BEFORE THE HONBLE COURT OF CHIEF JUDICIAL MAGISTRATE AT

HANDWARA

Principal
In The Case Of:
Hill Grange School
Handwara
...Complainant

VERSUS

Nisar Ahmad Wani

S/O Javid Ahmad Wani
R/O Maidan Chogal
Tehsil Handwara
District Kupwara
...Respondent/Accused

In the matter of: Complaint under section 138, 142 of N I Act

read with section 420 of RPC against the
accused named above.

May it please your honor:-

The complainant submits as under:-

1. That the complainant and the accused have some school

transactions which include Tuition fee and other related school
dues. In this context the accused issued two cheques bearing
No’s 074812- Dated: 10-10-2021 amounting Rs.10, 000/=
(Rupees Ten Thousand Only) and 074813- Dated: 25-10-2021
amounting Rs.10, 000/= (Rupees Ten Thousand Only) totaling an
amount of Rs. 20,000/= (Twenty Thousand Only) respectively
bearing Account No. CC- 51, payable at J&K Bank Branch
Kulangam. Copy of the original cheques is annexed herewith as
Annexure A.
2. That when the said cheques were presented for payment by the
complainant, they were returned by the banker of the accused
i.e; J&K Bank Branch, Kulangam with remarks “ Not Sufficient”
and the said cheques were thus returned back to the complainant
on 23-11- 2021. Copy of the original memo is annexed herewith
as Annexure B.
3. That the complainant informed the accused about the cheque
bounce and requested to make the payment but there is no
response from the accused till date.
4. That the complainant sent a demand notice on 06-12- 2021 to
the accused under clause (b) of the proviso to the section 138 of
N I Act and accordingly requested the accused through demand
notice to make the payment within a statutory period of fifteen
days from the date of notice. However, despite the service of the
said notice, the accused did not made the payment of the
 dishonored cheques to the complainant. Copy of the demand
notice is annexed as Annexure C.
5. That the payment has not been made with ulterior reasons by the
accused, who with malafide intentions, knowingly, deliberately
and intentionally issued the said cheques knowing well that the
same would be dishonored on account of insufficient funds.
6. That the aforesaid acts, accused has become liable to be
prosecuted under the provisions of the N I Act and RPC.
7. That the cause of action for purpose of filling the present
complaint arose today, when the accused failed to make the
payment despite the demand notice which has been served to
the accused within the stipulated time.

In the premises it is therefore accordingly prayed that the action be

initiated against the accused under section 138, 142 of N I Act and
accused be punished in accordance with law for the offence committed.

Complainant

S/O: Gh Nabi Bhat

List of witnesses:-
1. Complainant