BEFORE THE HON’BLE COURT OF SH.

VISHAL PAHWA,
M.M., TIS HAZARI COURTS, DELHI.

COMPLAINT NO. OF 2010

IN THE MATTER OF:-

M/S KESHAR DEO RAMESH KUMAR ………………COMPLAINANT

VERSUS

SH. ANIL KUMAR SHARMA …………………………ACCUSED

AFFIDAVIT ON BEHALF OF THE COMPLAINANT

AS PER DIRECTIONS OF APEX COURT

I, Ashwani Sharma S/o Late Sh. M. P. Sharma R/o

4505, Gali Jatan, Pahari Dhiraj, Delhi-6, do

hereby solemnly affirm and declare as under:-

1. The deponent is the attorney holder of

the complainant in abovesaid case and is

well conversant with facts and

circumstances of case and competent to

swear this affidavit before this Court.

2. The deponent states that he has no

objection in compounding the matter if any

amicable settlement/compromise arrived

between the deponent and the accused on

first or second date of hearing.

3. The deponent further states that he has

not filed any similar complaint/case

against the accused on the issue stated in

the above stated case in any court of law.

4. The deponent undertakes to comply each

and every condition/direction imposed upon

him by Court at the time of compounding

the matter.

DEPONENT
VERIFICATION:-

Verified at Delhi on this 28th day

of September 2010 that the contents of my above

affidavit are true and correct to my knowledge

and no part of it is false and nothing material

has been concealed therein.

DEPONENT
BEFORE THE HON’BLE COURT OF CHIEF METROPOLITAN
MAGISTRATE, TIS HAZARI COURTS, DELHI.

COMPLAINT NO. OF 2010

IN THE MATTER OF:-

M/S KESHAR DEO RAMESH KUMAR ………………COMPLAINANT

VERSUS

SH. ANIL KUMAR SHARMA …………………………ACCUSED

INDEX

S.No. PARTICULARS PAGES

1. MEMO OF PARTIES

2. Complaint U/s 138/142 of The

Negotiable Instruments Act

3. List of witnesses

4. List of Documents alongwith

Documents.

5. Vakalatnama

6. Evidence by way of affidavit

COMPLAINANT

THROUGH

(RAKESH TANWAR)
ADVOCATE
PLACE:-DELHI CH. NO. V-32, TEHSIL LANE,
DATED:-06/01/2010 TIS HAZARI COURTS, DELHI.
 BEFORE THE HON’BLE COURT OF CHIEF METROPOLITAN
MAGISTRATE, TIS HAZARI COURTS, DELHI.

COMPLAINT NO. OF 2010

IN THE MATTER OF:-

M/S KESHAR DEO RAMESH KUMAR ………………COMPLAINANT

VERSUS

SH. ANIL KUMAR SHARMA …………………………ACCUSED

MEMO OF PARTIES

M/S. KESHAR DEO RAMESH KUMAR

THROUGH ITS PROPRIETOR
SH. KESHAR DEO AGGARWAL,
AT 1078, 1ST FLOOR, GANDHI GALI,
FATEH PURI, DELHI-110006. ………………COMPLAINANT

VERSUS

SH. ANIL KUMAR SHARMA,

H. NO. 60, SECTOR-21A,
CHANDIGARH-160022 …………………………ACCUSED

(RAKESH TANWAR)
ADVOCATE
PLACE:-DELHI CH. NO. V-32, TEHSIL LANE,
DATED:-06/01/2010 TIS HAZARI COURTS, DELHI.
BEFORE THE HON’BLE COURT OF CHIEF METROPOLITAN
MAGISTRATE, TIS HAZARI COURTS, DELHI.

COMPLAINT NO. OF 2010

IN THE MATTER OF:-

M/S. KESHAR DEO RAMESH KUMAR

THROUGH ITS PROPRIETOR
SH. KESHAR DEO AGGARWAL,
AT 1078, 1ST FLOOR, GANDHI GALI,
FATEH PURI, DELHI-110006. ………………COMPLAINANT

VERSUS

SH. ANIL KUMAR SHARMA,

H. NO. 60, SECTOR-21A,
CHANDIGARH-160022 …………………………ACCUSED

P.S.:-KOTWALI

COMPLAINT U/S 138/141/142 OF THE NEGOTIABLE

INSTRUMENTS ACT, 1881, AS AMENDED BY BANKING
PUBLIC INSTITUTION AND NEGOTIABLE INSTRUMENTS
LAW AMENDED AND MISCELLANEOUS PROVISIONS ACT,
2002 (ACT No. 55 OF 2002) AND READ WITH CHAPTER
XV OF CRIMINAL PROCUDURE CODE, 1973 AND ALSO
READ WITH SECTION 420 OF INDIAN PENAL CODE.

