IN THE COURT OF THE HON’BLE JUNIOR

CIVIL JUDGE :R R DSITRICT

AT: LB NAGAR

CC. No: OF 2021

Between:
M/s. Sarada Devi, W/o. Sri. K.Venkateshwara Rao,
Age: 65 years, Occupation: House wife,
R/o. H.No.6-3-917/5,Satya Sagar Colony ,
Vanasthalipuram, Hyderabad 500070
……Complainant
AND
Mr. T.Narasimha Rao ,S/o. Sri. T.Venkataiah
Age about 50 years, R/o. Plot No. 220,
Road No. 9, Vasavi Colony,
Kothapet, Saroornagar, Hyderabad-035
…… Accused
COMPLAINT FILED UNDER SECTION 200 OF CRIMINAL
PROCEDURE CODE
NATURE OF OFFENCE : Under Section 138 of N.I. Act
r/w Sec 420 IPC.

DATE OF OFFENCE : 26-07-2021

PLACE OF OFFENCE : Complainant Bank I.e.,

State Bank of India,
Vaideh Nagar Branch, Hyderabad.

JURISDICTION OF P.S. : P.S. Vanastalipuram

CHEQUE DISHONOURED ON : 07/06/2021

NOTICE ISSUED ON : 24/6/2021

NOTICE DELIVERED : 25/06/2021

LIST OF WITNESSES : 1. The Complainant.

2.The Bank Manager,

State Bank of India,
Vaideh Nagar Branch, Hyderabad

3. The Bank Manager,

Bank of Maharastra,
ATPAR Branch
Kothapet

LIST OF DOCUMENTS : As per the list enclosed.

THE BRIEF FACTS OF THE CASE:

1 It is respectfully submitted that the complainant is an house wife and

know to the accused for the past 4 to 5 years and due to the said

acquaintance the accused gained the faith and Confidence. The

accused taken friendly loan from the complainant amounting to

Rs.15,00,000/- (Rupees Fifteen Lakhs only) by way of two separate

cheques (i) Cheque No.222781 dated.3.11.2018 drawn on State Bank

of India Bank Vanasthalipuram for Rs.14,00,000/- and (ii) Cheque

No 009391 dated drawn on ICICI Bank Vanasthalipuram Bank for

Rs.1,00,000/- and both the cheques have been credited to Accused

bank account maintained by the Accused. The Accused promised

that the friendly loan amount will refund within 2 to 3 months.

2 It is further submitted that, In spite of several demands and

follow up of the complainant for the return /repayment of friendly

loan; the accused went on postponing the same on one pretext or the

other. Finally after repeated demands made by the complainant the

accused agreed to pay total amount of Rs. 15, 00,000/- thorough

Cheques and the same will be honored.

3. It is respectfully submitted that Accused has issued Three cheques

in Complainant name drawn on Bank of Maharashtra - ATPAR

Branch, Kothapet Three cheques and the details are as follows

2|Page
 Three Cheques details issued by Accused

It is respectfully submitted that Accused has issued Three cheques

i). Rs. 5,00,000/- Cheque No. 068715 dated 10/04/2021 Bank of

Maharashtra - ATPAR Branch, Kothapet ii). Rs.5,00,000/- Cheque

No. 068716 dated 25/04/2021 Bank of Maharashtra - ATPAR Branch,

Kothapet iii) Rs.5,00,000/- Cheque No. 068717 dated 10/05/2021

Bank of Maharashtra - ATPAR Branch, Kothapet aggregating to Rs.

15,00,000/- (Rupees fifteen lakhs only) all drawn on Bank of

Maharashtra - ATPAR Branch, Kothapet; in order to discharge/pay

the friendly loan. At the time of issuing the cheques has assured me

that the cheques will be honored as and when presented.

4. It is further submitted that, on 05.06.2021 after intimating the

accused , the complainant presented the said cheques Three cheques

( i). Rs. 5,00,000/- Cheque No. 068715 dated 10/04/2021(ii).

Rs.5,00,000/- Cheque No. 068716 dated 25/04/2021 iii) Rs.5,00,000/-

Cheque No. 068717 dated 10/05/2021 aggregating to Rs. 15,00,000/-

(Rupees fifteen lakhs only) all drawn on Bank of Maharashtra -

ATPAR Branch, Kothapet; in his bank i.e. State Bank of India ,

Vaidehi nagar branch for encashment and on 08.06.2021 the same

was returned with an endorsement “Funds Insufficient”.

3|Page
 It is respectfully submitted that Immediately the complainant

informed the accused about the dishonor of the cheques and I waited

till fifteen days (15) days after which a legal Notice sent through my

Counsel was issued demanding the return of notice; for the reasons

best on own to the Accused he choose not to reply the legal Notice.

