IN THE COURT JUDICIAL MAGISTRATE FIRST CLASS AT

RAJNANDGAON
Cri Case no..………….of 2019
U/s 138 of the NIA 1881

In the matter of :-

Mr. Prem Choudhary

…Complainant

Versus

M/s. G.D.H Construction,

House no. 54. Riddhi Siddhi Vihar,
Rajnandgaon (C.G)
… Accused

INDEX

Sl.No. Particulars Page No.

1. Complaint U/s 138 read with

Section 142 of
Negotiable Instruments Act, 1881.

2. List of witnesses of the complainant.

3. List of documents of the complainant

with original documents.
 4. Affidavit of AR of complainant in pre-
summoning evidence.

5. Vakalatnama.

PLACE-: RAJNANDGAON
PANKAJ KHANUJA
YASH MUDLIAR
DATE-: COUNSEL FOR COMPLAINANT
 IN THE COURT OF SECOND CIVIL JUDGE CLASS -1 AT
RAJNANDGAON
Cri case No..………….of 2019
U/s 138 of the NIA 1881

In the matter of :-

Mr. Prem Choudhary

…Complainant

Versus

M/s. G.D.H Construction,

House no. 54. Riddhi Siddhi Vihar,
Rajnandgaon (C.G)
… Accused

COMPLAINT UNDER SECTION 138 OF THE NEGOTIABLE

INSTRUMENTS ACT READWITH SECTION 142.
MOST RESPECTFULLY SHOWETH,

1. The instant complaint is being filed by the complainant, Mr.

Prem Choudhary who is a Contractor and has a company
registered with the registrar of companies in Chhattisgarh.
The Complainant is being represented by Mr. Prem Choudhary
son of _________________working in this as a
2. That your business concern M/s. G.D.H Construction having
their office at House no. 54. Riddhi Siddhi Vihar, Rajnandgaon
(C.G) accepted the work order dated 15.12.2015 for 1 Nos.
JCB on Monthly basis for Distt. Rajnandgaon, vide their Word
Order bearing no. GDH/WO/0 12 dated 15/12.2015
for Rs.90000/- per month.
3. As per the discussion, you the Accused agreed with our
quotation to engage our JCB on monthly hire basis on your
PMGSY & MMGSY project for Dist. Rajnandgaon with the
condition that it will run for 260 Hours in a month. That
according to the work order Complainant’s JCB Registration
no. CG 08 P 8143 worked for you from the date of accepting
the quotation i.e. December 2015 till July 2017 on monthly
hire basis with the Diesel provided by you the Noticee. On
working on above mentioned work order, you issued a cheque
bearing no. 934757 for Rs.1385200/- drawn on 26.04.2018 at
HDFC Bank.
Cheque No. : 934757

Date :
Amount : 1385200
Account No. :

Drawn on : 26.04.2018

That when the aforesaid cheque was presented by the

Complaint to the Bankers i.e. HDFC Bank, Rajnandgaon, the
same was returned unpaid by the Bank with the
remarks/reasons "Insufficient Funds". This fact was brought
to the notice of Accused by the Complainant, through call.

4. That the accused owing to his dishonest intentions towards

the complainant and after several follow ups from the
complainant the accused promised to pay the amount,
consequently the accused handed over two cheque dated
00/00/2019, for the discharge of his liability the details of
which are given below-:

Cheque No. : 225886 and 560440

Date : 23.05.2019

Amount : Rs 500000/- and 500000/- respectively

Account No. :

Drawn on :

5. That on belief and assurance of the accused, Complainant

company presented the above cheque for encashment to its
Banker i.e. HDFC Bank Ltd, Rajnandgaon Branch. However
the above cheque issued by the Accused was dishonored by
 the drawee bank with an endorsement "Insufficient Funds".
That the Complainant has received the Cheque Return
memo dated 00/00/2019 from its banker.

6. The fact of such dishonour of the cheque had been

communicated to the Accused person vide legal notice
dated 05/06/2019 under Section 138 (b) of Negotiable
Instrument Act, as amended upto-date issued by the
Complainant Advocate which has not duly served at the
address of the accused and returned on 24/06/2019 by
Registered with A/D.