MOST RESPECTFULLY SHOWETH:-

1. That the complainant is engaged in the

business of trading of Dry Fruits and

Kirana under the name and style of M/s.

 Keshar Deo Ramesh Kumar at the abovesaid

address.

2. That the accused used to approach the

complainant for purchasing dry fruits and

Kirana items from time to time from the

complainant against separate invoices and

bills on different rates and credit

facility was extended to accused on

believing his assurances whereby the

accused, assured for prompt payment to the

complainant.

3. That the complainant in due course of

its business supplied Pista Dodi vide

invoice no. 1532 dated 25/08/2009 of Rs.

3,23,960/- including vat amount of Rs.

12,460/- and the accused after being

satisfied with the quality and quantity of

the goods supplied by complainant, accused

in due discharge of his part liability

towards the complainant issued two cheques

bearing No. 474119 and 474120 both dated

31/08/2009 for Rs. 1,50,000/- each both

drawn on Vijaya Bank B/o Sector-17B,

 Chandigarh-160017 and at the time of

handing over said cheques the accused

assured the complainant that same will be

honoured on their presentation.

4. That accordingly the complainant

presented the said cheques with his banker

AXIS Bank B/o Chandni Chowk, Delhi-110006

for realisation, but to utter shock &

surprise of complainant, cheques returned

unpaid with remarks “Insufficient Funds”

and every time the accused requested the

complainant for presenting the said cheques

again thereby giving one or the other

reason.

5. That accordingly, the complainant lastly

presented the said cheques with his banker

but to the utter shock and surprise of the

complainant the said cheques again returned

dishonoured by his banker with same remarks

i.e. Fund Insufficient” to complainant’s

banker and in turn the complainant’s banker

returned dishonoured cheques to complainant

vide debit advice dated 07/11/2009 which

 was received by the complainant only on

10/11/2009 through post.

6. That immediately on receipt of

dishonoured cheques, complainant contacted

the accused on telephone and requested the

accused to make payment of cheques amount

in cash but the accused kept on avoiding

same on one pretext or other.

7. The complainant having no other option,

got issued a legal notice dated 30/11/2009

through his advocate Sh. Rakesh Tanwar

under Regd. Ad. Cover and UPC which was

posted on 05/12/2009. Office copy of Legal

Notice, Postal Receipt and UPC slip are

attached herewith. The complainant through

this Notice requested the accused to make

payment of dishonoured cheques amount

within 15 days. The notice sent through

Regd. Ad as well as UPC was duly served

upon accused. Despite service of legal

notice, accused has neither paid the

cheques amount nor replied the said notice.

8. That from the abovesaid conduct and

behaviour of the accused, it is apparent

clear that the accused were having malafide

and dishonest intentions at the time of

issuing the cheques in due discharge of his

part liability towards the complainant.

Thus, the accused has defrauded complainant

hence the accused have committed an offence

which is punishable U/s 420 IPC.

9. That the accused has intentionally and

deliberately issued bogus cheques, having

full knowledge that the accused have not

made necessary arrangement in his account

for honouring of cheques in question which

has been issued by accused in due discharge

of his part liability, in this way, the

accused has violated provisions of Section

138 of Negotiable Instrument Act and thus

the accused are liable to be prosecuted U/s

138 of N.I. Act.

10. That the accused are liable to pay a sum

of Rs. 3,00,000/- to the complainant being

 amount of dishonoured cheques apart from

the remaining bill amount of Rs. 23,960/-.

11. That this Hon'ble Court has jurisdiction

to take cognizance and to try the present

complaint case as banker of the complainant

i.e. Axis Bank is situated at Chandni

Chowk, Delhi which comes within territorial

jurisdiction of Police Station Kotwali,

Delhi.

12. The complaint case is being filed within

the period of limitation as provided under

the Negotiable Instruments Act.

In the premises aforesaid and in facts and

circumstances of case as explained herein above

it is therefore, most respectfully prayed that

this Hon'ble Court may graciously be pleased

to:-

(a) Summon, try and punish the accused for

the offence U/s 138 of Negotiable

Instruments Act, 1881 as amended (Act No.

66 of 1988).
(b) Pass necessary order(s) Under section

357 of Code of Criminal Procedure, 1973

that amount of said cheque alongwith

interest accrued thereon and the expenses

incurred by complainant be paid to the

complainant apart from amount which will

be imposed as fine by this Hon'ble Court

and/or

(c) Pass any other relief which, this

Hon'ble Court deem fit and proper under

the facts and circumstances of complaint

in favour of the complainant and against

accused.

