Summary Criminal Case No.

:-138/2023

IN THE COURT OF HON’BLE CHIEF JUDICIAL MAGISTRATE, NASHIK,

AT NASHIK

IN THE MATTER OF

Mr. ‘Amol Jagdish Chauhan’

Age-35, Occupation- Service
R/o-Flat No. 10, Wing AB,
Shrirang Apartment, COMPLAINANT…
Near Bali Mandir
Panchavati Amruthdham,
Nashik- 422003.

Versus

Mr. ‘Raghav N. Bhonsale’

Age- 35, Occupation- Business
R/o- Flat no.5, Wing D,
Shri. Sakshi Apartment, ACCUSED…
Indira Nagar Jogging Track,
Indira Nagar, Nashik- 422009.

FOR INDEX KINDLY SEE INSIDE

Ujjwal Laxman Mahale

FILED BY :
STUDENT ADVOCATE
FOR THE COMPLAINANT

FILED ON :
23/04/2024
 MEMO OF APPEARANCE

To,

The Hon’ble Chief Judicial Magistrate,

of Nashik District and session Court,
At Nashik.

Sir, Please enter my appearance on behalf of the Complainant in the

matter above mentioned.

Nashik:

Date:

Ujjwal Laxman Mahale

Student Advocate
Your faithfully
 Exhibit No.

VAKALATNAMA
IN THE COURT OF AT_
SESSION CASE / CIVIL SUIT / CRIMINAL CASE / CIVIL APPEAL / WRITE
PETETION / REVISION APPLICATION NO ___________________OF 201

I am Plaintiff
member of Applicant
Advocates Complainant
Welfare
Appellant
Fund

Yes / No VERSUS
Defendant
Opponent
Accused
Respondent

I / We, the undersigned

the above named

hereby appoint & authorize

Ujjwal Laxman Mahale

STUDENT ADVOCATE
Registration No. MAH / --/--
Advocate Code No.
Yashoda Avenue in front of Rajiv Gandhi
Bhavan Nashik, Nashik ( 422101).
Mobile No.- (+91) 123456789.

to appear act and plead for me / us as my / our Advocate/s in the above matter,
in witness whereof I / We have signed below this

day of ………………………….. 1)……………………………….

Witness 2)……………………………….

Accepted and filled on / /

Signature of Advocate/s
Summary Criminal Case No. 138/ 2023
IN THE COURT OF HON’BLE CHIEF JUDICIAL MAGISTRATE, NASHIK

AT, NASHIK.

Mr. Amol Jagdish Chauhan ,

Age- 35, Occupation - Service
R/O – Flat no.10, Wing AB, COMPLAINANT…
Shrirang Apartment,
Near Bali Mandir,
Panchvati Amrutadham,
Nashik- 422003.

Versus

Mr. Raghav N. Bhonsale

Age-35, Occupation- Bussiness,
R/O – Flat No. 5, Wing D,
Shri. Sakshi Apartment, ACCUSED…
Indira Nagar Jogging Track,
Indira Nagar Nashik,
Nashik- 422009

COMPLAINT – AS per the provisions of section-138 of

Negotiable Instrument Act,1881
 The Complainant Most Respectfully Submits as under –

1. That, the Complainant, is a permanent resident of Nashik and resides with

his family on the above mentioned address. He is a doing service in
Mahindra and Mahindra pvt. Ltd. at satpur Industrial area Nashik.
The Accused and the Complainant are good friend since 12 years.
The Accused is running a eggs wholesale center. The Complainant and the
Accused are school friends.

2. On 1 May 2023, the Accused approached to the Complainant and told him
that the Accused is in need of Rs.3,00,000/- (Rupees three lacks only) for
restarting his eggs center. The Accused asked to the complainant, that, there
was a shot circuit in his eggs center, and the Accused is in dire need of
money for restarting of his eggs business, and requested to lend him the said
amount of Rs.3,00,000/- (Rupees three lacks only) and promised to pay back
the said amount on 01/07/2023.

The Complainant, Agreed to lend to the Accused the said amount of

Rs.3,00,000/- (Rupees three lacks only) taking into consideration the
relation between the Complainant and the Accused and as the Accused
promised to return the said amount on 1 July 2023. The Complainant for the
security of his money asked to the Accused, to give a post dated cheque of
01/07/2023 of Rs.3,00,000/- (Rupees Three Lacks only). The Accused also
agreed to the same.

3. As per the mutual agreement between the Complainant and the Accused, the
Complainant transferred Rs.3,00,000/- (Rupees three lacks only)from his
Account maintained with HDFC BANK, Branch Panchavati, Nashik,
through R.T.G.S on 01/04/2023 in the personal Account of the Accused
maintained with ICICI Bank, Branch Indira Nagar, Nashik and the Accused
gave a cheque drawn on ICICI Bank, Branch Indira Nagar, Nashik, baring
Cheque No. ‘004141’ of his personal Account dated 01/07/2023 of
Rs.3,00,000/- (Rupees three lacks only) in favour of the Complainant.
 The Said cheque is written by the Accused, the amount is also written by
the Accused and the cheque is duly signed by the Accused in presense of
the Complainant. The copy of the bank statement of complainant Sr.No.1.
The said amount was given to the Accused as a hand loan without
interest, and this amount of Rs.3,00,000/- (Rupees three lacks only) is
given by the Complainant to the Accused only taking into consideration
the relation between the Complainant and the Accused promised to return
the said amount on 01/07/2023.

4. While giving the above mentioned cheque to the Complainant the Accused
had assured that if the Complainant deposits the said cheque in the his
Account, it will certainly get honoured, but the Accused also requested the
Complainant that if possible he will pay back the said amount in cash and
will give back the said cheque.

So as per request of the Accused on 01/07/2023 the Complainant

called the Accused on his mobile and requested the Accused to give back
the said amount of Rs.3,00,000/- (Rupees three lacks only) in cash and take the
above mentioned cheque. But, the Accused told the Complainant to wait for
7 days as the Accused wanted some more time, to arrange the handloan
amount in cash. After 7 days the Complainant called the Accused many
times on his mobile as well as on landline contact number, but the Accused
gave different reasons and avoided to pay the said amount in cash.

