IN THE COURT OF THE HON’BLE ___ ADDTITIONAL

CHIEF METROPOLITAN MAGISTRATE, AT BENGALURU

PCR NO. __________ /2018

IN

CC NO. ________ /2018

BETWEEN

MR. SANJEET VIJAY KUMAR RAUT ….. Complainant

AND

MISS. KIRTI CHANDRAKANT SAVE,

(after Marriage Mrs. Vinmayi Vinamra Vartak) ….. Accused

INDEX
SL NO. PARTICULARS PAGE NOS

1. Private Complaint U/S 200 of CrPC

R/w Sec 138 of N I Act

2. List of Witness

3. List of Documents and Documents

Place : Bengaluru
Date : 22.10.2018 ADVOCATE FOR COMPLAINANT
 IN THE COURT OF THE HON’BLE XX ADDTITIONAL
CHIEF METROPOLITAN MAGISTRATE, AT BENGALURU

PCR NO. __________ /2018

IN

CC NO. ________ /2018

BETWEEN

MR. SANJEET VIJAY KUMAR RAUT

S/o late Mr. Vijau kumar Pandurang Raut
Aged about 32 years,
R/at No. 263, Rajani Gandha,
Garden Apartment, 21st Vittal Mallya Road,
Bengaluru 560 001. ….. Complainant

AND

MISS. KIRTI CHANDRAKANT SAVE,

(after Marriage Mrs. Vinmayi Vinamra Vartak)
C-104, Pushpa Heritage,
Mahaveer Nagar,
Kandiwali West,
Mumbai – 400 067.

Office:-
306, Unique Tower,
Behind Patel Petrol Pump, S.V. Road,
Goregaon (W), Mumbai – 400 062,
Maharashtra. ….. Accused

COMPLAINT UNDER SECTION 200 OF THE CODE OF

CRIMINAL PROCEDURE READ WITH SECTION 138 OF
NEGOTIABLE INSTRUMENTS ACT

The complainant submits as follows:

1. The address of the complainant for the purpose of issuance of

notices, summons, etc., from this Hon’ble court is as shown in cause
title above. The complainant may also be served through his counsel
TAS Law Associates, Sri. Sathish. C and Sri. Tejas. N. Advocates at #
17/1, 3rd Cross, 1st Floor, Malleshwaram, Bengaluru -560 003.

2. That the addresses of the accused for the similar purposes are as
shown in the cause title above.

3. The complainant submits that, the complainant and Accused are

knowing each other personally from reasonable time and Accused being
in need of funds for urgent and emergency requirement approached
complainant for loan of Rs. 15,00,000/- (Rupees Fifteen Lakh Only) but
complainant agreed to offer Accused loan for Rs. 14,25,000/- (Rupees
Fourteen Lakh Twenty Five Thousand Only) in following Manner :-

1. On 12.07.2016 through RTGS from Sanjeet Rs. 9,75,000/-

with UTR No. ICICR1201607.

2. On 13.11.2016 through NEFT from Sanjeet Rs. 3,50,000/-

Vijay Kumar R

3. On 30.11.2016 through Mobile banking P2A Rs. 1,00,000/-

BEN-Sanjeet Vijay K 633516275474

Total Rs. 14,25,000/-

The copy of the RTGS to the accused is herewith produced as

Document No.1. The copy of the NEFT to the accused is herewith
produced as Document No.2. The copy of the Mobile Banking to the
accused is herewith produced as Document No. 3.

4. The complainant submits that, which Accused agreed to repay

within a period of 15 days. But Accused not able to honor his
commitment. Due to good relation between complainant and Accused,
the complainant has not deposited the cheque towards the repayment
of loan amount obtained by Accused:-

 A sum of Rs. 14,25,000/- (Rupees Fourteen Lakh Twenty Five

Thousand Only) is issued vide cheque bearing No. 555302, dated
4.8.2018, drawn on Saraswat co-operative Bank, Mumbai
Branch.