COMPLAINANT

THROUGH

(RAKESH TANWAR)
ADVOCATE
PLACE:-DELHI CH. NO. V-32, TEHSIL LANE,
DATED:-06/01/2010 TIS HAZARI COURTS, DELHI.
BEFORE THE HON’BLE COURT OF CHIEF METROPOLITAN
MAGISTRATE, TIS HAZARI COURTS, DELHI.

COMPLAINT NO. OF 2010

IN THE MATTER OF:-

M/S KESHAR DEO RAMESH KUMAR ………………COMPLAINANT

VERSUS

SH. ANIL KUMAR SHARMA …………………………ACCUSED

AFFIDAVIT

I, Keshar Deo Aggarwal, Prop. of M/s Keshar Deo

Ramesh Kumar at 1078, 1st Floor, Gandhi Gali,

Fateh Puri, Delhi-110006, do hereby solemnly

affirm and declare as under:-

1. That the deponent is proprietor of the

complainant firm in the abovesaid case and

is well conversant with the facts and

circumstances of the case and as such

competent to swear this affidavit before

this Hon'ble Court.

2. The contents of accompanying complaint U/s

138/142 of NI Act, has been drafted by my

counsel under my instructions and the same

has been read over by me, understood by me

and are true & correct to my knowledge.

3. The deponent crave leave of this Hon'ble

Court to read the contents of complaint as

part and parcel of this affidavit as same

are not repeated here for sake of brevity.

DEPONENT
VERIFICATION:-

Verified at Delhi on this 6TH day

of January 2010 that the contents of my above

affidavit are true and correct to my knowledge

and no part of it is false and nothing material

has been concealed therein.

DEPONENT
BEFORE THE HON’BLE COURT OF CHIEF METROPOLITAN
MAGISTRATE, TIS HAZARI COURTS, DELHI.

COMPLAINT NO. OF 2010

IN THE MATTER OF:-

M/S KESHAR DEO RAMESH KUMAR ………………COMPLAINANT

VERSUS

SH. ANIL KUMAR SHARMA …………………………ACCUSED

LIST OF WITNESSES

1. Complainant in person.

2. Manager of Vijaya Bank B/o Sector-17B,

Chandigarh-160017 with record pertaining
to cheques bearing No. 474119 and 474120
both dated 31/08/2009 for Rs. 1,50,000/-
each both drawn on Vijaya Bank B/o Sector-
17B, Chandigarh-160017.

3. Manager/clerk of AXIS Bank B/o Chandni

Chowk, Delhi-110006 with record pertaining
to cheques bearing No. 474119 and 474120
both dated 31/08/2009 for Rs. 1,50,000/-
each both drawn on Vijaya Bank B/o Sector-
17B, Chandigarh-160017 and Debit Advice
dated 07/11/2009.

4. Any other witness with prior permission

of this Hon'ble Court.

COMPLAINANT

THROUGH

(RAKESH TANWAR)
ADVOCATE
PLACE:-DELHI CH. NO. V-32, TEHSIL LANE,
DATED:-06/01/2010 TIS HAZARI COURTS, DELHI.
BEFORE THE HON’BLE COURT OF CHIEF METROPOLITAN
MAGISTRATE, TIS HAZARI COURTS, DELHI.

COMPLAINT NO. OF 2010

IN THE MATTER OF:-

M/S KESHAR DEO RAMESH KUMAR ………………COMPLAINANT

VERSUS

SH. ANIL KUMAR SHARMA …………………………ACCUSED

LIST OF DOCUMENTS

1. Invoice no. 1532 dated 25/08/2009 of Rs.

3,23,960/-

2. Cheques bearing No. 474119 and 474120

both dated 31/08/2009 for Rs. 1,50,000/-
each both drawn on Vijaya Bank B/o Sector-
17B, Chandigarh-160017

3. Original Debit advice dated 07/11/2009

issued by the Banker of the complainant.

4. Legal notice dated 30/11/2009.

5. Postal Receipts & UPC slip dated

05/12/09.

COMPLAINANT

THROUGH

(RAKESH TANWAR)
ADVOCATE
PLACE:-DELHI CH. NO. V-32, TEHSIL LANE,
DATED:-06/01/2010 TIS HAZARI COURTS, DELHI.
BEFORE THE HON’BLE COURT OF CHIEF METROPOLITAN
MAGISTRATE, TIS HAZARI COURTS, DELHI.

COMPLAINT NO. OF 2010

IN THE MATTER OF:-

M/S KESHAR DEO RAMESH KUMAR ………………COMPLAINANT

VERSUS

SH. ANIL KUMAR SHARMA …………………………ACCUSED

EVIDENCE BY WAY OF AFFIDAVIT

ON BEHALF OF THE COMPLAINANT

Affidavit of Sh. Keshar Deo Aggarwal, Prop. of

M/s Keshar Deo Ramesh Kumar at 1078, 1 st Floor,

Gandhi Gali, Fateh Puri, Delhi-110006.

