IN THE COURT OF HON’BLE C.M.M.

(WEST), TIS HAZARI COURTS,

DELHI.

COMPLAINT NO.__________ of 2020

IN RE:

M/S EDGETECH AIR SYSTEMS PVT. LTD. ..... COMPLAINANT

V/S
M/S HALCYON TECHNOLOGIES & ENGINEERS (LLP) & ANR. .......ACCUSED

MEMO OF PARTIES

M/s EDGETECH AIR SYSTEMS PVT. LTD.

Through its A.R. Mr.Vikas Yadav
Regd. Office at 403-404, Gopal Heights,
Netaji Subhash Place, Pitampura,
Delhi-110034 ...COMPLAINANT
VERSUS
1. M/S HALCYON TECHNOLOGIES & ENGINEERS (LLP)
Regd. Office at:140/22-23, B-3, The foresta apartment
Behind Indian oil petrol pump, shipra path
Mansarovar, Jaipur, Rajasthan-302020
…ACCUSED NO.1
2. MR.KAPIL KUMAR SINGHAL PARTNER
M/S HALCYON TECHNOLOGIES & ENGINEERS (LLP)
Regd. Office at:140/22-23, B-3, The foresta apartment
Behind Indian oil petrol pump, shipra path
Mansarovar, Jaipur, Rajasthan-302020
...ACCUSED NO.2
----------------------------------------------------------

Dated. .03.2020 COMPLAINANT

Place: Delhi. THROUGH COUNSEL
ANIL KUMAR & ASSOCIATES
Advocates
Chamber No.492, Patiala House Courts,
New Delhi-110001
Office at:113-114, Mohan Singh Place,
New Delhi-110001
Email: anilsharma492@gmail.com
 IN THE COURT OF HON’BLE C.M.M.(WEST), TIS HAZARI COURTS,
DELHI.

COMPLAINT NO.__________ of 2020

IN RE:
M/s EDGETECH AIR SYSTEMS PVT. LTD.
Through its A.R. Mr.Vikas Yadav
Regd. Office at 403-404, Gopal Heights,
Netaji Subhash Place, Pitampura,
Delhi-110034 ...COMPLAINANT

VERSUS
1. M/S HALCYON TECHNOLOGIES & ENGINEERS (LLP)
Regd. Office at:140/22-23, B-3, The foresta apartment
Behind Indian oil petrol pump, shipra path
Mansarovar, Jaipur, Rajasthan-302020
...ACCUSED NO.1

2. MR. KAPIL KUMAR SINGHAL PARTNER

M/S HALCYON TECHNOLOGIES & ENGINEERS LLP
Regd. Office at:140/22-23, B-3,The foresta apartment
Behind Indian oil petrol pump, shipra path
Mansarovar, Jaipur, Rajasthan-302020
...ACCUSED NO.2

P.S: NANGLOI
U/S 138 N.I.ACT

COMPLAINT U/S 138 READ WITH SECTION 141 & 142 OF THE
NEGOTIABLE INSTRUMENTS ACT ON BEHALF OF THE COMPLAINANT

MOST RESPECTFULLY SHOWETH:

1. That the complainant is a private limited Company

incorporated and registered under the Indian Companies

Act, 1956 having its registered office at 403-404, Gopal

Heights, Netaji Subhash Place, Pitampura, Delhi-110034. A

COPY OF THE CERTIFICATE OF INCORPORATION OF THE

COMPLAINANT COMPANY IS MARK-A.

2. That the present Complaint has been signed and

verified by Mr. VIKAS YADAV, Legal officer of the

complainant company who has been authorized by the board

of directors of the Complainant vide resolution passed in

the meeting held on 3th OCTOBER,2019 to sign, verify and to

file the present complaint and to do all acts and deeds

for and on behalf of the Company. The A.R. is fully

conversant with the facts of the case as per records

received and derived of the Company. TRUE COPY OF THE

BOARD RESOLUTION DT.03.10.2019 AS ANNEXURE-1(OSR).