5. The complainant further submits that, believing in accused

representation and reposing faith has accepted the said cheque.
Accordingly, the complainant has presented the said cheque through
his banker Canara Bank, Bengaluru, for encashment of the amount
covered under the said cheque. That to the complainant utter surprise
and shock the said cheque has returned unpaid/dishonored vide
banker’s memos dated 06.08.2018 with endorsement “PAYMENT
STOPPED BY THE DRAWER”. The copy of the cheque is herewith
produced as Document No.4 and the copy of the return memo issued
by the bank is herewith produced as Document No.5

6. The complainant submits that, the complainant trusted accused

representation and it is not that it has happened without Accused
knowledge and to escape accused liability has used Stop payment as an
instrument of deception and not on accused commitment to keep
sufficient balance in Accused bank. It is amply clear and looks like that
accused have dishonored the said cheque intentionally and with
malafide intention and which is against the trust and complainant good
intention to help accused by providing the loan and accused
commitment to honor the cheque. The complainant tried all means to
get in touch with accused, to inform about the said dishonored cheque
and to request accused to make the payment at the earliest but accused
did not make any attempt to contact complainant through any means
and on the other hands accused have changed his mobile number and
accused never bothered to inform the complainant about the same.
However, the complainant has not received any response from accused.
As such the complainant is left with no other option. Hence this
complaint.

7. The complainant submits that, the complainant had repeatedly

tried to contact Accused through all possible means and failed to get
any feedback from Accused side as the complainant was put to severe
inconvenience and having incurred damage for the reason that Accused
never paid the amount which you had agreed to pay and nor did
bothered to contact the complainant and updated the status.

8. The complainant further submits that, thereafter on 04/09/2018

complainant got issued legal notice through Registered Post
Acknowledgment Due to the accused addresses as stated in the cause
title above through his counsel calling upon the accused to repay the
cheque amount within fifteen days from the date of receipt of the said
legal notice. The copy of the Legal notice dated 04/09/2018 is herewith
produced as Document No.6 and the copy of the postal receipt is
herewith produced as Document No. 7. The legal notice issued to the
accused was duly served on 07/09/2018. The copy of the
acknowledgement are herewith produced as Document No. 8
9. The complainant further submits that, in spite of replied to the
said legal notice nor complied with the demand made by the
complainant in his legal notice and neglected to settle the amount due
even after the expiry of fifteen days from the date of receipt of legal
notice.

10. The complainant further submits that, accused was well aware
that issuance of above said cheque and allowing the same to dishonor
for the reason Payment Stopped by the Drawer is an criminal offence
punishable under section 138 of Negotiable Instruments Act 1881 with
an imprisonment or penalty or with both.

11. The complainant submits that, he has not filed any other case
before any other court on the same subject matter of this case.

12. It is submitted that, the complaint filed today is well within the
prescribed period of limitation.

WHEREFORE, it is humbly prayed that this Hon’ble court be

pleased to take cognizance of the offence against the accused and
punish him in accordance with law in the above case to meet the ends
of justice.

ADVOCATE FOR COMPLAINANT COMPLAINANT

VERIFICATION

I, Sanjeet Vijay Kumar Raut, complainant herein, do hereby

state and verify that this is my name and signature and the facts stated
herein above para 1 to12 are true and correct to the best of my
knowledge, information and belief.

Place : Bengaluru COMPLAINANT

Date : 22.10.2018
 IN THE COURT OF THE HON’BLE ___ ADDTITIONAL
CHIEF METROPOLITAN MAGISTRATE, AT BENGALURU

PCR NO. __________ /2018

IN

CC NO. ________ /2018

BETWEEN

MR. SANJEET VIJAY KUMAR RAUT ….. Complainant

AND

MISS. KIRTI CHANDRAKANT SAVE,

(after Marriage Mrs. Vinmayi Vinamra Vartak) ….. Accused

LIST OF WITNESSES

1. The Branch Manager,

Saraswat Co-Operative Bank,
Mumbai Branch

2. The Branch Manager,

Canara Bank,
Bengaluru

Place : Bengaluru
Date : 22.10.2018 ADVOCATE FOR COMPLAINANT
 IN THE COURT OF THE HON’BLE ___ ADDTITIONAL
CHIEF METROPOLITAN MAGISTRATE, AT BENGALURU

PCR NO. __________ /2018

IN

CC NO. ________ /2018

BETWEEN

MR. SANJEET VIJAY KUMAR RAUT ….. Complainant

AND

MISS. KIRTI CHANDRAKANT SAVE,

(after Marriage Mrs. Vinmayi Vinamra Vartak) ….. Accused

LIST OF DOCUMENTS

1. Copy of the RTGS

2. Copy of the NEFT.
3. Copy of the Mobile Banking.
4. Copy of the Cheque.
5. Copy of the return memo.
6. Copy of the Legal Notice dated 04.09.2018.
7. Copy of the Postal Receipt.
8. Copy of the acknowledgment.

Place : Bengaluru
Date : 22.10.2018 ADVOCATE FOR COMPLAINANT