Evidence By Way Of Affidavit During Trial Under Sections 138 And 141 Of The Negotiable Instruments Act, 1881 - Legal Draft

Precedent No. 75

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

THE NEGOTIABLE INSTRUMENTS ACT, 1881

IN THE COURT OF METROPOLITAN MAGISTRATE,

In

Criminal Complaint No of 20

Complainant:

Vs.

Accused: P.S.:

AFFIDAVIT of , S/o , aged years

, presently and permanently residing in

The deponent named above hereby solemnly affirms and states as

follows:—

1. That the deponent is the complainant in this matter and being

fully conversant with the facts and circumstances of this case, the

deponent is competent to swear to this affidavit. The deponent shall

henceforth name himself as the complainant.

1. That the complainant is the proprietor of M/s ,

having its main office at

1. That the respondent accused is the sole proprietor of M/s ,

having its main office at

1. That during the course of the business, the complainant supplied

goodsto the respondent as per the requirements of her firm and in the

name of

the respondent's firm vide Bills , dated for

Rs ; No , dated , for

Rs , and No , dated , for Rs , totalling Rs.

Copies of the bills are marked as Mark When evidence is submitted by

way of affidavit, the affidavit requires to be submitted with due

exhibits. In such a case, the documents attached with an affidavit are

required to be marked and become a part and parcel of the affidavit

itself. A, B and C, which

are again ratified for the purpose. That the copies of the consignment

Bills/vouchers for the consignment of the said goods are also marked as

Mark D and E and the same are also ratified again for the present

purpose.

1. That by way of advance money, the accused handed over a Banker's

Draft No , for Rs , drawn on

bank, which was duly honoured on its presentment on

1. That the goods were delivered to the respondent's agent, i.e., the

saidconsignors, only on the assurance and promise of the accused that

onthe due presentment of the cheques as mentioned below, the same

shallbe honoured. The accused in total issued 12 post-dated cheques

towardsthe balance payment of the following description:

No.Cheque No.AmountDatedFavour

of1.ARs......,20...Complainant2.BRs......,20...-do-3.CRs......,20...-do-

1. DRs......,20...-do-5.ERs......,20...-do-6.FRs......,20...-do-7.GRs....

..,20...-do-8.HRs......,20...-do-9.IRs......,20...-do-10.JRs......,20...

-do-11.KRs......,20...-do-12.LRs......,20...-do-7. That all the

abovestated cheques were drawn on

bank.

1. That on their due presentment, cheques of the description as stated

initem 9 and 10 in the above list of cheques which are the

subject-matter ofpresent complaint were dishonoured for the reason of

"stop payment" vide

banker's memos dated and As a matter of fact, on

the relevant date the balance standing to the credit of the account of

the accused was also insufficient for the honouring of the said cheques.

The cheques with their respective memos in their originals are already

Ex. CW1/1 to 4 and the same are once again ratified by the deponent

herein.

1. It is pertinent to mention here that the respondent has delivered to

the

complainant CST forms bearing Nos and for a total

sum of , which is nothing short of acknowledgment of

liability and truthfulness of the transaction between the parties and

copies whereof are already marked as Mark F and G which are also once

again ratified herein.

1. That the said respondent accused has taken the goods on the

clear representation and promise against the abovestated cheques that on

their due presentment the same shall be honoured. That the complainant

had the slightest clue about dishonest, malicious and unlawful design of

the respondent accused of cheating the complainant, the complainant

would not have delivered goods to the respondent. Moreover, having taken

the benefit of the goods, not making the payment particularly by giving

directions to the banker for stop payment of the cheques goes a long way

to corroborate the accused's unlawful design of deceiving and cheating

the complainant.

1. That in view of the above, the complainant issued notice dated

to the accused, which was dispatched on the same day and was duly served

on the accused by way of registered post with AD and also by way of UPC,

some of which have been clearly 'refused' by the accused,

whereas others have been practically served. Copy of notice is already

Ex. CW1/5 and the complainant stands by it. Postal receipts are Ex.

CW1/6 to 9 and returned registered covers are Ex. CW-1/10 to 13.

1. That the accused neither made nor even tendered any amount

after the service of notice till this date. Rather the accused has been

threatening to the complainant of dire consequences.

1. That the complainant has complied with all the statutory

requirements. This court has the jurisdiction and the cause of action

arose at Delhi.

Sd./ Deponent.

Verification

Verified at on this the of 20 that

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

knowledge, belief and information of the deponent 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.