4 It is further submitted that, the complainant given a written

complaint to Station House officer Vanastalipuram police station as

on 14.07.2021 and acknowledge complaint vide i.e.,

RCK/VPRM_RCHKD/140721/00902 the police so far did not took

any action against Accused .

5 It is submitted that the police so far did not take any action against

accused. My personal follow up with the SHO, Vanastahalipuram

about the action taken on my written complaint , the police informed

me that , the complaint made by me being civil in nature no action is

initiated and suggested to approach competent court of law.

6 It is further submitted, the accused issued the said cheque towards

legal enforceable debt. At the time of handing over the cheques the

accused assured the complainant that the said cheque definitely be

honored on its presentation. Believing the accused representation the

complainant accepted the said cheque. The accused with a dishonest

intention to evade payment to the complainant issued the said cheque

and thereafter failed to maintain sufficient balance in his account.

The Accused is therefore, guilty of commission of an offence under

Sections 138 of the Negotiable Instruments Act.

4|Page
7 It is submitted that, the complainant got issued the legal notice dated
24-06-2021 to the accused through registered post with
acknowledgement to address of the accused and the accused received
one notice on 25.06.2021. The accused even after receipt of the
notice failed to pay the amount within the statutory period mentioned
in the legal notice Thus the accused committed the offence under
section 138 of N.I. Act.

8 It is further submitted that the Complainant states that

aforementioned cheque was issued by accused with ulterior motives
and malafide intention of duping the Complainant and the accused
was fully aware of the fact that there are no funds in his account at the
time of issuing the said cheque and the same will be returned. As
such the accused has committed an offence punishable under Section
138 of Negotiable Instruments Act. The Accused failed to make
the payment of the sum claimed under the notice, and is guilty of the
commission of an offence under Section 138 of the Negotiable
Instruments Act.

9 The cause of action:

The cause of action for this complaint arose on 10-04-2021,

25.04.2021 and 10.05.2021 when the accused was issued by the
accused, On 10-04-2021, 25.04.2021 and 10.05.2021 when the
cheque was returned, On 07-06-2021, when the notice is issued to
the accused On 24-06-2021 when the notice is served on the accused
and failed to make payment in spite of passing over 15 days and as
such the cause of action for filing this complaint arose on 26-07-2021

5|Page
10 Jurisdiction:

This Hon’ble court has got jurisdiction to entertain the complaint, since the
cheque issued by the accused is drawn on Bank of Maharashtra - ATPAR
Branch, Kothapet and said cheque was presented by the complainant to his
bank State Bank of India, Vaideh Nagar Branch, Vanasthalipuram
Hyderabad. And the same was bounced at the above bank of complainant
and Said Bank is within the limits of PS. Vanasthalipuram which falls
within the territorial jurisdiction of this Hon’ble Court.

Therefore, it is prayed that this Hon’ble Court may be pleased to

take cognizance of the offence U/Sec.138 of N.I, Act, summon the accused
and punish him according to law and also award compensation double of the
cheque amount of Rs.15,00,000/- in favour of the complainant, and pass
such other order or orders, in the interest of Justice.

13 Limitation:-

The Complaint is filed within time as the Legal Notice was got issued
by the Complainant on 24-06-2021 and the same was received by the
accused on 25-06-2021 and the cause of action for filing the
complaint arose on i.e., The Notice Period is 15 days i.e., 25.06.2021
to 09.07.2021, and Expecting reply period is 15 days 09-07-2021 to
24.07.2021, for filing the case in Hon’ble court is from 25.07.2021 to
9.08.2021 hence within the Limitation. As such the complaint is well
within the period of limitation.

14 Declaration :

The complainant declares that he has not filed any case before any
court in respect of the present cheque nor any case is pending in
respect of the same relief.

6|Page
 PRAYER
Therefore the Complainant most humbly pray that this
Hon’ble court may be pleased to take the cognizance of the
offence Under Section 138 of N.I. Act r/w Sec 420 IPC committed by
the accused, issue summons, try the case and punish the accused as per
Law and award compensation to the complainant as envisaged under
Section 357 of CrPc towards compensation and pass such other
order or further orders as deems fit and proper in the
circumstances of the case and in the interest of justice.

Place : Hyderabad.
Date . 08. 2021
COMPLAINANT

COUNSEL FOR COMPLAINANT

LIST OF DOCUMENTS
SL DATE PARTICULARS OF DOCUMENTS
No.

1. 3.11.2018 Cheque bearing No. 222781 for Rs

14,00,000/- drawn on State Bank of
India Vanastaplipuram Branch.
2. 3.11.2018 Cheque bearing No. 009391 for Rs.
1,00,0000/- drawn on ICICI Bank,
Vanastaplipuram Branch.