I, the abovenamed deponent do hereby

solemnly affirm and declare as under:-

1. That the deponent is proprietor of the

complainant firm in the abovesaid case and

is well conversant with the facts and

circumstances of the case and as such

competent to swear this affidavit before

this Hon'ble Court.

2. The deponent states that the complainant

is engaged in the business of trading of

Dry Fruits and Kirana under the name and

style of M/s. Keshar Deo Ramesh Kumar at

the abovesaid address.

3. The deponent states that the accused used

to approach the complainant for purchasing

dry fruits and Kirana items from time to

time from the complainant against separate

invoices and bills on different rates and

credit facility was extended to accused on

believing his assurances whereby the

accused, assured for prompt payment to the

complainant.

4. The deponent states that the complainant

in due course of its business supplied

Pista Dodi vide invoice no. 1532 dated

25/08/2009 of Rs. 3,23,960/- including vat

amount of Rs. 12,460/- and the accused

after being satisfied with the quality and

quantity of the goods supplied by

complainant, accused in due discharge of

 his part liability towards the complainant

issued two cheques bearing No. 474119 and

474120 both dated 31/08/2009 for Rs.

1,50,000/- each both drawn on Vijaya Bank

B/o Sector-17B, Chandigarh-160017 and at

the time of handing over said cheques the

accused assured the complainant that same

will be honoured on their presentation.

Original Invoice is Ex CW1/1 and Cheques

is Ex CW1/2 and CW1/3.

5. The deponent states that accordingly the

complainant presented the said cheques

with his banker AXIS Bank B/o Chandni

Chowk, Delhi-110006 for realisation, but

to utter shock & surprise of complainant,

cheques returned unpaid with remarks

“Insufficient Funds” and every time the

accused requested the complainant for

presenting said cheques again thereby

giving one or other reason.

6. The deponent states that accordingly, the

complainant lastly presented the said

cheques with his banker but to the utter

 shock and surprise of the complainant the

said cheques again returned dishonoured by

his banker with same remarks i.e. Fund

Insufficient” to complainant’s banker and

in turn the complainant’s banker returned

dishonoured cheques to complainant vide

debit advice dated 07/11/2009 which was

received by the complainant only on

10/11/2009 through post. Original Debit

Advice dated 07/11/2009 is Ex CW1/4.

7. The deponent states that immediately on

receipt of dishonoured cheques,

complainant contacted the accused on phone

and requested the accused to make payment

of cheques amount in cash but the accused

kept on avoiding same on one pretext or

other.

8. The deponent states that the complainant

having no other option, got issued a legal

notice dated 30/11/2009 through his

advocate Sh. Rakesh Tanwar under Regd. Ad.

Cover and UPC which was posted on

05/12/2009. Office copy of Legal Notice is

 Ex CW1/5, Postal Receipt is Ex CW1/6 and

UPC slip is Ex CW1/7. The complainant

through this Notice requested the accused

to make payment of dishonoured cheques

amount within 15 days. The notice sent

through Regd. Ad as well as UPC was duly

served upon accused. Despite service of

legal notice, accused has neither paid the

cheques amount nor replied said notice.

9. The deponent states that from the

abovesaid conduct and behaviour of the

accused, it is apparent clear that the

accused were having malafide and dishonest

intentions at the time of issuing the

cheques in due discharge of his part

liability towards the complainant. Thus,

the accused has defrauded complainant

hence the accused have committed an

offence which is punishable U/s 420 IPC.

10. The deponent states that the accused has

intentionally and deliberately issued

bogus cheques, having full knowledge that

the accused have not made necessary

 arrangement in his account for honouring

of cheques in question which has been

issued by accused in due discharge of his

part liability, in this way, the accused

has violated provisions of Section 138 of

Negotiable Instrument Act and thus the

accused are liable to be prosecuted U/s

138 of N.I. Act.

11. The deponent states that the accused are

liable to pay a sum of Rs. 3,00,000/- to

complainant being amount of dishonoured

cheques apart from the remaining bill

amount of Rs. 23,960/-.

12. The deponent states that this Hon'ble

Court has jurisdiction to take cognizance

and to try the present complaint case as

banker of the complainant i.e. Axis Bank

is situated at Chandni Chowk, Delhi which

comes within territorial jurisdiction of

Police Station Kotwali, Delhi.

13. The deponent states that the complaint

case is being filed within the period of

 limitation as provided under Negotiable

Instruments Act.

14. The complainant reaffirms the prayer

clause of the complaint.

DEPONENT
VERIFICATION:-

Verified at Delhi on this 6TH day

of January 2010 that the contents of my above

affidavit are true and correct to my knowledge

and no part of it is false and nothing material

has been concealed therein.

DEPONENT