5. So, the Complainant deposited the above mentioned cheque given by the
Accused in favour of the Complainant in his account maintained with
HDFC, Branch Panchavati, Nashik on 14/07/2023 but the said cheque was
dishonoured and the Complainant received the cheque return memo dated
16/07/2023 with an endorsement “FUNDS INSUFFICIENT”.

The copy of the cheque No.’004141’ and cheque return memo dated
16/07/2023, are attached at Sr.No. 2 and 3 with the document list filed along
with the present complaint.

Therefore the Complainant has not received the amount mentioned

on the said cheque that is Rs.3,00,000/- (Rupees three lacks only).
6. That, as the abovementioned cheque No. ‘004141’ was dishonoured, the
complainant sent a legal notice through Student Advocate Ujjwal
Mahale by R.P.A.D on 25/07/2023 on the above mentioned address of
Accused. And the office copy of the same is retained as proof.
The copy of the office copy of the above mentioned legal notice
and the copies of the receipt of R.P.A.D are attached Sr. No. 4 and 5
with the document list field along with the present complaint.

7. That, the said legal notice sent to the Accused on his above mentioned
address is delivered on 28/07/2023. The student Advocate of the
complainant have received the acknowledgement receipt of the same.
.
The copy of acknowledgement receipt is attached at. Sr. No.6 with
the document list filed along with the present complaint.

8. Thus, the Accused has given the said cheque duly signed by him, bearing
cheque No. ‘004141’ dated.01/07/2023 of RS.3,00,000/- (Rupees three
lakhs only) drawn on HDFC Bank, Branch panchvati Amruthdham, Nashik
to the complainant, and the said cheque is dishonoured. After receiving the
legal notice the Accused has not given the cheque amount to the
Complainant within 15 days and sent a Notice Reply denied the payment
and thus committed an Offence under the provisions of the Negotiable
Instrument Act, 1881. And so, the complainant has filed the present
complaint against the Accused as per the provisions of the Negotiable
Instrument Act,1881. The copy of the Notice Reply is filed at Sr.No.7.

9. JURISDICTION :- The register address of the complainant and the

residence of Accused is in Nashik and subject transaction has also taken
place within the jurisdiction of this Hon’ble court. The said cheque given
by the Accused was deposited by the complainant in HDFC Bank, Branch
Panchavati Amrutdham Nashik, where he has Account and the same was
dishonoured and cheque return memo was received by the complainant from
the said HDFC Bank, Branch panchvati Amrutdham, Nashik, Thus this
Hon’ble court has jurisdiction to try and decided the present complaint.
10. COUSE OF ACTION :- The said cheque given by the Accused to the
complainant is dishonoured and the complainant has received the cheque
return memos dated 16/07/2023, with and an endorsement “Fund
Insufficient” from its Bank. Then the complainant has sent a legal demand
notice to the Accused on 25/07/2023 which was delivered on his above
mentioned address on 28/07/2023. The Accused has not paid said cheque
amount i.e. Rs.3,00,000/- (Rupees three lakh only) as per demand notice and
thus present complaint is filed by the complainant within stipulated period.

11. COURT FEE STAMP :- The required court fee stamp as per the provisions
of the Negotiable Instrument Act, 1881 i.e. Rs.6,000/- (Rupees Six thousand
only) is paid by the complainant and required process is also paid.

12. WITNESSES OF COMPLAINANT :-

a) The complainant himself i.e. Mr. ‘Amol Jagdish Chauhan ’.

b) The branch manager or authorized person of the Housing Development
Financial Co-operation Bank, Branch Panchavati Amruthdham, Nashik
and Industrial Credit and Investment Corporation of India Bank, Branch
Indira Nagar, Nashik, may be directed appear before the court with all
the related documents of cheque No. ‘004141’ drawn on ICICI Bank
Indira Nagar Nashik, and summons to that effect may be issued against
them. The complainant seeks permission to produce any other witnesses or
documents, required, as its evidence before the Hon’ble court.

13. PRAYER :-
It Is, therefore, most humbly and respectfully prayed that,

A. The offence committed by the Accused may be inquired into and

maximum punishment may be awarded to the Accused.
B. Fine of twice the amount of the said cheque amount may be directed to
be paid by the Accused and cheque amount, interest on it from date of
its dishonor and expenses by complainant incured to file the present
complaint may be directed to be paid to the complainant from that
amount.
C. Other just, Legal, equitable orders may be passed in favour of the
complainant.
 And orders may be passed accordingly.
AND FOR THIS ACT OF KIDNESS THE
COMPLAINANT SHALL PRAY FOREVER.

Nashik

Date:-

(Ujjwal L Mahale) (Mr.Amol Jagdish Chauhan)

Student Advocate Complainant

Verification
I, Mr. Amol Jagdish Chauhan Age 35, Occupation- Service, R/o flat No. 10, wing
AB, Shrirang Apartment Near Bali Mandir, Panhavati Amruthdham Nashik,
420003 do on solemn affirmation declare that contents of the present complaint
are true and correct to the best of my knowledge and belief and to acknowledge
the same I have singed below the complaint.

Nashik

Date :-

(Ujjwal L Mahale) Mr. Amol Jagdish Chauhan

Student Advocate Complainant

Summary Criminal Case No.138 /2022
IN THE COURT OF HON’BLE CHIEF JUDICIAL MAGISTRATE,
NASHIK,
AT NASHIK.

