IN THE METROPOLITAN MAGISTRATE __ COURT

AT ANDHERI, MUMBAI

C.C.No. Of 2019

Mr. DASHRATH KESHAVLAL PANCHAL

An Adult, Occ. Business,
R/o. Flat no. 201, 2ND floor,
Khemkalyani Sadan,
Sanyasashiram Mandir,
Ville Parle (W), Mumbai- 400 056 … Complainant

V/s.

Mr. GOVIND BABULAL BHANSALI

An adult, Occ. Business,
C/404, Akash Ganga Chs Ltd.
Devchand Nagar Road, Navyug Nagar,
Near Jain Temple, Bhayander(W)
Thane- 401 101 … Accused

COMPLAINT U/S.138 OF
NEGOTIABLE
INSTRUMENTS ACT, 1881

MAY IT PLEASE YOUR HONOUR :

I the complainant abovenamed most respectfully

submit as under :

1. I say that, I had friendly and business relations

with the accused. The Accused was in urgent
need of Money because his son was suffering
from some disease and to pay his son’s medical
bills and also to pay his son’s outstanding school
 fees and therefore he requested me that he
requires financial help from me i.e a sum of
Rs.85000/-. I say that after the repeated
requests of the Accused and keeping trust in
him, I advanced the accused a sum of
Rs.85000/- without any interest on 12th October,
2017 to cope up with his said difficulties. The
accused assured me that he will repay the said
amount within one year.

2. I say that, on 12th October, 2017 Loan

Agreement was made between me and accused,
regarding the above said subject matter and the
same was signed by the accused, in the presence
of one witness. The said loan agreement dated
12-10-2017 was executed between me and
accused on following grounds:-

a. That accused will repay the amount

Rs.85000 within one year from the date of loan
agreement.

b. That the said amount was given to him was

Interest free.

Hereto annexed and marked as Exhibit ‘A’ is the

copy of the Loan Agreement.

3. I say that the accused failed to repay the said

amount within one year as assured by him and
therefore I had to pursue with him for my
money. After constant follow up, against the
discharge of his legally enforceable liability, the
accused issued Two cheques bearing No. 089129
and No.089130 Dated: 05/03/2019 and
05/03/2019 respectively for Rs.25000 and
Rs.60000 respectively. Drawn on UNION BANK
 LTD. and UNION BANK LTD. respectively., Grant
Road (E) Branch, Mumbai and assured me that
the said cheques will be definitely honoured
when presented. Hereto annexed and marked as
Exhibit ‘B’ Colly. is the copy of the said both
cheques.

4. I say that as per the instructions of the accused I

deposited the said Two cheques in my bank viz.
Kotak Mahindra Bank, Branch – Andheri East,
Mumbai and Account No. 06510120026384 on
Dated 05.03.2019, but the same was
dishonoured with remark “Others – CHQ
Destroye” and “Others – Unusabl” respectively
and I was informed by my Banker’s memo dated
06.03.2019 and 06.03.2019 for each respective
cheques. Hereto annexed and marked as
Exhibit ‘C’ Colly. is the copy of the said Bank
Memo dated 06.03.2019.

5. I say that, the aforesaid attitude of the accused

clearly indicates that he never intended to repay
the amount to me and the accused has cheated
me. I say that the abovesaid Two cheques were
given by the accused against the legally
enforceable dues for the amount of Rs.85000/-
and hence the said Two cheques were issued by
him to me and were signed the same in front of
me in discharge of his liability.

6. I say that I, thereafter, sent legal demand notice

dated 12.03.2019 to the accused through my
 advocate on the same day by Registered A.D. to
his last Two known address and the Accused
has not replied the said Demand Notice. Hereto
annexed and marked as Exhibit ‘D’ Colly. are
the copies of office copy of the Demand Notice
and postal receipts.

7. I say that the notice sent by registered A.D. on

his last Two known address, i.e
Address 1. Room No. 57, 1st Floor,Khemraj
Bhavan, Shree Krishna Marg, 7th Khetwadi Back
Road, Girgoan Mumbai- 400 004 And
Address 2. C/404, Akash Ganga Chs Ltd.
Devchand Nagar Road, Navyug Nagar, Near Jain
Temple, Bhayander(W) Thane- 401 101, the
notice sent to Address 2 was duly received by
the accused on 13.03.2019. Hereto annexed and
marked as Exhibit ‘E’ is the copy of the
acknowledgement due card of Address 2. and
the notice sent to Address 1 was Returned with
Remark “Not Cliamed” and Hereto annexed
and marked as Exhibit ‘F’ is the copy of the
Notice Returned with Remark “Not Cliamed”.

8. I say that I received the said bank memo on

06.03.2019 and I sent the demand notice dated
12.03.2019 as contemplated U/s.138 of
Negotiable Instruments Act,1881 through my
advocate on the same day which is within the
stipulated period as prescribed by Law and
inspite of the intimation of the said notice the
accused has purposely and deliberately
neglected to make the payment towards the
cheque amount as demanded and thus I have
 filed this case on today bringing the entire
complaint within the period of limitation. The
demand notice have been served upon accused
on 12.03.2019 and therefore cause of action
arises on 28.03.2019

9. The accused has dishonored disputed Two

cheques which were issued by him in discharge
of his admitted liability and legally enforceable
debt. Hence the accused has commited an
offence punishable under section 138 of N.I Act.
Therefore, the accused is liable for commission of
the said offence.

10. The branch of the bank of the Complainant is

situated at Kotak Mahindra Bank, Branch –
Andheri (East), Branch Address-Shop no.
1,Ground Floor, Centre Point, Andheri Kurla
Road, OPP. RPG Tower, Mumbai- 400 059 within
the jurisdiction of this Hon’ble court to entertain
and decide this matter.

11. The complaint is being filed within Stipulated

time. Thus it is not barred by the law of
limitation.

THEREFORE THE COMPLAINANT MOST

HUMBLY PRAYS THAT THIS HON’BLE COURT
MAY BE PLEASED:-

A. To issue process against accused and the

accused may be dealt with in accordance with
law.

B. This Hon’ble court may be pleased to convict the

Accused with in accordance with law.
 C. And this Hon’ble court may be pleased to
order/direct the accused to pay the reasonable
compensation to the complainant as provided
Under Section 357 of the Criminal Procedure
Code, 1973 to the complainant.

D. This Hon’ble court may be pleased to grant any

other order and costs therefore reliefs as per the
aforesaid facts and circumstances.

AND FOR THIS ACT OF KINDNESS, THE

COMPLAINANT SHALL AS IN DUTY BOUND EVER
PRAY.

Solemnly affirmed at Mumbai

On this day of April, 2019
Complainant

Trupen Rathod / Vivek Tiwari

Advocate for Complainant

VERIFICATION

I, Mr. DASHRATH KESHAVLAL PANCHAL, An Adult,

Occ. Business, R/o. Flat no. 201, 2 ND floor,
Khemkalyani Sadan, Sanyasashiram Mandir, Ville
Parle (W), Mumbai- 400 056 the Complainant
abovenamed do hereby state on solemn affirmation
that whatever stated hereinabove is true and correct
to the best of my knowledge and I believe the same to
be true and correct.

Solemnly affirmed at Mumbai

On this day of April, 2019
Complainant
Trupen Tejas Rathod/ Vivek Kumar Tiwari
Advocate for Complainant
IN THE METROPOLITAN MAGISTRATE __ COURT
AT ANDHERI, MUMBAI

C.C.No. Of 2019

Mr. DASHRATH KESHAVLAL PANCHAL ..Complainant

V/s.

Mr. GOVIND BABULAL BHANSALI … Accused

AFFIDAVIT

I, Mr. DASHRATH KESHAVLAL PANCHAL, An

Adult, Indian Inhabitant, Occupation - Business,
Residing at Flat no. 201, 2ND floor, Khemkalyani
Sadan, Sanyasashiram Mandir, Ville Parle (W),
Mumbai- 400 056, the Complainant abovenamed, do
hereby state and declare on solemn affirmation as
under :

1. I say that I have not filed any other complaint

pertaining to this Two Cheques bearing No.
089129 and No.089130. Dated: 05/03/2019
and 05/03/2019 respectively for Rs.25000
and Rs.60000 respectively. Drawn on UNION
BANK LTD. Grant Road(East), Mumbai- 400
007 and UNION BANK LTD. Grant Road(East),
Mumbai- 400 007 respectively.

2. I say that I am fully conversant with the facts

of the above case.

Whatever stated hereinabove is true and correct

to the best of my knowledge and belief and I believe
the same to be true.

Solemnly affirmed at Mumbai

On this day of April ,2019
 Mr. Dashrath Keshavlal Panchal
Deponent

Advocate for the Complainant

IN THE METROPOLITAN MAGISTRATE ___COURT
AT ANDHERI, MUMBAI

C.C.No. Of 2019

Mr. DASHRATH KESHAVLAL PANCHAL … Complainant

V/s.

Mr. GOVIND BABULAL BHANSALI … Accused

LIST OF DOCUMENTS

1. Loan Agreement
2. Two Cheques
3. Cheque return memo dated 06.03.2019.
4. Demand Notice & Postal receipts
5. Acknowledgement Due Card
6. Notice Returned- With Remark Not Claimed
7. Any other relevant documents with the
permission of this Hon’ble Court.
 IN THE METROPOLITAN MAGISTRATE __ COURT
AT ANDHERI, MUMBAI

C.C.No. Of 2019

Mr. DASHRATH KESHAVLAL PANCHAL … Complainant

V/s.

Mr. GOVIND BABULAL BHANSALI … Accused

INDEX

Sr. Particulars Exhibits Page

No. Nos.

1. Complaint

2. List of Documents

3. Loan Agreement “A”

4. Two Cheques “B”

5. Cheque return memo “C”

dated 06.03.2019

6. Demand Notice “D”

& Postal receipts

7. Acknowledgement Card “E”

8. Notice Returned-
With Remark Not Claimed “F”

9. Affidavit In Support

10. Vakalatnama
=====================
==
IN THE METROPOLITAN
MAGISTRATE ____
COURT AT ANDHERI,
MUMBAI
=====================
==

C.C.No. Of 2019

Mr. DASHRATH KESHAVLAL

PANCHAL … Complainant

V/s.

Mr. GOVIND BABULAL

BHANSALI … Accused

=====================
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COMPLAINT U/S.138 OF
NEGOTIABLE
INSTRUMENTS ACT,
1881
=====================
==

CHEQUE COURT FEE

AMOUNT

85000/-

=====================
==
TRUPEN RATHOD/VIVEK
TIWARI,
Advocate for Complainant,
42A, GREAT WESTERN
BUILDING, KALA
GHODA,
FORT, MUMBAI-23
=====================
==