Evidence By Way Of Affidavit During Trial Under Sections 138 And 141 Of The Nego - Legal Draft

Precedent No. 72

EVIDENCE BY WAY OF AFFIDAVIT: DURING TRIAL UNDER SECTIONS 138 AND 141 OF

THE NEGOTIABLE INSTRUMENTS ACT, 1881

IN THE COURT OF METROPOLITAN MAGISTRATE,

Complaint Case No of 20

Complainant:

Vs.

Accused:

AFFIDAVIT of , S/o , aged years,

now residing in

I, the abovenamed deponent do hereby solemnly affirm and declare as

follows:—

1. That the Complainant is a Proprietorship firm and is the Sole

Proprietor of the said firm and she has appointed the deponent as her

attorney-holder to file, institute, sign, verify and lead the evidence

of the complaint referred to above. Original S.P.A. is attached herewith

as Ex. CWI/1.

1. That the accused No. 1 is a partnership firm and accused No. 2

is the partner of the said firm and dealing with the complainant and is

incharge of the day-to-day affairs of that firm.

1. That the accused No. 2 approached the complainant at his

office/shop and purchased goods as under:—

(i) Bill No , dated , for a sum of

Rs

(ii) Bill No , dated , for a sum of

Rs

1. That the accused requested the complainant and sought a period of

onemonth for the payment of above said bills and issued a post-dated

cheque No , dated , for a sum of Rs ,

drawn on Carbon copies of the two bills are annexed herewith as

Ex. CW1/2 and CW1/3. Original cheque is attached hereto as Ex. CW1/ 4.

1. That the complainant presented the aforesaid cheque through his

banker

, but the same was returned unpaid by the banker of the

accused vide memo dated , for the reason "ACCOUNT

CLOSED". The said cheque was dishonoured despite many assurances and

grant of one month period. Original cheque returning memo issued by

the drawee bank , is attached herewith as Ex. CW1/5 and

the Original cheque returning memo issued by the drawer bank , is

attached herewith as Ex. CW1/6.

1. That the accused have committed the offence under section 138/141

ofthe Negotiable Instruments Act, 1881, read with section 420 of the

IndianPenal Code, by getting the account closed intentionally and

deliberately.

1. That the complainant got issued a legal notice herein, dated ,

through his counsel The said notice was sent by Regd. A.D.

on as well as U.P.C. on Carbon copy of the aforesaid

notice is attached herewith as Ex. CWI/7. Two original Regd. A.D.

booking slips are attached herewith as Ex. CW1/8 and CW1/9. Original

U.P.C. is attached herewith as Ex. CW1/10. Two returned Regd. A.D.

envelopes are attached herewith as Ex. CW1/11 and Ex. CW1/12. The

accused, however, manipulated the service of the Regd. A.D. in collusion

with the local authority and one of the registered envelopes returned

with the remarks "ADDRESSEE NOT MET INSPITE OF SEVERAL VISITS", which

shows the deliberate refusal on the part of the accused. Further, the

accused was served with the legal notice at both the addresses through

U.P.C, but the accused neither replied to the aforesaid notice, nor made

any payment towards the satisfaction of that notice within the statutory

period of 15 days. 8. That in the interest of justice, this Hon'ble

Court may be pleased to conduct the trial of the accused and punish him

according to law.

Sd./ Deponent.

Verification

Verified at on this the day of ,20 , that the

contents of the above affidavit are true and correct to the best of my

knowledge, belief and information and nothing material has been

concealed therefrom.

Sd./ Deponent.

Solemnly affirmed and signed before me by the deponent, who is

personallyknown to me, on this the day of , 20

Sd./

Counsel for the deponent.

Note: Affidavit to be attested by the appropriate authority prescribed

under law.