Mr. ‘Amol Jagdish Chauhan ’

Age-35, Occupation- Service
R/o - Flat No.10, Wing AB,
Shrirang Apartment, COMPLAINANT…
Near Bali Mandir,
Panchavati Amrutdham,
Nashik- 422003

Versus

Mr. ‘Raghav N. Bhonsale’

Age- 35, Occupation- Business,
R/o- Flat no.5, Wing D,
Shri. Sakshi Apartment, ACCUSED…
Indira Nagar Jogging Track,
Nashik- 422009
 VERIFICATION AFFIDAVIT

I Mr. ‘Amol Jagdish Chauhan ’, Age-35, Occupation- Service, R/o-

Flat No.10, Wing AB, Shrirang Apartment, Near Bali Mandir, Panchavati
Amrutdham, Nashik- 422003, do hereby solemnly affirms that,

1. That, the Complainant, is a permanent resident of Nashik and resides with his
family on the above mentioned address. He is a doing service in Mahindra and
Mahindra pvt. Ltd. at satpur Industrial area Nashik.

The Accused and the Complainant are good friends since 12 years.
The Accused is running a eggs wholesale center. The Complainant and the
Accused are school friends.

2. On 1 May 2023, the Accused approached to the Complainant and told him that the
Accused is in need of Rs.3,00,000/- (Rupees three lacks only) for restarting his
eggs center. The Accused asked to the complainant, that, there was a shot
circuit in his eggs center, and the Accused is in dire need of money for restarting
of his eggs business, and requested to lend him the said amount of Rs.3,00,000/-
(Rupees three lacks only) and promised to pay back the said amount on
01/07/2023.

The Complainant, Agreed to lend to the Accused the said amount of

Rs.3,00,000/- (Rupees three lacks only) taking into consideration the
relation between the Complainant and the Accused and as the Accused
promised to return the said amount on 1 July 2023. The Complainant for the
security of his money asked to the Accused, to give a post dated cheque of
01/07/2023 of Rs.3,00,000/- (Rupees Three Lacks only ). The Accused also
agreed to the same.

3. As per the mutual agreement between the Complainant and the Accused, the
Complainant transferred Rs.3,00,000/- (Rupees three lacks only)from his
Account maintained with HDFC BANK, Branch Panchavati, Nashik, through
R.T.G.S on 01/04/2023 in the personal Account of the Accused maintained
with ICICI Bank, Branch Indira Nagar, Nashik and the Accused gave a cheque
drawn on ICICI Bank, Branch Indira Nagar, Nashik, baring Cheque No.
 ‘004141’ of his personal Account dated 01/07/2023 of Rs.3,00,000/- (Rupees
three lacks only) in favour of the Complainant.
The Said cheque is written by the Accused, the amount is also written
by the Accused and the cheque is duly signed by the Accused in presense of
the Complainant. The copy of the bank statement of complainant Sr.No.1.
The said amount was given to the Accused as a hand loan without
interest, and this amount of Rs.3,00,000/- (Rupees three lacks only) is given
by the Complainant to the Accused only taking into consideration the
relation between the Complainant and the Accused promised to return the
said amount on 01/07/2023.

4. While giving the above mentioned cheque to the Complainant the Accused had
assured that if the Complainant deposits the said cheque in the his Account, it
will certainly get honoured, but the Accused also requested the Complainant
that if possible he will pay back the said amount in cash and will give back the
said cheque.

So as per request of the Accused on 01/07/2023 the Complainant

called the Accused on his mobile and requested the Accused to give back
the said amount of Rs.3,00,000/- (Rupees three lacks only) in cash and take the
above mentioned cheque. But, the Accused told the Complainant to wait for
7 days as the Accused wanted some more time, to arrange the handloan
amount in cash. After 7 days the Complainant called the Accused many
times on his mobile as well as on landline contact number, but the Accused
gave different reasons and avoided to pay the said amount in cash.

5. So, the Complainant deposited the above mentioned cheque given by the
Accused in favour of the Complainant in his account maintained with HDFC,
Branch Panchavati, Nashik on 14/07/2023 but the said cheque was dishonoured
and the Complainant received the cheque return memo dated 16/07/2023 with
an endorsement “FUNDS INSUFFICIENT”.

The copy of the cheque No.’004141’ and cheque return memo dated
16/07/2023, are attached at Sr.No. 2 and 3 with the document list filed along
with the present complaint.

Therefore the Complainant has not received the amount mentioned

on the said cheque that is Rs.3,00,000/- (Rupees three lacks only).
6. That, as the abovementioned cheque No. ‘004141’ was dishonoured the
complainant sent a legal notice through Student Advocate Ujjwal Mahale
by R.P.A.D on 25/07/2023 on the above mentioned address of Accused.
And the office copy of the same is retained as proof.
The copy of the office copy of the above mentioned legal notice
and the copies of the receipt of R.P.A.D are attached Sr. No. 4 and 5
with the document list field along with the present complaint.

7. That, the said legal notice sent to the Accused on his above mentioned address
is delivered on 28/07/2023. The student Advocate of the complainant have
received the acknowledgement receipt of the same.
.
The copy of acknowledgement receipt is attached at. Sr. No.6 with
the document list filed along with the present complaint.

8. Thus, the Accused has given the said cheque duly signed by him, bearing
cheque No. ‘004141’ dated.01/07/2023 of RS.3,00,000/- (Rupees three lakhs
only) drawn on HDFC Bank, Branch panchvati Amruthdham, Nashik to the
complainant, and the said cheque is dishonoured. After receiving the legal
notice the Accused has not given the cheque amount to the Complainant within
15 days and sent a Notice Reply denied the payment and thus committed an
Offence under the provisions of the Negotiable Instrument Act,1881. And so,
the complainant has filed the present complaint against the Accused as per the
provisions of the Negotiable Instrument Act,1881. The copy of the Notice
Reply is filed at Sr.No.7.

HENCE THIS VERIFICATION AFFIDAVIT.

Nashik Mr. Amol Jagdish Chauhan

Date:- Deponent
 VERIFICATION
I Mr. Amol Jagdish Chauhan, Age-35, Occupation – Service, R/o- Flat No.10,
Wing AB, Shrirang Apartment, Near Bali Mandir, Panchavati Amrutdham,
Nashik- 422003, do on solemn affirmation declare that the contents of the present
VERIFICATION AFFIDAVIT are true and correct to the best of my knowledge
and belief and to acknowledge the same. I have singed below the present
Complaint.

