No: 1/2024

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, ------ Complainant

Govind Nagar ,Nashik- 420009

V/S

Mr Shakti Prem Kumar,

Age -42 ,Occupation-service,

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

Rane Nagar, Nashik- 422010.

Complaint U/S 138 of Negotiable Instrument Act ,1881

The Complainant respectfully submits that:

1. The Complainant is a Businessman carrying out the business of

manufacturing and selling raw material for food product.
2. The Complainant has been residing at the above mentioned address for past
10 years and the Accused is a close friend of Complainant as they were
neighbours as well as Classmates in the college.
3. The Complainant and Accused 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 Accused did not had the means and financial
 No: 1/2024

capacity to pay for the Hospital Expenses as well as for Chemotherapy, the
Complainant helped him by lending him an amount of ₹5,00,000 vide cheque
bearing number _______of Bank of Baroda issued on 28th January 2023.
5. At that time the Accused orally promised that he will return the said amount
of ₹5,00,000 to Complainant within 6 to 7 Months.
6. On 4th February,2023 the Accused ’s mother died due to cancer and during
her last rites the Complainant actively helped the Accused in all and anyway
possible for him.
7. In the month of September the Complainant 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 Complainant requested from the Accused to return the said amount of
₹5,00,000 to him on 15th September,2023 to which the Accused agreed. The
Accused issued a cheque of rupees of ₹3,00,000 vide cheque bearing number
_______ of bank, Bank of Baroda dated 29th September 2023. The Accused
requested the Complainant to deposit the cheque after 2 weeks so that he can
arrange the sum of amount ₹3,00,000. The Accused also promised to give
the remaining ₹2,00,000 to the Complainant as soon as possible. As agreed
between the parties, the Complainant deposited the check of Rs3,00,000 for
encashment in his bank, Bank of Baroda, on Friday, 29th September
2023.Then on Tuesday 3rd October,2023 the bank notified the Complainant
that the check deposited by him has returned back dishonoured vide
dishonouring memo dated 3/10/23. The Complainant visited the bank the
same day and received the memo of “Insufficient funds in the drawers
account”.
9. The Complainant immediately called the Accused to ask him about the
dishonoured check to which the Accused answered that he failed to arrange
 No: 1/2024

the said amount of Rs3,00,000 and he is in no position to give the Complainant

any amount right now.
10. This caused Complainant to get angry at Accused and the Complainant
demanded from the Accused to pay the whole amount of Rs5,00,000 in 20
days time as due to the belief in the promise by Accused the Complainant
had promised to his suppliers to pay his remaining dues in the month of
October 2023.
11. The Accused during the 20 days time period did not returned the full or any
amount to the Complainant or even contacted the Complainant even once.
The Complainant after 20 days period called the Accused but the Accused
did not answered his phone or even replied to his messages. With no choice
left the Complainant even visited the Accused s home on 26th October 2023
where the Accused s family member said to him that the Accused is currently
out of town.
12. The Complainant on 29th October sent a legal notice to the Accused through
his Advocate Mr. Siddharth Agarwal and demanded that the Accused should
pay the amount of Rs5,00,000 within 15 days from the date of receiving the
Notice.
13. The Accused received the notice on first November 2023. But despite
receiving the notice the Accused did not sent any reply or contacted the
Complainant in anyway in the 15 days time period. The Complainant was
left with no choice but to file a suit against the Accused in front of the
Honourable court for recovering the amount given to the Accused .
14. Cause of action-
Cause of action arose on 16th November 2023 when the
Accused failed to return the said amount of Rs5,00,000 within 15 days from
the date of receiving the notice on 1st November 2023.
 No: 1/2024

15. Jurisdiction-
The Honourable court has jurisdiction to hear and try the matter
as the cause of action has arose in Nashik and the Accused 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
• The Accused 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 Accused to pay the amount as double to the amount covered under the
said dishonoured cheque.
2. The Accused be punished with maximum sentence prescribed under Negotiable
Instruments Act, 1881.
 No: 1/2024

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.

_______________
Complainant
Mr. Anil Sunil Kumar

__________
Advocate.
Adv. Siddharth Agrawal