3. That the Complainant Company is engaged in the

business of manufacturing and sale of the parts of Air

Conditioning Machine Viz. Air Handling Units, Fan Coil

Units, Ventilation Units, Heat Recovery Units, Exhaust

Units, Scrubbers etc. and the accused have purchased the

products/Air Handling Units, Heat Recovery Units

manufactured by the Complainant.

4. That the accused No.1 is a Limited Liability

Partnership and the accused No.2 is the Partner/Authorized

Signatory of accused No.1. The accused No.2 being the

Partner/authorized Signatory is fully liable and

responsible for the day to day affairs and all acts &

deeds of the accused No.1. TRUE COPY OF THE MASTER DATA OF

THE ACCUSED NO.1 AND ITS PARTNERS/SIGNATORIES AS MARK-B.

5. That accused No.2 on behalf of accused no.1 had

approached the Complainant at its office for purchasing

the Air Handling Units, Heat Recovery Units/products

manufactured by the Complainant and after having mutually

agreed to the terms and conditions the accused had raised

Purchase orders for supply of Horizontal Floor Mounted Air

Handling Units, Heat Recovery Wheel Units and Ceiling

Suspended Air Handling Units/products manufactured by the

Complainant Company and the Complainant Company had

supplied the said products at the required delivery

addresses of the Accused. COPIES OF THE SAID P.O.’S are

ANNEXED HERETO AS MARK-C (Colly).

6. That in pursuance of the said purchase order raised by

the accused the Complainant had supplied their products

i.e. Horizontal Floor Mounted Air Handling Units/Heat

Recovery Wheel Units and Ceiling Suspended Air Handling

Units/ products manufactured by the Complainant as

required in perfect good operational condition at the

required delivery addresses of the accused vide their

Invoices. COPY OF SAID INVOICE AS ANNEXURE-2 AND GOODS

RECEIPT AS ANNEXURE-3.

7. That in terms of the Sales transaction and after

delivery of the material at the required delivery

addresses of the accused and against their liability

towards supply of the material by the Complainant the

accused No.2 on behalf of accused no.1 issued a cheque

bearing No.001044 dt.02.11.2019 for Rs.6,47,396/- drawn on

HDFC BANK, JAIPUR-302020 RAJASTHAN as a part payment in

favour of the Complainant with this representation and

assurance that the said Cheque would be honoured on

presentation in the bank. The Complainant as per the

assurance given by the accused has presented the said

cheque in its banker namely “UNION BANK OF INDIA” Mundka,

Branch Delhi-110041 and on presentation the aforesaid

Cheque returned unpaid by the bank of the accused on

24.01.2020 with the reason “Payment Stopped by Drawer”.

The Complainant immediately informed to the accused about

dishonor of their said Cheque and requested to the accused

to make the payment of outstanding due amount against the

said dishonoured Cheque without further delaying but the

accused gave the repeated false and frivolous assurances

to the Complainant that all the outstanding payment would

be released by the accused very soon. Original Cheque

bearing No.001044 dt.02.11.2019 as ANNEXURE-4 and original

Cheque returning memo issued by the bank of the

Complainant are annexed herewith as ANNEXURE-5.

8. That the Complainant informed the accused about

dishonour of their aforesaid Cheque and requested to the

accused to immediately release the outstanding payment

against their said dishonoured Cheque but the accused gave

the repeated false and frivolous assurances to the

Complainant that the said payment would be released by

them soon. However, till date no payment has been made by

the accused against their aforesaid dishonoured Cheque.

9. That the Complainant Company has maintained an account

in the name of the accused No.1 firm in its books of

account in regular course of business and as on date as

per books of account of the Complainant a sum of

Rs.22,34,603/- is due outstanding receivable from the

accused including the amount of dishonor of the said

Cheque and goods supplied to the accused by the

Complainant. The statement of account of the accused is

annexed hereto and marked as ANNEXURE-6 AND CERTIFICATE

U/S 65(B) OF EVIDENCE ACT AS ANNEXURE-7.

10. That the above facts make it clear that the accused

had mischievously and intentionally issued the aforesaid

Cheque with the ulterior design and motives and instructed

to the Complainant to present the said Cheque for

encashment, knowingly well that the said Cheque will not

be honoured on presentation as “Payment Stopped by the

Drawer”. Hence the accused are liable to be prosecuted u/s

138 of N.I. Act, 1981.

11. That in accordance with the provisions of section

138(b) of the Negotiable Instruments Act, the Complainant

through their counsel got a legal notice issued on

dt.13.02.2020 and dispatched on 13.02.2020 to the accused

through speed post whereby the accused were called upon to

make the payment against their said dishonoured Cheque.

However, the accused even on receipt of the legal notice

has not made the outstanding payment against their said

dishonoured Cheque within stipulated time of legal notice.

Hence, after issuing the legal notice to the accused the

principle outstanding was of RS.21,77,666/- after adding

the cheque bouncing charges alongwith interest on

principle amount since 23/12/2019 till as on date become

of Rs.22,34,603/- is outstanding receivable from the

accused including the amount of their said dishonoured

Cheque and towards the amount against goods supplied to

the accused by the Complainant Hence, the present

Complaint. COPY OF THE LEGAL NOTICE, AS ANNEXURE-8 &

ORIGINAL COURIER RECEIPTS ARE ANNEXURE-9(COLLY.) AND

ORIGINAL TRACKING SERVICE REPORTS ARE ANNEXURE-10(COLLY).

12. That the said Cheque was issued by the accused being

the payment of their outstanding dues against material

supplied by the Complainant and got the said Cheque

dishonoured due to “Payment Stopped by the drawer” the

accused has thus committed an offence under section 138,

R/W 142 of the Negotiable Instruments Act, 1881 as amended

up to date and committed an offence U/s 420/406 I.P.C.

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

and try the present complaint as the Complainant has been

maintaining its account at Delhi in “UNION BANK OF INDIA

MUNDKA BRANCH, DELHI” and the said Cheque was presented in

the Bank by the Complainant at Delhi and the Cheque was

dishonoured at Delhi and lastly the legal notice got sent

through counsel of the Complainant to the accused from

Delhi. Hence this Hon’ble Court has jurisdiction to try

and entertain the present complaint which is in the

jurisdiction of this Hon’ble Court.

P R A Y E R:

It is, therefore, most respectfully prayed

that the accused may kindly be summoned, tried and

punished in accordance with law.

It is further prayed that this Hon’ble Court may also be

pleased to pass appropriate orders in terms of Section 357

Cr.P.C. 1973 R/W section 117 of the N.I. Act in favour of

the Complainant and against the accused.

It is prayed accordingly.

Dated. .03.2020 COMPLAINANT

Place: Delhi. THROUGH COUNSEL
ANIL KUMAR & ASSOCIATES
Advocates
Chamber No.492, Patiala House Courts,
New Delhi-110001
Office at: 113-114, MOHAN SINGH
PLACE, NEW DELHI-110001
Email: anilsharma492@gmail.com
Ph. 9810103682, 23368170
 IN THE COURT OF HON’BLE C.M.M.(WEST), TIS HAZARI COURTS,
DELHI.

COMPLAINT NO.__________ of 2020

IN RE:
M/s EDGETECH AIR SYSTEMS PVT. LTD. ....COMPLAINANT
V/S
M/S HALCYON TECHNOLOGIES AND ENGINEERS LLP & ANR.
.....….ACCUSED’S

LIST OF DOCUMENTS
1. Copy of Certificate of Incorporation of the
Complainant.
2. True copy of Resolution passed by the Board of
Directors.
3. True copy of Master Data of the Accused No.1 and its
Partners.
4. Copies of the P.O’s. raised by the accused.

5. Copy of Invoice with Goods Receipt.

6. Original Cheque No.001044 dt.02.11.2019 for

Rs.6,47,396/-.
7. Original Cheque Returning Memo.

8. Original Statement of Account.

9. Certificate u/s 65(b)of the Indian Evidence Act.

10. Copy of the Legal Notice.

11. Original Courier Receipts of dispatch of Legal Notice.

12. Tracking Service Reports of the Legal Notice.

13. Vakalatnama

Dated. .03.2020 COMPLAINANT

Place: Delhi.
 IN THE COURT OF HON’BLE C.M.M.(WEST), TIS HAZARI COURTS,
DELHI.

COMPLAINT NO.__________ of 2020

IN RE:
M/s EDGETECH AIR SYSTEMS PVT. LTD. ....COMPLAINANT
V/S
M/S HALCYON TECHNOLOGIES AND ENGINEERS LLP & ANR.
.....ACCUSED’S

LIST OF WITNESSES

1. A.R. of the Complainant with the relevant record.

2. Record clerk of the Complainant’s Bank.

3. Record clerk of the Bank of the accused along with

relevant record of the accused Company.

4. Courier Representative to prove service of the Legal

Notice.

5. Any other witnesses with the permission by this

Hon’ble Court

Dated. .03.2020 COMPLAINANT

Place: Delhi.
 IN THE COURT OF HON’BLE C.M.M.(WEST), TIS HAZARI COURTS,
DELHI.

COMPLAINT NO.__________ of 2020

IN RE:
M/s EDGETECH AIR SYSTEMS PVT. LTD. ....COMPLAINANT
V/S
M/S HALCYON TECHNOLOGIES AND ENGINEERS LLP & ANR.
.....ACCUSED’S

AFFIDAVIT

I, VIKAS YADAV S/o Sh. Baljeet yadav aged 28 yrs. A.R. of

M/s Edgetech Air Systems Pvt. Ltd. Regd. Office at 403-

404, Gopal Heights, Netaji Subhash Place, Pitampura,

Delhi-110034 do hereby solemnly affirm and undertake as

under:-

1. I say that no other complaint of the same parties

against the same transaction is pending in any court.

2. I say that this is my true and correct statement.

DEPONENT

VERIFICATION:

Verified at Delhi on this _____ day of

MARCH, 2020 that the contents of my affidavit are true and

correct to my knowledge, no part of it is false and

nothing has been concealed therefrom.

DEPONENT
 IN THE COURT OF HON’BLE C.M.M.(WEST), TIS HAZARI COURTS,
DELHI.

COMPLAINT No.__________ of 2020

IN RE:
M/s EDGETECH AIR SYSTEMS PVT. LTD. ....COMPLAINANT
V/S
M/S HALCYON TECHNOLOGIES AND ENGINEERS LLP & ANR.
.....ACCUSED’S

INDEX
Sr. No. PARTICULARS PAGE NOS.
1. List of events 1-2
2. Memo of parties
3. Complaint U/S 138 of N.I. Act
along with affidavit.
4. List of witnesses along with
List of documents
5. MARK-A
Copy of Certificate of
Incorporation(OSR)
6. ANNEXURE-1
Copy of Board Resolution
7. MARK-B
True Copy of the Master Data
of Accused & its Partners
8. MARK-C
P.O’s. RAISED BY THE ACCUSED
9. ANNEXURE-2 & 3
Copy of Invoice & Copy of G.R.
10. ANNEXURE-4
Original Cheque(One)
11. ANNEXURE-5
Original Cheque Returning memo
12. ANNEXURE-6
Statement of account
 13. ANNEXURE-7
Certificate u/s 65(b) of
Indian Evidence Act
14. ANNEXURE-8
Copy of Legal Notice Issued on
dated.13-02-2020
15. ANNEXURE-9
Original Receipts of Dispatch
of Legal Notice by DTDC
Courier
16. ANNEXURE-10
Computer Generated Tracking
Reports
17. Pre-Summoning Evidence by way
of an affidavit
18. VAKALATNAMA

Delhi.
COMPLAINANT
Dated:13.03.2020
THROUGH COUNSEL

ANIL KUMAR & ASSOCIATES

Advocates
Chamber No.492, Patiala House Courts,
New Delhi-110001
Office at: 113-114, MOHAN
SINGH PLACE, NEW DELHI
Email: anilsharma492@gmail.com
Ph.9810103682,23368170
 IN THE COURT OF HON’BLE C.M.M.(WEST), TIS HAZARI COURTS,
DELHI.

COMPLAINT NO.__________ of 2020

IN RE:
M/s EDGETECH AIR SYSTEMS PVT. LTD. .......COMPLAINANT
V/S
M/S HALCYON TECHNOLOGIES AND ENGINEERS LLP & ANR.
..... ACCUSED
LIST OF EVENTS
SR.NO. PARTICULARS OF THE CASE
a. Name of the accused 1. M/S.HALCYONTECHNOLOGIES&
ENGINEERS (LLP)
persons
2. MR. KAPIL KUMAR SINGHAL
PARTNER/AUTH.SIGNATORY

M/S HALCYON TECHNOLOGIES

AND ENGINEERS (LLP)

1)Particulars of the dishonoured cheque/cheques;

 Person/company in M/s EDGETECH AIR SYSTEMS

whose favour the PVT. LTD.
cheque/cheques were
issued
 Drawer of the MR. KAPIL KUMAR SINGHAL
cheque/cheques PARTNER/AUTH. SIGNATORY M/S
HALCYON TECHNOLOGIES &
ENGINEERS (LLP)

 Date of issuance of Dt.02.11.2019

cheque/cheques
 Name of the drawer HDFC BANK, JAIPUR-302020
bank, its location RAJASTHAN

 Name of the drawee UNION BANK OF INDIA, through

bank, its location its SWARN PARK, MUNDKA
BRANCH, DELHI-110041

 Cheque no./nos. 001044

  Signatory of the MR. KAPIL KUMAR SINGHAL
cheque/cheques PARTNER/AUTH. SIGNATORY M/S
HALCYON TECHNOLOGIES &
ENGINEERS (LLP)

Reasons due to which

the cheque/cheques were “PAYMENT STOPPED BY DRAWER”
B
dishonoured;
Name and designation of MR. KAPIL KUMAR SINGHAL
the persons sought to PARTNER/AUTH. SIGNATORY M/S
be vicariously liable HALCYON TECHNOLOGIES &
for the commission of ENGINEERS (LLP)
the offence by the
C accused company and
their exact role as to
how and in what manner
they were responsible
for the commission of
the alleged offence;
d Details of the Legal Dated:13-02-2020
Notice and status of
d Status: Item Delivered
its services;
e Details of reply to the N/A
e Legal Notice, if any.
E

Dated:13.02.2020 COMPLAINANT

Delhi. THROUGH COUNSEL

ANIL KUMAR & ASSOCIATES
Advocates
Chamber No.492, Patiala House Courts,
New Delhi-110001
Office at: 113-114, MOHAN SINGH
PLACE, NEW DELHI-110001
Email: anilsharma492@gmail.com
Ph.9810103682, 23368170
 IN THE COURT OF HON’BLE C.M.M.(WEST), TIS HAZARI COURTS,
DELHI.

COMPLAINT NO.__________ of 2020

IN RE:
M/s EDGETECH AIR SYSTEMS PVT. LTD. ...COMPLAINANT
V/S
M/S HALCYON TECHNOLOGIES AND ENGINEERS LLP & ANR.
.....ACCUSED

PRE SUMMONING EVIDENCE BY WAY OF AN AFFIDAVIT ON BEHALF OF

THE COMPLAINANT

I, VIKAS YADAV S/o Sh. Baljeet yadav aged 28 yrs A.R. of

M/s Edgetech Air Systems Pvt. Ltd. at 403-404, Gopal

Heights, Netaji Subhash Place, Pitampura, Delhi-110034 do

hereby solemnly affirm and undertake as under:-

1. I say that the complainant is a private limited

Company incorporated and registered under the Indian

Companies Act, 1956 having its registered office at 403-

404, Gopal Heights, Netaji Subhash Place, Pitampura,

Delhi-110034. A COPY OF THE CERTIFICATE OF INCORPORATION

OF THE COMPLAINANT COMPANY IS MARK-A.

2. I say that the present Complaint has been signed and

verified by Mr. VIKAS YADAV, Legal officer of the

complainant company who has been authorized by the board

of directors of the Complainant vide resolution passed in

the meeting held on 3th OCTOBER,2019 to sign, verify and to

file the present complaint and to do all acts and deeds

for and on behalf of the Company. The A.R. is fully

conversant with the facts of the case as per records

received and derived of the Company. TRUE COPY OF THE

BOARD RESOLUTION DT.03.10.2019 AS EX.CW1/1(OSR).

3. I say that the Complainant Company is engaged in the

business of manufacturing and sale of the parts of Air

Conditioning Machine Viz. Air Handling Units, Fan Coil

Units, Ventilation Units, Heat Recovery Units, Exhaust

Units, Scrubbers etc. and the accused have purchased the

products/Air Handling Units, Heat Recovery Units

manufactured by the Complainant.

4. I say that the accused No.1 is a Limited Liability

Partnership and the accused No.2 is the Partner/Authorized

Signatory of accused No.1. The accused No.2 being the

Partner/authorized Signatory is fully liable and

responsible for the day to day affairs and all acts &

deeds of the accused No.1. TRUE COPY OF THE MASTER DATA OF

THE ACCUSED NO.1 AND ITS PARTNERS/SIGNATORIES AS MARK-B.

5. I say that accused No.2 on behalf of accused no.1 had

approached the Complainant at its office for purchasing

the Air Handling Units, Heat Recovery Units/products

manufactured by the Complainant and after having mutually

agreed to the terms and conditions the accused had raised

Purchase orders for supply of Horizontal Floor Mounted Air

Handling Units, Heat Recovery Wheel Units and Ceiling

Suspended Air Handling Units/products manufactured by the

Complainant Company and the Complainant Company had

supplied the said products at the required delivery

addresses of the Accused. COPIES OF THE SAID P.O.’S are

ANNEXED HERETO AS MARK-C (Colly).

6. I say that in pursuance of the said purchase order

raised by the accused the Complainant had supplied their

products i.e. Horizontal Floor Mounted Air Handling

Units/Heat Recovery Wheel Units and Ceiling Suspended Air

Handling Units/ products manufactured by the Complainant

as required in perfect good operational condition at the

required delivery addresses of the accused vide their

Invoice. COPY OF SAID INVOICE AS EX.CW1/2 AND GOODS

RECEIPT AS EX.CW1/3.

7. I say that in terms of the Sales transaction and after

delivery of the material at the required delivery

addresses of the accused and against their liability

towards supply of the material by the Complainant the

accused No.2 on behalf of accused no.1 issued a cheque

bearing No.001044 dt.02.11.2019 for Rs.6,47,396/- drawn on

HDFC BANK, JAIPUR-302020 RAJASTHAN as a part payment in

favour of the Complainant with this representation and

assurance that the said Cheque would be honoured on

presentation in the bank. The Complainant as per the

assurance given by the accused has presented the said

cheque in its banker namely “UNION BANK OF INDIA” Mundka,

Branch Delhi-110041 and on presentation the aforesaid

Cheque returned unpaid by the bank of the accused on

24.01.2020 with the reason “Payment Stopped by Drawer”.