NASHIK

Date :-

I know the Deponent.

(Ujjwal L Mahale) (Mr. Amol Jagdish Chauhan)

Student Advocate Complainant
Summary Criminal Case No. 138 /2023
IN THE COURT OF HON’BLE CHIEF JUDICIAL MAGISTATRE, NASHIK,

AT NASHIK

Mr. Amol Jagdish Chauhan COMPLAINANT

Versus

Mr. Raghav N. Bhonsale ACCUSED

List of documents on behalf of Complainant,

LIST OF DOCUMENTS
Sr. No. Description Date
1. The Copy of the Bank Statement, 20/07/2023
Account of the Complainant
2. The Cheque No. “004141” 01/07/2023
3. The Cheque Return Memo 16/07/2023
4. Office Copy of the Legal Notice 25/07/2023
5. Copy of the Receipt 27/07/2023
6. Copy of Acknowledgement 25/07/2023
7. Copy of Notice Reply 30/07/2023

Thus total 7 documents Filed by the Complainant before the Hon’ble Court.

NASHIK

DATE:-

Ujjwal L Mahale

Student Advocate
ACCOUNT STATEMENT HDFC Bank
Date :- 1 April to 30 July Branch Panchavati Nashik,

A/C NO. 34386981003 Maharatra, 422003.

Saving Account Bank Statement Date :- 20/07/2023

Account Summary Bill To –

Previous Balance :- Rs. 5,00,000/- Name :- Mr. Amol Jagdish Chauhan

Credits :- Rs. 4,000/- Flat No.10, Wing AB, Shrirang Apartment, Near
Bali Mandir Panchavati Amruthdham, Nashik-
422003.

New Charges :- Rs. 550/-

Total Balance Due : Rs.3,599/-

Payment Due Date :- 20/07/2023

Date Invoice Description Charg Credit Debits Balance

es s

1/04/2023 INV0415 To HDFC Bank 250.00 3,00,000/- 2,00,000/-

(RTGS) Transferred to /-
A/c.No.343869810
03 Mr. Sujit
Gangurde.
15/05/2023 Google Pay 10,000 2,10,000/-

30/05/2023 Cheque Deposited 2,10,000/-

of Union Bank Of
India
30/06/2023 R.T.G.S. UPI Phone pay 150/- 10,000/- 2,00,000/-

01/07/2023 INV0419 Cheque 2,00,000/-

Cheque Dishonoured Due
No. to “FUNDS
“004141” INSUFFICIENT”
29/07/2023 UPI 20,000 2,20,000/-
/-
-
-- - -- - -

Account Current Balance Rs :- 2,20,000/-

 ICICI Bank

Rs:-

यय.यय .
50100 10706258

“004141” 50100410706285: 225588” 41

Office:- Yashoda Avenue in front of Rajiv Gandhi Bhavan Nashik, Sharanpur Road
Nashik ( 422002).
R/o:- Flat no.1, Ground Floor, Anand Apartment, NDCC Bank Colony, College Road,
Nashik- 422005, Mo. no:- 123456789, Email:- shree712712@gmail.com

NOTICE
(Through R.P.A.D)

To,
Mr. Raghav N. Bhonsale
Age - 35, Occupation – Bussiness,
R/O – Flat No. 5, Wing D,
Shri. Sakshi Apartment,
Indira Nagar Jogging Track
Indira Nagar Nashik,
Nashik- 422009.

From,

Ujjwal Mahale
Student Advocate
Nashik.

On behalf of,
Mr. Amol Jagdish Chauhan
Age – 35, Occupation – Service,
R/O – Flat no.10, Wing AB,
Shrirang Apartment,
Near Bali mandir,
Panchvati Amrutadham,
Nashik- 422003
 On the basis of the documents shown, information given and as per
the Say of my client Mr. Amol Jagdish Chauhan , Notice is served on you as
under -

14. That, my client Mr. Amol Jagdish Chauhan , is a permanent resident of

Nashik and resides with his family on the above mentioned address. He is a
doing service in Mahindra and Mahindra pvt. Ltd. at satpur Industrial area
Nashik.
You, Mr. Raghav N. Bhonsale, and my client’s are good friend since 12
years. You is running a eggs wholesale center. My client and you are school
friends.

15. On 1 May 2023, You approached my client and told him that you is in need
of Rs.3,00,000/- (Rupees three lacks only) for restarting of your eggs
wholesale center. You asked my client, Mr. Amol Jagdish Chauhan , that,
there was a shot circuit in your eggs center, and you are in dire need of
money for restarting of your eggs business, so lend you the said amount of
Rs.3,00,000/- (Rupees three lacks only) and promised to pay back the said
amount on 01/07/2023.
My client, Mr. Amol Jagdish Chauhan , Agreed to lend you the said
amount of Rs.3,00,000/- (Rupees three lacks only) taking into consideration
the relation between you and him and as you promised to return the said
amount on 1 July 2023. My client for the security of his money asked you
to give a your Bank Cheque in favour of my client’s name of Rs.3,00,000/-
(Rupees three lacks only) of the promise date that is 01/07/2023. You also
agreed to give the Post Dated Cheque to pay back the his said amount.

16. As per the mutual agreement between my client and you, my client
transferred Rs.3,00,000/- (Rupees three lacks only) from his Account
maintained with HDFC BANK, Branch Panchavati, Nashik, through
R.T.G.S on 01/05/2023 in your personal Account maintained with ICICI
Bank, Branch Indira Nagar, Nashik and you gave a cheque drawn on ICICI
Bank, Branch Indira Nagar, Nashik, baring Cheque No. ‘004141’ of your
personal Account dated 01/07/2023 of Rs.3,00,000/- (Rupees three lacks
only) in favour of my Client. Mr. Amol Jagdish Chauhan . The Said cheque
 is written by you, the amount is also written by you and duly signed on
cheque by you in presense of my client.
The said amount was given to you as a hand loan without interest,
and this amount of Rs.3,00,000/- (Rupees three lacks only) is given by my
client to you only taking into consideration the relation between my client
and you and your promised to return the said amount on 01/07/2023.

