1

IN THE HON’BLE COURT OF JUDICIAL MAGISRATE FIRST

CLASS AT VASAI

CASE NO. OF 2021

Mr. Praful Sandesh Salvi )

Aged- 31 years, Occ- Service )
Residing at Flat No. C/102, )
1st Floor, Building known as )
Chandresh Darshan, )
Achole Road, )
Nallasopara (East) )
Tal- Vasai, Dist- Palghar )
Pin- 401 209 )….Complainant

V/S.

Mr. Chandrakant Bhiku Jadhav )

Aged-53years, Occ-Service )
Add- Flat No.B/304, )
DHIRAJ PALACE CHS LTD )
Village Achole. )
Nallasopara (East). )
Tal- Vasai, Dist- Palghar. )
Pin- 401 209. )….Accused

Complaint Under section 138 r/w 141 / 142

OF Negotiable Instrument ACT. (As
amended up to date)

MAY IT PLEASE YOUR HONOUR.

The complainant above named do hereby state on solemn

affirmation as under:-
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1. The complainant above named Mr. Praful Sandesh Salvi Aged- 31

years, Occ- Service, residing at Flat No. C/102, 1st Floor, Building

known as Chandresh Darshan, Achole Road, Nallasopara (East),

Tal- Vasai, Dist- Palghar, Pin- 401 209, do hereby state on solemn

affirmation as under:

2. The Complainant says that as the accused and complainant were

having good relations with each other, accused was in need of

money so he decided to sale his flat and approach to complainant

for selling the flat No. B/304, DHIRAJ PALACE CHS LTD,

Village Achole, Nallasopara (East), Tal- Vasai, Dist- Palghar, Pin-

401 209, the total consideration amount of the said flat was Rs.

12,00,000/- (Rupees Twelve Lakh Only), and complainant was

ready to purchase said flat for said consideration and so

complainant has paid you Sum of Rs. 10,00,000/- (Ten lakhs

Rupees).

3. The Complainant says that accused and complainant have also

executed an MOU in respect of the said flat vide dated –

29/07/2020, with the complainant hereto annexed and marked Ex.

“A” Coll. Copy of the MOU.

4. The Complainant says that according to the MOU it was decided

that on vide dated – 01/09/2020 the accused will hand over the
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possession of the flat but accused has failed to give the possession

of the said flat.

5. The Complainant says that accused have assured complainant to

repay the said amount within certain months. Complainant says

that against the said legal debt accused has given one cheque of

Rs. 10,00,000/- (Ten lakhs Rupees only), Vide Cheque No-

300196 of dated 22-01-2021 of Central Bank of India of Marine

Lines Branch hereto annexed and marked Ex. “B” Copy of

cheque No. 300196 of Central Bank of India.

6. The complainant says that after receiving the said cheque from the

Accused of Rs. 10,00,000/- (Ten lakhs Rupees only) Vide Cheque

No- 300196 of dated 22-01-2021 of Central Bank of India of

Marine Lines Branch the complainant had deposited the said

cheque on dated- 25/01/2021 in his State Bank of India

Nallasopara (East), Branch as per the instruction of accused but it

was dishonored on 27/01/2021 stating the reason “Funds

Insufficient”, hereto annexed and marked Copy of Bank Memo of

dated- 27/01/2021, Coll. marked as Ex. “C”.

7. The complainant says that after sending the notice dated-

24/02/2021, the accused did not receive the said notice reasoning

unclaimed hereto annexed and marked Ex. “D”, Copy of notice

dated- 24/02/2021.
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8. The complainant says that the accused has failed to make the

payment of the Legal debt of dishonored of the cheque No-

300196 mentioned herein above to the complainant within the

stipulated period of this notice and reply the said notice by mere

denied of the legal debt. Thus, the accused has committed an

offence under section 138 of N.I. Act, r/w. 141, 142 of Negotiable

instrument act as amended up to date.