7. In the aforesaid notice it was categorically stated that in the

case of failure to make payment as demanded therein, legal
action would be taken against the accused person without
any further reference thereto, under Section 138 of
Negotiable Instrument Act, 1881 as amended upto-date.
8. That till date the accused have not made any payment in
lieu of the aforesaid cheque or any part thereof.
9. The accused person has thus committed an offence
punishable under Section 138 of Negotiable Instrument
Act, 1881 as amended upto-date.
10. That the complaint filed before this court is not
barred by the limitation.

11. It is submitted that no other similar complaint has

been filed by the complainant against the accused herein in
any other court in respect of the transaction, which is
subject matter of the present complaint before this Hon’ble
Court

12. That this Hon’ble Court has jurisdiction to entertain

the complaint and adjudicate the same inasmuch as the
Bank of the complainant where it produced the cheque is
situated at Rajnandgaon which is within the
jurisdiction of this Hon'ble Court.
 13. That the complaint has bonafide intentions and for
the ends of justice. It is therefore prayed that this Hon’ble
court would be pleased to take cognizance of the matter
and issue process against the Accused above named under
Section 138 of the Negotiable Instrument Act, 1881 as
amended upto-date and put them to trial accordingly and
to pass such other order or orders, as this court may deem
fit and proper.
PRAYER

IN THE PREMISES STATED ABOVE IT IS, THEREFORE,

RESPECTFULLY PRAYED, THAT THIS HON'BLE COURT MAY BE
PLEASED TO:

a) Entertain this complaint and summon the accused for

having committed the offences as provided for in Section
138 of The Negotiable Instruments Act,1881 and upon
trying them in accord.
b) Convict the accused of offence punishable under section
138 of the Negotiable Instruments Act,1881.
c) Inflict just punishment of fine on all the three Accused,
which may not be less than the amount of cheque
dishonored,

d) Direct the accused to return the amount accrued as debt

along with 18% interest calculated from the date of sending
of the notice, which may be directed to be given to the
Complainant; and in that behalf;
e) Award an amount of Rs.1385200 /-(Rupees Thirteen Lakh
Eighty Five Thousand Two Hundered Only) as
compensation under section 357 of the CrPC., out of the
fine amount recovered from the accused.
 f) Pass/make such other appropriate order(s) and/or
directions as this Hon'ble Court may deem fit and proper in
the facts and circumstances of the present case.

AND FOR THIS ACT OF KINDNESS, THE COMPLAINANT, AS IN

DUTY BOUND, SHALL EVER PRAY.

PLACE-: RAJNANDGAON Mr. Prem Choudhary

DATE-: COMPLAINANT

COUNSEL FOR THE COMPLAINANT

PANKAJ KHANUJA,
YASH MUDLIAR
 IN THE COURT OF SECOND CIVIL JUDGE CLASS -1 AT
RAJNANDGAON
Cri Case No..………….of 2019
U/s 138 of the NIA 1881

In the matter of :-
Mr. Prem Choudhary
…Complainant

Versus

M/s. G.D.H Construction,

House no. 54. Riddhi Siddhi Vihar,
Rajnandgaon (C.G)
… Accused

LIST OF DOCUMENTS RELIED UPON BY THE COMPLAINANT

MOST RESPECTFULLY SHOWETH

The Complainant is relying upon the documents as per details

given here under-:
1. Copy of Cheque No. 934757 225886 and 560440 dated
12/04/2019 along with the return memo dated 25/04/2019.
2. Copy of Legal Notice and postal receipt under section 138 of
the Negotiable Instruments Act,1881 dated 13/05/2019.
3. Copy of Tracking Report evidencing the service of Legal Notice
on 21/05/2019 downloaded from the official website of India
post
-

ANY OTHER DOCUMENTS IF REQUIRED WILL BE PRODUCED

AT THE TIME OF EVIDENCE OR AT LATER STAGE.

RAJNANDGAON

PANKAJ KHANUJA,
YASH MUDLIAR

DATE-: COUNSEL FOR THE COMPLAINANT

LIST OF WITNESSES :

1. Authorized Representative Mr. Sheikh Nawabuddin of the

Complainant.
2. Representatives of the Bank of the Complainant i.e HDFC
Ltd Rajnandgaon Branch.
3. Dr. Pushpraj Singh Sikarwar, Assistant General Manager of
the complainant.
4. Kaushal Kumar Branch Manager, Nawalgarh Branch.
5.

Filed By:

Advocate

Dated: