CITYM A

MET POLICE STATION

F METROPOLITAN
C H I E F

ADL
22nd
THE
CoURT OF
M A G I S T R A T E A TB A N G A L

IN THE

P . C . R . N O .

CCNOPP

O M S A IA S s o C I A T E S

Representedby Part
byther
cOMPLAINANT OM Snted
DILIP KUMAR

Age 5 7 years,
S/o.Late Arjun Lal,

3td
Floor, OTC Road Cross,
OTC

No.2/1,
S.P.Road, Bangalore.

REPRESENTED BYS 0 2 ,
560 0
ED BY SPA HOLDER
P R A K A S HK A N D H A R I O L D E R .

S/o.Late Si.LaxmaridaS
aXmandas Tarachand,
A g e5 8 y e a r s

vs/

S A M R U D D H I
REALTY LTD
ACCUSED: 1.
The Landmark,
No.21/15, 4 FIOOr, M.G.Road
Bangalore-560 001
Represented by Directors

2. Mr.HEMANG RAWAL

Major,
Director:Samruddhi Realty Ltd
The Landmark,
No.21/15, 4" Floor, M.G.Road,
Bangalore-560 001
3. Mr.RAVINDRA MADHUDI
Major,
Director: Samruddhi Realty Ltd
The Landmark,
No.21/15, 4" Floor, M.G.Road,
Bangalore-560 001
UNDER SECTION 200 OF THE cODE OF CRIMINAL PROCEDURE,
RW SECTION 138, 141 and 142 OF THE NEGOTIABLE
INSTRUMENTS ACT, 1881, THE COMPLAINANT ABOVENAMED
BEGS TO SUBMIT AS FOLLOWS:
 2
The ted in the cause
1. Address of
the
is as stated
title
above compla
Complainant

2 The Address of the Accused for the purpose

ofiss of Court
Process etc is as accuse0
stated in the cause title above
3 The Complainant the Accused No.2 and Accusecd
Submits. that,
No.3 are the Directo of the Accused No. 1 and are active engaged in
conducting the
business and is in charge and is responsible for the day
to day affairs of the
Accused No.1
4. The Complainant
submits, that, the Accused No.2 and Accused
No.3 being the
Directors of the
the Accused No.1 and being well known to
the Complainant from nast Three years had approached the
Complainant in the
month of March 2016 and had sought for Hand
Loan of
Rs.15,00,000/ (Rupees Fifteen Lakhs only) from the
Complainant for urgent business Durposes. The
accordingly paid a sum
Complainant had

to the Acused as
of Rs 15,00,000/- (Rupees Fifteen Lakhs
only
Loan by
way of Cheque bearing No.000420,
23-03-2016 for dated
Rs.15,00,000/- drawn on DCB Bank Ltd, Bangalore and
the Accused No.1,
Accused No.2 and Accused No.3 executed One On
Demand Promissory
Note and Consideration Receipt
23-03-2016 for Rs.15,00,000- dated:
(Rupees Fifteen Lakhs only) in favour of
theComplainant and acknowledged to have received
the aforesaid
sum of
Rs.15,00,000/- (Rupees Fifteen Lakhs
only) from the
Complainant and undertook to repay the same with
Interest. The
Cheque bearing No.000420,
dated:-23-03-2016 for Rs.15,00,000
drawn on DCB Bank Ltd,
Bangalore was duly encashed by the
Accused.
 3-
that,
out of
the Total
5. The Complainant subm
bmits,

.akns Only), the

Lakhs
Sum of

paid a sum Accused No.1

Fifteen

Rs.15,00,000/- (Rupees ave paid,

ha
ave

No.3 of Rs.7,50,000/-
Accused No.2 and
Accused

ony) to the
d only).
ACCused No.3Complainant
T h o u s a n d

Lakhs Fifty and

(Rupees Seven d
and
No.2 are still due in a
the Accused No.1,
Accused

Seven.
akhs Fifty Thousand only) to the
(Rupees rincipal
sum
of Rs.7,50,000/- Balance
of
Prine

the
Complainant towards

submits,
that, on repeated demands and persona
6. The Complainant
the
ainant to
Complainant
the Accused No.2 and
made by
approaches

the Ac
cUsed No,.1, to repay the aforesaid
representing
representingtthe Accused No.1,
No.3
Accused
Accused
lo 2 representing
No.2
the
borrowed amount,
No.923078, dt-03-11-2017 for Rs.7,50,000/
issued Cheque bearing
Canara Bank,
K a n n a m a n g a l a

Branch, Kannamangala,
drawn on
of
or the Complainant
Complainant, towards the
Karnataka-562110
issued in
favour
u
Amount due
Dy ne Accused No 1 Aceend

Balance of the Principal

Complainant,
No.3 to the
No.2 and Accused

presented the i E q u e bearing No.923078, dt:-

7. The Complainant
drawn on ahara Bank, Kannamangala
03-11-2017 for Rs.7,50,000/-
Karnataka-562110 to the Bank for
Branch, Kannamangala,
through the Lakshmi Vilas Bank, City
encashment on 03-11-2017
returned
Bangalore. The aforesaid Cheque
was
Market Branch,
Dishonoured with remarks 'Funds Insufficient as per Memo of
the and
Dishonour dt:-04-11-2016, suffice it to say that
assurance

representation made by the Accused No.1, Accused No.2 and Accused

 4-
8. That the Accused No.2 and Accused
Accused No 3
Consideratition have
No 1.
executed the On Note and
and the Accused Demand Promting the Accused No.1 has Receipt
issory

issued the
No 2repre" signed :
aforesaid Qur
favou of the Complainant towards the
Cheque
discharge of legal debt and inhaave failed to honour the
Cheque on
presentation. Thus by
the action all
the Accused, the
Accused No.1
Accused No.2 and CCused No.3 ave committed an Offence
punishable Under
Accused
the Negotiable Instruments Act
the Accus
Section 136 of and
No.1, and Accu No.3 are liable
prosecuted for the Accused
No.2 be
said Offences before the Competent Court
of
Jurisdictional Magistrate and Iso liable to pay to the
Complainant
TWICE the amount
of the aforesaid Cheque. That the aforesaid
amount was
borrowed h the Accused No.1, ACCUsed No.2 and
Accused No.3 and the No.2 and Accused No.3
Accused being the
Directors of the
Accused Na 1 have dealt with the Iransaction with the
Complainant and have wed the aforesaid sum from the
Complainant and are actively engaged in conducting the business and
are in charge and is the
responsible for day to
day affairs of the
Accused No.1 and therefore the Accused No.1, Accused No.2 and
Accused No.3 also liable to pay Compensation to the
are
Complainant
towards the face value of the aforesaid Cheque, as the Accused
No.1,
Accused No.2 and Accused No.3 have
unreasonably blocked the
Capital of the Complainant.

9. The Complainant therefore caused a Legal Notice dt:.-18-11-2017 to

the Accused by Registered Post Acknowledgement Due. The Notice

sent to all the Accused has been duly served on 22-11-2017. The
Accused were called upon to remit the amount of the Dishonoured
Cheque within 15 days from the date of receipt of the said Notice. The
said 15 days have expired. The Accused above named have failed to
make the payment within Fifteen Days from the date of receipt of the
said Notice or complied with the Notice
 5
make
the ment to the
he Complainant till
failed to
The Accused have
Note
and Consideration Receipt
PromissOy
today. The On
Demand
nree Postal
Produced Receipts
Dishonour, Notice and Three
Cheque, Memo of tn
r e w i t h

Postal Acknowledgements
are heic which may read as
Complaint.
part and parcel of
this
ial Fower of
executeda
Attorney in
he Complainant has
Kandha personal knowledge favour
who.has
of tne
he
of Attoney
Prakash
of his Manager -
Is

The Special
Power also produced along with
transaction.

the Complaint.

that at the
the
complainant
Complainant
ubmits
is entitled for
10. The of the
towards the face
value
aforesaid Cheque with
Compensation
Legal and
r Leyel
and other and incid. incidental charges as
18% p.a.
terest thereon 35/ or Cr.P.C
Provisions of Section
provided under

Complaint arose
Ose on
of action for
the 04-11-2017 when
11. The cause

received the
rmation with rece
information
regard to the dishonour
the Complainant
wher the
of the aforesaid Cheques
and further Complainant issued a
of the Negotiable lInstruments Act 1881 on
Notice Under Section 138(b)
22-1
i40 when the Notice sent to
18-11-2017 to the Accused and on
served and on 08-12-2017 when all the
all the Accused was duly
b
Accused failed to make the payment wiur days time from the date
The Complaint is in time.
of receipt of the said Notice.

the
12.
12. The Complainant and Accused are residing in Bangalore and
Transaction has taken place at Bangalore within the Jurisdiction of
this

Hon'ble Court. The Cheque is drawn on Canara Bank, Kannamangala

Branch, Kannamangala, Karnataka-562110. The Cheque was
presented through the Lakshmi Vilas Bank, City Market, Bangalore
within the Jurisdiction of this Hon'ble Court and therefore this Hon'ble

Court has Jurisdiction to entertain this Complaint.

 complaint. where the Cheque
Complaint
City Market Branch
Bangalore
t h i s

Complainant therefore
m e s

h i l a sB a n k
The Station, Bangalore
presented namely Lakshmi V
e t Police Statio
namely
Court

within the Jurisdiction of City b l e

that this
Hon'ble Court be
within the Jurisdiction of this
1 o n

his p r a

committed by the Accused

Wherefore, the Complainoffence ofthe Negotiable Instruments Act
pleased to take Cognizance o
138
the Accused in
within the meaning of section rsons
and punish
Under Section 138 of
and call for the Accused P nce committed

accordance with law for the O Award

TWICE the Amount of the
and
N.IAct r/w Section 200 of CrPolainant together with Costs and
o t h e Complaina

aforesaid Cheques due to the Accused U/s.357 of Cr.P.C. in

he
Interest out of the Fine Imoosed
the ends of justice.
BANGALORE
COMPLAINANT
DATED

ADVOCATE FOR COMPLAINAN

V E R I E I C A T I O N

hereby declare that what is stated

I, the Complainant above named d
above in Paragraphs (1) to (12) are true to the bes of my knowledge,

information and belief.

BANGALORE

DATED COMPLAINANT
LIST OF WITNESSES
1. Complainant

2. The Manager
Canara Bank,
Kannamangala Branch,
Kannamangala, Karnataka-562110
3. The Manager
Lakshmi Vilas Bank,
BANGALORE City Market, Bangalore.

DATED
COMPLAINANT