17. While giving the above mentioned cheque to my client you had assured
that if my client deposits the said cheque in his Account it will certainly
get honoured. But you also requested my client that if possible you will pay
back the said amount in cash and my client will take back the said cheque.
So as per request of you on date 01/07/2023 my client called you on
your mobile and requested you to give back the said amount of
Rs.3,00,000/- (Rupees three lacks only) in cash and take the above
mentioned cheque. But, you told the my client to wait for 7 days as you
wanted to some more time, to arrange the hand loan amount. After 7 days
my client called you many times on your personal number as well as your
landline contact number, but you gave different reasons and avoided to pay
the said amount in cash.

So, my client had left no any other option and he deposited the above
mentioned cheque given by you in favour of my client in his account
maintained with HDFC, Branch Panchavati, Nashik on 14/07/2023 but the
said cheque was dishonoured and my client received the cheque return
memo dated 16/07/2022 with an endorsement “FUNDS INSUFFICIENT”.

Therefore my client has not received the amount mentioned on the

said cheque that is Rs.3,00,000/- (Rupees three lacks only).

18. Through this Notice my client is demanding the amount of Rs.3,00,000/-

(Rupees three lacks only) of the cheque issued by you in favour of my client
baring cheque No. “004141” dated 01/07/2023 drawn on ICICI Bank,
Branch Indira Nagar, Nashik and which was dishonoured and for which my
client has received a cheque return memo from his bank that is HDFC Bank,
Branch Panchavati, Nashik, dated 16/07/2023, with an endorsement-
“FUNDS INSUFFICIENT” and to pay the said amount to
 my client within 15 days from the receipt of present Notice and take the
Acknowledgement from him.

19. If You Fail to make the payment of cheque amount of Rs.3,00,000/-

(Rupees three lacks only) within 15 days from the receipt of this present
Notice, my client will initiate legal action against you as per
`the provisions of ‘The Negotiable Instrument Act,1881’, as well as
other legal proceedings in respect and for the recovery of the said
amount and you will be also responsible for the cost, and consequences
of the same along with the charges of this Notice Rs.2,500/-

20. This Notice is send to you by Registered Post Acknowledgement Due,

and the office copy of the same is retained in my office as a proof.

Take Note.

Place-Nashik.

Date-25/07/2023

(Mr. Amol Jagdish Chauhan ) (Ujjwal Mahale)

Client Student Advocate
 यययययय ययय
RM 11223344 IVR: 55667788
RL NASHIK H, O (422003) INIAN POST
Counter No: 10, 25/7/2022, 11:41
To: Mr. ’Raghav N. Bhonsale’,
Flat no.10, Wing AB,
Shrirang Apartment,
Near Bali Mandir, Panchavati Amrutdham
Nashik.
Pin- 422003
From- Student Advocate Ujjwal Mahale
Wt: 40 gms
Amt: 50.00 (Cash)
(Track On www.indiapost.gov.in)
(Dial 18002666868)
 Student Advocate
Office:-A 1st Floor Meghdoot Shopping Center Opp. District Court Nashik
(422002). Mo.no:-8605012811, Email:- apisharadshewalw@gmail.com

NOTICE REPLY
(Through R.P.A.D)
To,

Mr. Amol Jagdish Chauhan

Age-35, Occupation -Service,
R/O-Flat No. 10, Wing AB,
Shrirang Apartment,
Near Bali Mandir,
Panchavati Amrutdham,
Nashik-422003.

From,

Nikhil Nikam
Student Advocate
Nashik.

On behalf of,

Mr.Raghav N. Bhonsale,
Age-35, Occupation - Business,
R/O-Flat no.5, Wing D,
Shri. Sakshi Apartment, Indira Nagar Jogging Track,
Indira Nagar Nashik, Nashik-422009.
Under Instructions from and on behalf of my client Mr. Raghav N. Bhonsale I have
to address you this notice reply to you as an under to your notice received to my
client date 27/07/2023 -

1. Contents mentioned in para no.1 of your notice is admitted by my client. The

relation of my client and you are not admitted by my client. He is no concernwith
you I am not having running eggs wholesale center. My client having electronics
shop on owned funds.

2. The Contents describing of para no.2 is also admitted by my client. My client

have doing eggs business and Actully My client not need any amount. Hence you
described in para no.2 that Rs.3,00,000/- (Rupees Three Lakhs Only) paid to my
client is totally false and my client never give promise to you that said amount will
be written on 01/07/2023. So all contain in para no.2 are false and fabricated. As
well as you described in para no.2 that at the time of giving money to my client
and gave postdated cheque then, at the time of issuing postdated check your notice
shows that at that time, there is no legally enforceable debt against my client. It
means that it is a clear-cut legal provision that, if there is not legally enforceable
debt at the time of issuing cheque then there is not liability of my client. It means
that for the contention of your legal notice my client issued cheque dated
1/07/2023. On the date of 01/04/2023. As per your notice my client have not taken
any amount from you and at that time you have no legally enforceable debt on
01/04/2023.

3. The Contents of para no.3 is totally denied by my client. You never

transferred Rs.3,00,000/- (Rupees Three Lakhs Only) from your Account to my
client's personal Account.

4. The Contents of para no.4 is totally denied by my client. You never

demanded Rs.3,00,000/- (Rupees Three Lakhs Only) in cash as well as my
client never give you cheque which mentioned in your notice, as well as you
never deposited said cheque to the bank and the said cheque never dishonoured
on 14/07/2023. With endorsement "Funds Insufficient."