9. The complainant says that the complainant is residing at

Nallasopara (East), The Complainant Bank within the Jurisdiction

of this Hon’ble Court. The complainant has deposit the said

cheques with their banker and the said cheques has been

dishonored with banker memo therefore this Hon'ble Court have

jurisdiction to entertain the present complainant. The accused has

issued the said cheques for the discharge of his liability to repay

the said loan amount but the said cheques has been dishonored

therefore the accused is responsible for the same and the said

cheque has been presented within time with their banker. The

accused is responsible for the same and therefore liable to be

prosecuted for committing the said offence punishable under

section 138 r/w. 141,/ 142 of the Negotiable Instrument act as

amended up to date.
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10.The complainant has not filed any other case in respect of the

same cause of action. The present complainant is filed within the

time.

11.The complainant here to annex the list of the documents which is

annexed and rely upon by the complainant.

12.The complainant pays the court fee Rs. In respect of the

present complainant.

In the above circumstance the accused therefore pray that

the Hon'ble Court be pleased to issue the process against the accused

under section 138 of Negotiable instrument act as amended up to

date and to prosecute the accused accordingly.

It is therefore pray that -

a) The Hon'ble Court be please to issue process against the Accused

above named under the law and that the Accused above named to

be punishable u/s. 138 of Negotiable Instrument Act (As

amended up to date) along with r/w. 141 , 142 of N.I. Act as

amended up to date ).
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b) The Hon'ble Court is please to pass any other relief’s i.e. to award

the loss and damage in respect of the present complainant in

favour of the complainant which may be deemed fit and proper by

this Hon’ble Court

For this act of kindness the complainant shall ever pray.

Dated this day of April, 2021

Advocate for Complainant Complainant

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VE R I F I C A T I O N

I, Mr. Praful Sandesh Salvi, Aged- 31 years, Occ-

Service, residing at Flat No. C/102, 1st Floor, Building known

as Chandresh Darshan, Achole Road, Nallasopara (East), Tal-

Vasai, Dist- Palghar, Pin- 401 209the complainant above

named do hereby state that whatever stated here in above is true

and correct on my knowledge and belief the same on the legal

submission to be true and correct.

Solemnly affirmed at Vasai )

On this day of April, 2021 )

Identified by me,

Before Me,

Advocate for the complainant

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IN THE HON’BLE COURT OF JUDICIAL MAGISRATE FIRST

CLASS AT VASAI
CASE NO. OF 2021

Mr. Praful Sandesh Salvi )

Aged- 31 years, Occ- Service )
Residing at Flat No. C/102, )
1st Floor, Building known as )
Chandresh Darshan, )
Achole Road, )
Nallasopara (East) )
Tal- Vasai, Dist- Palghar )
Pin- 401 209 )….Complainant

V/S.
Mr. Chandrakant Bhiku Jadhav )
Aged- 53 years, Occ- Service )
Add- Flat No.B/304, )
DHIRAJ PALACE CHS LTD )
Village Achole. )
Nallasopara (East). )
Tal- Vasai, Dist- Palghar. )
Pin- 401 209. )….Accused

LIST OF DOCUMENTS

1. Exh- A - Copy of MOU dated- 29/07/2020.

2. Exh- B - Copy of cheque vide no- 300196 of dated-22/01/2021.

3. Exh- C - Copy of Bank Memo 27/01/2021.

4. Exh- D - Copy of legal Notice dated- 23/02/2021 and Copy of

R.D Postdated- 24/02/2021.

5. Copy of Aadhar Card of Complainant.

6. Any other person and the documents to be produce before the

Hon'ble Court with prior permission of the Hon'ble Court.

Advocate for complainant

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IN THE HON’BLE COURT OF JUDICIAL MAGISRATE FIRST

CLASS AT VASAI
CASE NO. OF 2021

Mr. Praful Sandesh Salvi )

Aged- 31 years, Occ- Service )
Residing at Flat No. C/102, )
1st Floor, Building known as )
Chandresh Darshan, )
Achole Road, )
Nallasopara (East) )
Tal- Vasai, Dist- Palghar )
Pin- 401 209 )….Complainant

V/S.

