CRIMINAL COMPLAINT U/S 138 OF THE
NEGOTIABLE INSTRUMENTS ACT & SECTION 420
OF THE INDIAN PENAL CODE
IN THE COURT OF THE JUDICIAL MAGISTRATE, FIRST CLASS,
(COURT NO. 2), PUNE AT PUNE
Criminal Complaint No.
/200
..
Shri
....
S
....
T
....
D
....
,
)
age 35 years, occupation - business,
) Complainant
resident of 1111 Kasba Peth,
)
PUNE 411 011
.
)
Versus
Shri
..
I
..
S
..
D
)
age 30 years, occupation - business,
) Accused
resident of 1050 Kasba Peth,
)
PUNE 411 01
l.
)
A COMPLAINT U/S 138 OF THE
NEGOTIABLE INSTRUMENTS ACT
& SECTION 420 OF
THE INDIAN PENAL CODE
The complainant abovenamed submits this complaint, praying to
state as follows:
1. That the complainant is a resident of the within mentioned address,
and he has been running his business of hardware in the name and
style as M/s STD Sales Corporation, Pune.
2. That the accused had been a customer of the complainant for the last
ten years purchasing goods from time to time.
3. That since there has been business relationship between the
complainant and the accused and also that the complainant could
repose faith in the accused, he used to accept the cheques issued
by the accused against the purchased by the accused.
4. That during the recent past, there have been various transactions
between the complainant and the accused as detailed below:
5. That the complainant submits and says that the above mentioned
cheques were issued by the accused at the time of delivery of goods
and materials supplied to him by the complainant, with an implied
promise on the part of the accused that on the presentment of these
cheques, they will be honoured.
6. That, however, all these cheques, have been dishonoured by the
bankers of the complainant, and the same have been returned to the
complainant with endorsement "Insufficiency of Funds in the Account
of the Drawer".
7. That the complainant says that had the complainant known that the
cheques issued by the accused would be dishonoured, the complainant
would never have delivered the materials and goods to the accused.
8. That the complainant does hereby reiterate that the cheques which
were issued by the accused in discharge of his liability have been
dishonoured for the reason of insufficiency of funds in his account.
9. That the complainant is also surprised that since the date of
dishonour of cheques, he has been making serious and sincere
efforts to contact the accused personally, but unfortunately the
accused has been at large and not being available, and his whereabouts
are also not known to the complainant.
10. That taking into consideration such a typical position created by the
accused, the complainant has come to a tacit conclusion and also
inferred that the accused took the delivery of goods by deceiving and
cheating the complainant when he issued the cheques knowing it
fully well that he had neither sufficient balance in his bank account,
nor had he made any alternative arrangements for crediting the
necessary amount against the same.
11. That from the total behaviour on the part of the accused, it is
apparent that he is not only liable civilly but also guilty of the
criminal offences under the provisions of criminal laws particularly
under section 420 of the Indian Penal Code 1860 and under section
138 of the Negotiable Instruments Act 1881.
12.
That the cheques were presented to the bankers of the complainant
on
....
the same were returned to the complainant on
......
for
....
insufficiency of funds in his account.
13.
That the complainant has accordingly served a notice, dated
.......
on the accused, demanding payment of the said amount of Rs.
80,000/-, but the accused did not do so, and hence, this complaint.
14.
That the cause of action for this complaint first arose on
.....
and
hence, this complaint filed today is well within limitation.
15. That the offence has been committed within the local limits of the
jurisdiction of this Court, and hence, this Hon'ble Court has jurisdiction
to try and decide this complaint.
16. That the necessary court-fee is paid herewith.
17. That the complainant, therefore, prays that -
(A)The accused be charged with and tried for the offence punishable
u/s 138 of the Negotiable Instruments Act and also u/s 420 of the Indian Penal Code and punished according to law;
(B)This complainant be awarded from the accused the said
amount of Rs. 80,000/- along with interest @ 18% p.a. from
the date of the issue of the said cheques till the date of
payment; and
(C)
Any other orders in the interest of justice be kindly passed.
Pune,
Sd/- STD
COMPLAINANT
Dated:
Sd/- xX x
ADVOCATE FOR COMPLAINANT
VERIFICATION
I, Shri STD, the present complainant, do hereby state on solemn
affirmation that the contents of this complaint in paras 1 to 17 are true
and correct to the best of my knowledge and belief, and so I have signed
hereunder.
Sd/- DMK
COMPLAINANT