the Defendant but the Defendant
did not answered his phone or even replied to his messages. With no choice
left the Plaintiff even visited the Defendant s home on on 26 October 2023
where the Defendant s family member said to him that the Defendant is
currently out of town.
12. The Plaintiff on 29th October sent a legal notice to the Defendant through
his Advocate Mr. Siddharth Agarwal and demanded that the Defendant
should pay the amount of Rs 5,00,000 within 15 days from the date of
receiving the Notice.
13. The Defendant received the notice on first November 2023. But despite
receiving the notice the Defendant did not sent any reply or contacted the
Plaintiff in anyway in the 15 days time period. The Plaintiff was left with no
choice but to file a suit against the Defendant in front of the Honourable court
for recovering the amount given to the Defendant .
14. Cause of action-
Cause of action arose on 16th November 2023 when the
Defendant failed to return the said amount of Rs 5,00,000 within 15 days
from the date of receiving the notice on 1st November 2023.
15. Jurisdiction-
 The Honourable court has jurisdiction to hear and try the matter
as the cause of action has arose in Nashik and the Defendant resides in
Nashik.
16. Period of limitation-
The suit is within limitation period as per the provision
of section 138 of the negotiable instrument act 1881.
• Check deposited on - 29th September 2023
• Got memo of check being dishonoured on- 3rd October 2023
• Sent legal notice on - 29thOctober 2023
(25th day after receiving the memo)
• The Defendant received the Notice on- 1st November 2023.
• cause of action a rose on - 16th November 2023.
• The present suit is filed on - 28th November 2023.
17. Stamp duty and court fees-
the appropriate court fees and stamp duty has been
paid.

Prayer

It is therefore most respectfully prayed that this Honourable court maybe please
to:

1. Direct the Defendant to pay the amount as double to the amount covered under
the said dishonoured cheque.
2. The Defendant be punished with maximum sentence prescribed under
negotiable instruments act 1881
3. Such other and further orders maybe passed as maybe deemed fit and proper by
this honourable court .
It is prayed accordingly.

Place-Nashik.
Date-28th November,2023.

_______________
Plaintiff
Mr. Anil Sunil Kumar

__________
Advocate.
Adv. Siddharth Agrawal