Mr. Chandrakant Bhiku Jadhav )

Aged- 53 years, Occ- Service )
Add- Flat No.B/304, )
DHIRAJ PALACE CHS LTD )
Village Achole. )
Nallasopara (East). )
Tal- Vasai, Dist- Palghar. )
Pin- 401 209. )….Accused

MEMORANDUM OF ADDRESS
Mr. Praful Sandesh Salvi,
Residing at- Flat No. C/102,
1st Floor, Building known as
Chandresh Darshan,
Achole Road,
Nallasopara (East)
Tal- Vasai, Dist- Palghar
Pin- 401 209.
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Advocate for Complainant.

IN THE HON’BLE COURT OF
JUDICIAL MAGISRATE FIRST
CLASS AT VASAI

CASE NO. OF 2021

Mr. Praful Sandesh Salvi

) Complainant

V/S.

Mr. Chandrakant Bhiku Jadhav

) Accused

List of Document

Dated this day of April, 2021

MR. KETAN A BAROT

Advocate for the complainant
Mehta chamber 210, 2nd floor
Above Shabari hotel,
Nallaospra East,
Tal- vasai, Dist- Palghar
Pin 401 209.
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I / we are not the member of the welfare fund. Therefore stamp of

Rs. 2/- is not affixed herewith

Advocate

IN THE HON’BLE COURT OF JUDICIAL MAGISRATE FIRST

CLASS AT VASAI
CASE NO. OF 2021

Mr. Praful Sandesh Salvi )

Aged- 31 years, Occ- Service )
Residing at Flat No. C/102, )
1st Floor, Building known as )
Chandresh Darshan, )
Achole Road, )
Nallasopara (East) )
Tal- Vasai, Dist- Palghar )
Pin- 401 209 )….Complainant

V/S.

Mr. Chandrakant Bhiku Jadhav )

Aged- 52 years, Occ- Service )
Add- Flat No.B/304, )
DHIRAJ PALACE CHS LTD )
Village Achole. )
Nallasopara (East). )
Tal- Vasai, Dist- Palghar. )
Pin- 401 209. )….Accused

VAKALTNAMA

I, Mr. Praful Sandesh Salvi, the Complainant above named, do hereby

appoint and authorize Mr. Ketan A. Barot, Mrs. Nayna Barot, Mr. Rahul

Mishra, Mrs. Pooja U. Thathera Advocate High Court, Mumbai to act,

appear and plead for me in the above case.

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Dated this day of April, 2021.

Accepted , Complainant
Mr. ketan A Barot ,
Advocate for the complainant
complainant
Mehta chamber 210, 2nd floor
Above Shabari hotel, NallaospraEast ,
Tal- vasai, Dist- Palghar.
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IN THE HON’BLE COURT OF JUDICIAL MAGISRATE

FIRST CLASS AT VASAI
CASE NO. OF 2021

Mr. Praful Sandesh Salvi )

Aged- 31 years, Occ- Service )
Residing at Flat No. C/102, )
1st Floor, Building known as )
Chandresh Darshan, )
Achole Road, )
Nallasopara (East) )
Tal- Vasai, Dist- Palghar )
Pin- 401 209 )….Complainant

V/S.

Mr. Chandrakant Bhiku Jadhav )

Aged- 52 years, Occ- Service )
Add- Flat No.B/304, )
DHIRAJ PALACE CHS LTD )
Village Achole. )
Nallasopara (East). )
Tal- Vasai, Dist- Palghar. )
Pin- 401 209. )….Accused

VE R I F I C A T I O N

1. 1. The complainant above named do hereby state on solemn

affirmation as under: - The complainant above named Mr. Praful

Sandesh Salvi, Aged- 31 years, Occ- Service, residing at Flat No.