5. The Contents in para no.5 are false and denied by my client. My client never
gave cheque to you. The signed on the cheque is not my client's, contain file on
cheque is not filled up by my client. The said cheque is not dishonoured.
6. The Contents para no.6 is not legal, and hence my client denied same. The
true story of the said transaction is below.

My client and you never known each other. My client having electronics shop in
Nashik. In between March 2023. My client lost cheque which mentioned in
your notice. After that client launched missing complaint about that cheque to
Indira Nagar Police Station, and after that my client informed about said fact to
my client's bank also. Then after you got said cheque and you fill all that and
you illegally signed on cheque on my client's way and you illegally presented
cheque to my client bank and said cheque was illegally dishonoured.
It is pertinent to note that my client never took any amount from you. My client
never give you any cheque and my client never signed on disputed cheque and
hence all contain in your notice are false and illegal. Hence my client totally
denied same.

Therefore my client informed you that the notice sent by you took back totally.
If you will not kept back said notice. Then my client have all rights to prosecute
you about giving you my client false notice. Then after consequences of said
prosecution bear by you. The charges of said notice charge Rs.5,000/- (Rupees.
Five Thousand Only) on you.

Place:- Nashik.

Date: 30/07/2023

(Mr. Raghav N. Bhonsale) Nikhil Nikam

Client Student Advocate

 Sr. No. ( )
Summary Criminal Case No. 138 /2023
IN THE COURT OF HON’BLE CHIEF JUDICIAL MAGISTRATE, NASHIK,
AT NASHIK

Mr. ‘Amol Jagdish Chauhan ’ COMPLAINANT

Versus

Mr. ‘Raghav N. Bhonsale’ ACCUSED

Filed on behalf of Complainant.

Date:- 16/08/2023

Ujjwal Mahale
Student Advocate

Sr. No. ( )
Summary Criminal Case No. 138 /2023
IN THE COURT OF HON’BLE CHIEF JUDICIAL MAGISTRATE, NASHIK,
AT NASHIK

Mr. ‘Amol Jagdish Chauhan ’ COMPLAINANT

Versus

Mr. ‘Raghav N. Bhonsale’ ACCUSED

Filed on behalf of Complainant.

Date :- 16/08/2023

Ujjwal Mahale
Student Advocate
Summary Criminal Case No. 138/2023
IN THE COURT OF HON’BLE CHIEF JUDICIAL MAGISTRATE, NASHIK

AT, NASHIK.

Mr.Amol Jagdish Chauhan ,

Age- 35, Occupation - Service
R/O – Flat no.10, Wing AB, COMPLAINANT…
Shrirang Apartment,
Near Bali Mandir,
Panchvati Amrutadham,
Nashik- 422003.

Versus

Mr. Raghav N. Bhonsale

Age-35, Occupation- Bussiness,
R/O – Flat No. 5, Wing D,
Shri. Sakshi Apartment, ACCUSED…
Indira Nagar Jogging Track,
Indira Nagar Nashik,
Nashik- 422009

Written Argument

The Complainant Most Respectfully Submits as under

–
21. The present complaint is filed by the complainant against the Accused as per
the provision of Section 138 of the “Negotiable Instrument Act, 1881”. The
fact of the case in short are, that, the Complainant the Accused are school
friends. The Complainant is doing service in Mahindra and Mahindra Pvt.
Ltd. at Satpur Industrial area Nashik. Whereas the Accused is doing a eggs
Business. The Complainant and the Accused are school friends.
In the month of April 2023, Accused approached the Complainant
and told him that he is dire need of RS.3,00,000/- (Rupees three lacks only)to
meet his business requirement. He asked the Complainant, to lend him said
amount of RS.3,00,000/- (Rupees three lacks only) and promised to pay
back the said amount on 01/07/2023. The Complainant, agreed to lend
Accused the said amount of RS.3,00,000/- (Rupees three lacks only) taking
into consideration the relation between Complainant and the Accused and
as he promised to return the said amount on 01/07/2023. The Complainant
asked him to give a cheque in favour of the Complainant’s name of
RS.3,00,000/- (Rupees three lacks only) of the promised date, that is
01/07/2023. The Accused also agreed to give the postdated cheque to pay
back the said amount.

22. As per the mutual agreement between the Complainant and the Accused, the
Complainant transferred Rs.3,00,000/- (Rupees three lacks only) from his
account maintained with HDFC Bank, Branch Panchavati Nashik through
RTGS on 01/04/2023 in Accused personal Account maintained with ICICI
Bank, Branch Indira Nagar,Nashik .
The statement of the Bank Account of the Complainant is at Sr.No.1 along
with document list filed with the complaint.
The Accused give a cheque drawn on ICICI Bank, Branch Indira
Nagar, Nashik, baring cheque No.’004141’ of his personal Account dated
01/07/2023. of Rs.3,00,000/- (Rupees three lacks only) in favour of the
Complainant. The said cheque is written by the Accused, the amount is also
written by the Accused and duly signed by him in front of the Complainant.
The said amount of Rs.3,00,000/- (Rupees three lacks only) is given
by the Complainant, to the Accused only taking into consideration the
relation between him and the Accused and his promise to return the said
 amount on 01/07/2023.The said amount was given as a hand loan without
interest.

23. While giving the above mentioned cheque to the Complainant the Accused
had assured that if the Complainant deposits the said cheque in the his
Account, it will certainly get honoured, But the Accused also requested the
Complainant that if possible the Accused will pay back the said amount in
cash and will give back the said cheque.

So as per request of the Accused on 01/07/2023 the Complainant

called the Accused on his mobile and requested the Accused to give back
the said amount of Rs.3,00,000/- (Rupees three lacks only) in cash and take the
above mentioned cheque. But, the Accused told the Complainant to wait for
7 days as the Accused wanted some more time, to arrange the handloan
amount in cash. After 7 days the Complainant called the Accused many
times on his mobile as well as on landline contact number, but the Accused
gave different reasons and avoided to pay the said amount in cash.