The Complainant immediately informed to the accused about

dishonor of their said Cheque and requested to the accused

to make the payment of outstanding due amount against the

said dishonoured Cheque without further delaying but the

accused gave the repeated false and frivolous assurances

to the Complainant that all the outstanding payment would

be released by the accused very soon. Original Cheque

bearing No.001044 dt.02.11.2019 as EX.CW1/4 and original

Cheque returning memo issued by the bank of the

Complainant are annexed herewith as EX.CW1/5.

8. I say that the Complainant informed the accused about

dishonour of their aforesaid Cheque and requested to the

accused to immediately release the outstanding payment

against their said dishonoured Cheque but the accused gave

the repeated false and frivolous assurances to the

Complainant that the said payment would be released by

them soon. However, till date no payment has been made by

the accused against their aforesaid dishonoured Cheque.

9. I say that the Complainant Company has maintained an

account in the name of the accused No.1 firm in its books

of account in regular course of business and as on date as

per books of account of the Complainant a sum of

Rs.22,34,603/- is due outstanding receivable from the

accused including the amount of dishonor of the said

Cheque and goods supplied to the accused by the

Complainant. The statement of account of the accused is

annexed hereto and marked as EX.CW1/6 AND CERTIFICATE U/S

65(B) OF EVIDENCE ACT AS EX.CW1/7.

10. I say that the above facts make it clear that the

accused had mischievously and intentionally issued the

aforesaid Cheque with the ulterior design and motives and

instructed to the Complainant to present the said Cheque

for encashment, knowingly well that the said Cheque will

not be honoured on presentation as “Payment Stopped by the

Drawer”. Hence the accused are liable to be prosecuted u/s

138 of N.I. Act, 1981.

11. I say that in accordance with the provisions of

section 138(b) of the Negotiable Instruments Act, the

Complainant through their counsel got a legal notice

issued on dt.13.02.2020 and dispatched on 13.02.2020 to

the accused through speed post whereby the accused were

called upon to make the payment against their said

dishonoured Cheque. However, the accused even on receipt

of the legal notice has not made the outstanding payment

against their said dishonoured Cheque within stipulated

time of legal notice. Hence, after issuing the legal

notice to the accused the principle outstanding was of

RS.21,77,666/- after adding the cheque bouncing charges

alongwith interest on principle amount since 23/12/2019

till as on date become of Rs.22,34,603/- is outstanding

receivable from the accused including the amount of their

said dishonoured Cheque and towards the amount against

goods supplied to the accused by the Complainant Hence,

the present Complaint. COPY OF THE LEGAL NOTICE, AS

EX.CW1/8 & ORIGINAL COURIER RECEIPTS ARE EX.CW1/9(COLLY.)

AND ORIGINAL TRACKING SERVICE REPORTS ARE

EX.CW1/10(COLLY).

12. I say that the said Cheque was issued by the accused

on account of payment of their outstanding dues against

material supplied by the Complainant and got the said

Cheque dishonoured with the reason “PAYMENT STOPPED BY

DRAWER” the accused has thus committed an offence under

section 138, R/W 142 of the Negotiable Instruments Act,

1881 as amended up to date and also committed an offence

U/s 420/406 I.P.C.

13. I say that this Hon’ble Court has jurisdiction to

entertain and try the present complaint as the Complainant

has been maintaining its account at Delhi in “UNION BANK

OF INDIA MUNDKA BRANCH, DELHI” and the Cheque was

presented in the Bank by the Complainant at Delhi and the

Cheque was dishonoured at Delhi and lastly the legal

notice got sent through counsel of the Complainant to the

accused from Delhi. Hence this Hon’ble Court has

jurisdiction to try and entertain the present complaint

which is in the jurisdiction of this Hon’ble Court.

14. I say that the present complaint has been instituted

within stipulated time in the court. The affidavit is EX.

CW1/A and signatures are point ‘A’ & ‘B’.

DEPONENT
VERIFICATION:
Verified at Delhi on this ____ day of MARCH,2020 that the
contents of my above affidavit are true and correct to my
knowledge, no parts of it is false and nothing has been
concealed therefrom.

DEPONENT