C/102, 1st Floor, Building known as Chandresh Darshan, Achole

Road, Nallasopara (East), Tal- Vasai, Dist- Palghar, Pin- 401 209,

do hereby state on solemn affirmation as under:

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2. I say that accused and I were having good relations with each

other; accused was in need of money so he decided to sale his flat

and approach to me for selling the flat No. B/304, DHIRAJ

PALACE CHS LTD, Village Achole, Nallasopara (East), Tal-

Vasai, Dist- Palghar, Pin- 401 209, the total consideration amount

of the said flat was Rs. 12,00,000/- (Rupees Twelve Lakh Only) ,

and I was ready to purchase said flat for said consideration and so

I had paid you Sum of Rs. 10,00,000/- (Ten lakhs Rupees).

3. I say that accused and I have also executed an MOU in respect of

the said flat vide dated – 29/07/2020, with me hereto annexed and

marked Ex. “A” Coll. Copy of the MOU.

4. I say that according to the MOU it was decided that on vide dated

– 01/09/2020, the accused will hand over the possession of the flat

but accused has failed to give the possession of the said flat.

5. I say that accused have assured me to repay the said amount

within certain months. I say that against the said legal debt

accused has given one cheque of Rs. 10,00,000/- (Ten lakhs

Rupees only), Vide Cheque No- 300196 of dated 22-01-2021 of

Central Bank of India of Marine Lines Branch hereto annexed and

marked Ex. “B” Copy of cheque No. 300196 of Central Bank of

India.
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6. I say that after receiving the said cheque from the Accused of Rs.

10,00,000/- (Ten lakhs Rupees only) Vide Cheque No- 300196 of

dated 22-01-2021 of Central Bank of India of Marine Lines

Branch the I had deposited the said cheque on dated- 25/01/2021

in his State Bank of India Nallasopara (East), Branch as per the

instruction of accused but it was dishonored on 27/01/2021 stating

the reason “Funds Insufficient”, hereto annexed and marked

Copy of Bank Memo of dated- 27/01/2021, Coll. marked as Ex. “C”.

7. I say that after sending the notice dated- 24/02/2021, the accused

did not receive the said notice reasoning unclaimed hereto

annexed and marked Ex. “D”, Copy of notice dated- 24/02/2021.

8. I say that the accused has failed to make the payment of the Legal

debt of dishonored of the cheque No- 300196 mentioned herein

above to me within the stipulated period of this notice and reply

the said notice by mere denied of the legal debt. Thus, the accused

has committed an offence under section 138 of N.I. Act, r/w. 141,

142 of Negotiable instrument act as amended up to date.

9. I say that I am residing at Nallasopara (East), my Bank is within

the Jurisdiction of this Hon’ble Court. I say that I have deposit the

said cheques with their banker and the said cheques has been

dishonored with banker memo therefore this Hon'ble Court have

jurisdiction to entertain the present complainant. The accused has

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issued the said cheques for the discharge of his liability to repay

the said loan amount but the said cheques has been dishonored

therefore the accused is responsible for the same and the said

cheque has been presented within time with their banker. The

accused is responsible for the same and therefore liable to be

prosecuted for committing the said offence punishable under

section 138 r/w. 141,/ 142 of the Negotiable Instrument act as

amended up to date.

10. I say that I have not filed any other case in respect of the same

cause of action. The present case is filed within the time.

11. I have here to annex the list of the documents which is

annexed and rely upon by me do hereby state that whatever

stated here in above is true and correct on my knowledge and

belief the same on the legal submission to be true and

correct.

Solemnly affirmed at Vasai )

On this day of April, 2021 )

Identified by me,

Before Me,

Advocate for the complainant

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IN THE HON’BLE COURT OF JUDICIAL MAGISRATE

FIRST CLASS AT VASAI
CASE NO. OF 2021

Mr. Praful Sandesh Salvi )

)…Complainant

V/s