24. So, the Complainant deposited the above mentioned cheque given by the
Accused in favour of the Complainant in his account maintained with HDFC,
Branch Panchavati, Nashik on 14/07/2023 but the said cheque was
dishonoured and the Complainant received the cheque return memo dated
16/07/2023 with an endorsement “FUNDS INSUFFICIENT”.

The copy of the cheque No.’004141’ and cheque return memodated

16/07/2023, are attached at Sr.No.2 and 3 with document list filed along
with the present complaint.

Therefore the Complainant has not received the amount mentioned

on the said cheque that is Rs.3,00,000/- (Rupees three lacks only).

25. That, as the abovementioned cheque No. ‘004141’ was dishonoured, the
complainant sent a legal notice through Student Advocate Ujjwal
Mahale by R.P.A.D on 25/07/2023 on the above mentioned address of
Accused. And the office copy of the same is retained as proof.
 The copy of the office copy of the above mentioned legal notice
and the copy of the receipt of R.P.A.D are attached Sr. No. 4 and 5, with
the document list field along with the present complaint.

26. That, the said legal notice sent to the Accused on his above mentioned
address is delivered on 28/07/2023. The student Advocate of the
complainant have received the acknowledgement receipt of the same.
.
The copy of acknowledgement receipt is attached at. Sr. No.6 with
the document list filed along with the present complaint.

27. After receiving the legal Notice, the Accused has sent a reply to the legal
notice on 30/07/2023 to Mr. Amol Jagdish Chauhan and the
acknowledgement the receipt of notice from student Advocate Yashashree
Gaikwad regarding pending payment and denied that he owes the said
amount and denied to pay the said amount i.e. Rs.3,00,000/- (Rupees three
lacks only).

28. The Accused has not given any evidence to prove his defence and he has
failed to rubute the presumption laid down by section 139 of “The
Negotiable Instrument Act,1881”.

29. Regarding the technical requirement of the provisions of the “Negotioable

Instrument Act”,1881. My humble submission in that, the cheque is question
bearing cheque No.”004141” is given by the Accused to the complainant for
the legal enforceable debt in favour of the Complainant.
The cheque is dated 01/07/2023 which was deposited by the Complainant
is the bank where he has Account on 16/07/2023 i.e. within the legal period
from the date on the cheque.

The said cheque is dishonoured and the Complainant received the

cheque return memo dated 16/07/2023 with an endorsement “FUNDS
INSUFFUCIENT”. Thereafter the Complainant send a Legal Notice to the
Accused on 25/07/2023 i.e. within 30 days from the receipt of cheque return
memo which is sent within legal limitation.

The said Notice was received by the Accused on 25/07/2023 but as

per the demand legal notice he has not paid the cheque amount to the
Complainant within the stipulated period of 15 days. On the contrary he
 gave the notice reply and illegally denied the payment of the cheque
amount. The notice reply was received by the Complainant on
30/07/2023.
As the Accused did not paid the cheque amount within 15 days
from the date of receipt of the legal demand Notice, i.e. till 27/07/2023,
the Complainant has filed present Complaint within 30 days from the date
of non payment by the Accused i.e. 16/08/2023 .

The Required Court Fee Stamp RS.6,000/- ( Rupees Six

Thausand Only). Is paid by the Complainant on the present
Complaint.
So, all the legal, technical requirements have been fulfilled by the
Complainant on the present Complaint.

30. The Evidence in the form of depositions of the witnesses, documents on

record before the Hon’ble Court, which are duly proved by the Complainant,
the statement of the Accused as per provisions of section 313 of Cr.p.c,
clearly shows that the Complainant has given RS.3,00,000/- (Rupees three
lacks only) through R.T.G.S to the Accused and to pay back the said amount
the Accused gave the cheque in question in favour of the Complainant which
was dishonoured for the want of ‘Sufficient Funds’ in the Account of the
Accused. Even After legal demand Notice the Accused did not paid back the
said amount within 15 days from the receipt of legal demand Notice and thus
have committed an Offence punishable as per provision of Section 138 of
“Negotiable Instrument Act,1881”.
The Accused has failed to rebute the presumption as per the provision of
Section 139 of “Negotiable Instrument Act,1881” and thus the case of the
Complainant is proved beyond reasonable doubt.
 31. So, it is the humble submission of the Complainant that,

A) Maximum Punishment may be awarded to the Accused.

B) Fine of twice the amount of the said Cheque amount may be
directed to paid by the Accused and cheque amount, interest on it
from the date of its dishonore and expenses incurred by the
Complainant to file the present Complaint may be directed to be
paid to the Complainant from that Amount.
C) Other just, legal, equitable orders may be passed in favour of the
Complainant.

Hence the Complainant shall pray forever.

Nashik :-

Date :-

(Ujjwal Mahale) (Amol Jagdish Chauhan)

Student Advocate Complainant
 Exhibit No.

VAKALATNAMA
IN THE COURT OF AT_
SESSION CASE / CIVIL SUIT / CRIMINAL CASE / CIVIL APPEAL / WRITE
PETETION / REVISION APPLICATION NO ___________________OF 201

I am Plaintiff
member of Applicant
Advocates Complainant
Welfare
Appellant
Fund

Yes / No VERSUS
Defendant
Opponent
Accused
Respondent

I / We, the undersigned

the above named

hereby appoint & authorize

Nikhil Charudatt Nikam

Yashoda Avenue in front of Rajiv Gandhi

Bhavan Nashik, Nashik ( 422101).
Mobile No.- (+91) 123456789.

to appear act and plead for me / us as my / our Advocate/s in the above matter,
in witness whereof I / We have signed below this

day of ………………………….. 1)……………………………….

Witness 2)……………………………….

Accepted and filled on / /

Signature of Advocate/s
 The Respondant Most Respectfully Submits as under

Under Instructions from and on behalf of my client Mr. Raghav N. Bhonsale I have
to address you this notice reply to you as an under to your notice received to my
client date 27/07/2023 -

7. Contents mentioned in para no.1 of your notice is totally denied by my client.

The relation of my client and you are admitted by my client. He is concernwith
you I am having running eggs wholesale center.

8. The Contents describing of para no.2 is also admitted by my client. My client

have doing eggs business and actully my client not need any amount. Hence you
described in para no.2 that Rs.3,00,000/- (Rupees Three Lakhs Only) paid to my
client is totally false and my client never give promise to you that said amount will
be written on 01/07/2023. So all contain in para no.2 are false and fabricated. As
well as you described in para no.2 that at the time of giving money to my client
and gave postdated cheque then, at the time of issuing postdated check your notice
shows that at that time, there is no legally enforceable debt against my client. It
means that it is a clear-cut legal provision that, if there is not legally enforceable
debt at the time of issuing cheque then there is not liability of my client. It means
that for the contention of your legal notice my client issued cheque dated
1/07/2023. On the date of 01/04/2023. As per your notice my client have not taken
any amount from you and at that time you have no legally enforceable debt on
01/04/2023.

9. The Contents of para no.3 is totally denied by my client. You never

transferred Rs.3,00,000/- (Rupees Three Lakhs Only) from your Account to my
client's personal Account.

10. The Contents of para no.4 is totally denied by my client. You never
demanded Rs.3,00,000/- (Rupees Three Lakhs Only) in cash as well as my
client never give you cheque which mentioned in your notice, as well as you
never deposited said cheque to the bank and the said cheque never dishonoured
on 14/07/2023. With endorsement "Funds Insufficient."

11. The Contents in para no.5 are false and denied by my client. My client never
gave cheque to you. The signed on the cheque is not my client's, contain file on
cheque is not filled up by my client. The said cheque is not dishonoured.
12. The Contents para no.6 is not legal, and hence my client denied same.
Thetrue story of the said transaction is below.

My client and you never known each other. My client having electronics shop in
Nashik. In between March 2023. My client lost cheque which mentioned in
your notice. After that client launched missing complaint about that cheque to
Indira Nagar Police Station, and after that my client informed about said fact to
my client's bank also. Then after you got said cheque and you fill all that and
you illegally signed on cheque on my client's way and you illegally presented
cheque to my client bank and said cheque was illegally dishonoured.
It is pertinent to note that my client never took any amount from you. My client
never give you any cheque and my client never signed on disputed cheque and
hence all contain in your notice are false and illegal. Hence my client totally
denied same.

Therefore my client informed you that the notice sent by you took back totally.
If you will not kept back said notice. Then my client have all rights to prosecute
you about giving you my client false notice. Then after consequences of said
prosecution bear by you. The charges of said notice charge Rs.5,000/- (Rupees.
Five Thousand Only) on you.
 Statutes Referred

“The Negotiable Instrument Act, 1881”

Cases Referred

1) Sampelly Satyanarayan Rao

Vs

Indian Renewable Energy

(On 19 September,2016)

2) R.S.D.V Finance Co Pvt. Ltd.

Vs

Vallabh Glass Work Ltd.

(1993 AIR 2094, 1993 SCR (1) 4
 In The Court of Judicial Magistrate Nashik
[Presided over Student Judge By Lakshmi Sonwane]

Mr. Amol Gragdish Chauhan

Age-35 Occupation-service,
Rio-Flat. No.10,wing AB COMPLAINANT
Shrirang Apartment, Near Bali Mandir
Panchavati Nashik - 422003.

Versus

Mr Raghav N. Bhonsale,
Age 35. Occupation –Business,
Rio-Flat no.5, wing D,
Shri. Sakshi Apartment, ACCUSED
Indira Nagar Jogging Track,
Indira Nagar Mashik-422009.

Charge: Offence Punishable under Section 138 of

Negotiable Instruments Act, 1881

Appearance: Student Adv Ujjwal Mahale for the Complainant

Student Adv. Nikhil Nikam For the Accused.

JUDGMENT

The accused is Facing the trial for the Offence punishable, under Section 138 of the
Negotiable Instrument. Act 1881, [thereinafter referred as act for the purpose of the brevity].

2] The Complainant's Case in nutshell is as Under

The Complainant and accused know each other since childhood and are good friends. The
Complainant has helped the accused to restart his eggs centre business.

The complainant has the amount Of RS 3.00.000/- [In Words Rupees Three lakhs only] To
the accused. The accused in order to repayment that amount issued Post dated cheque No.
004141 of ICICI Bank, Branch

Panchavati dated 1/07/2023 For the amount of 3.00.000/-(In words. Rupees Three Lakhs
only] The Said Cheque was deposited by the Complainant in his bank HDFC Bank Ltd
Branch Panchavati Nashik. It returned unpaid, on 11/07/2023 with the remark "Funds
Insufficient with cheque return memo dated 1/07/2023

3] The Complainant sent the legal notice to the accused on 25/07/2023 Which was received
by the accused around 29/07/2023. In spite of receipt of the notice accused failed to repay
the amount to the Complainant within stipulated time. hence this Complaint.

4] As the incriminating Substance Found against the accused his statement Under Section
313 of the Code of the Criminal Procedure was recorded The defence of the accused is of
total denial and false allegations.
ORDER

1] The accused Raghau Bhansale, is Convicted under Section 255 (2) of the code of the
Criminal procedure 1983 for the offence punishable under Section 138 of the Negotiable
Instrument Act, 1881 and is Sentenced to Suffer simple imprisonment for Eight Months.

2] The accused shall further pay Rs. 3,00,000/- (In Words rupees Three lakhs only) to the
complainant Vide Section 357 (3) Of the Code of the Criminal Procedure and in default of
payment the Shall Suffer simple imprisonment for one month.

3] Issue Conviction warrant against the accused.

4] The Copy of the the judgment be provided to the accused free of cost once he
apprehended.

5] The Period of detention, if any be set off against the sentence of imprisonment.

[Dictated and Pronounced in open Court]

s/d

Place : Nashik [Lakshmi p. Sonawane]

Student Judge Nashik