3. 3.11.2018 Cheque bearing No. 222781 for Rs

14,00,000/- drawn on State Bank of
India Vanastaplipuram Branch , the
Cheque Cleared statement from SBI
Vanastalipuram branch dated 3 Nov
2018 to 1 Dec 2018.

7|Page
 4. 3.11.2018 Cheque bearing No. 009391 for Rs.
1,00,0000/- drawn on ICICI Bank,
Vanastaplipuram Branch. The Cheque
Cleared statement from ICICI
vanastalipuram Branch dated
30.112018 .

5 10.04.2021 Rs. 5,00,000/- Cheque No. 068715

dated 10/04/2021 drawn on Bank of
Maharashtra - ATPAR Branch,
6 25.04.2021 Rs.5,00,000/- Cheque No. 068716
dated 25/04/2021 drawn on Bank of
Maharashtra - ATPAR Branch
7 10.05.2021 Rs.5,00,000/- Cheque No. 068717
dated 10/05/2021 drawn on Bank of
Maharashtra - ATPAR Branch
8 07.06.2021 Rs. 5,00,000/- Cheque No. 068715
dated 10/04/2021 drawn on Bank of
Maharashtra - ATPAR Branch cheque
Return with the Reason “Funds
Insufficient” as on 07.06.2021
9 07.06.2021 Rs. 5,00,000/- Cheque No. 068716
dated 10/04/2021 drawn on Bank of
Maharashtra - ATPAR Branch cheque
Return with the Reason “Funds
Insufficient” as on 07.06.2021
10 07.06.2021 Rs. 5,00,000/- Cheque No. 068717
dated 10/04/2021 drawn on Bank of
Maharashtra - ATPAR Branch cheque
Return with the Reason “Funds
Insufficient” as on 07.06.2021
11 24.06.2021 Legal Notice sent through Registered
Post with acknowledgement due
12 24.06.2021 Postal acknowledgement

8|Page
 13 25.06.2021 Postal acknowledgement Track Report
Statement of account of the
complainant bank account
14 14.07.2021 Complaint to SHO Vanasthalipuram

15 14.07.2021 Acknowledgement
SHO Vanasthalipuram

Place : Hyderabad
Date : -0 -2021

COMPLAINANT

VERIFICATION

I, M/s. Sarada Devi, W/o. Sri. K.Venkateshwara Rao, Age: 65 years,

Occupation: House wife, R/o. H.No.6-3-917/5,Satya Sagar Colony ,
Vanasthalipuram, Hyderabad 500070 the above named complainant do
hereby declare that the facts stated in the above paras 1 to 14 are true and
correct to the best of my knowledge, belief, information and advise. Hence,
verified on this the day of August , 2021 at Hyderabad.

Place : Hyderabad
Date : 0 -0-2021

COMPLAINANT

COUNSEL FOR COMPLAINANT

IN THE COURT OF THE HON’BLE

9|Page
 XXIV METROPOLITIAN
MAGISTRATE, HAYATHNAGAR
AT CYBERABAD

C.C.NO. OF 2021

Between:

M/s. Sarada Devi

……Complainant

AND

Mr. T.Narasimha Rao

…… Accused

COMPLAINT FILED UNDER

SECTION 200 OF Cr.P.C

Filed on: -08 -2021

Filed by: Counsel for the complainant

ADDRESS FOR SERVICE:

M/s B.NACHIKETH
B.Com LL.B
Advocate TS/1755/2006
Office: Flat no. A-4,
Raghavendra Krupa apartmetnts,
Domalguda, Hyd-29,
Cell No. 9703500856

10 | P a g e
 FORM NO.7
LIST OF DOCUMENT (Rule 9,10 and 62)
(Under Order VII Rule 14 or Order XIII R.1 of CPC)
IN THE COURT OF THE HON’BLE XXIV
METROPOLITAN MAGISTRATE,:CYBERABAD
AT: HAYATHNAGAR
CC. No: OF 2021
Between:
M/s. Sarada Devi
……Complainant
AND
Mr. T.Narasimha Rao
…… Accused
LIST OF DOCUMENTS FILED BY THE COMPLAINANT

SL DATE PARTICULARS OF DOCUMENTS

No.

1. 3.11.2018 Cheque bearing No. 222781 for Rs

14,00,000/- drawn on State Bank of
India Vanastaplipuram Branch.
2. 3.11.2018 Cheque bearing No. 009391 for Rs.
1,00,0000/- drawn on ICICI Bank,
Vanastaplipuram Branch.

3. 3.11.2018 Cheque bearing No. 222781 for Rs

14,00,000/- drawn on State Bank of
India Vanastaplipuram Branch , the
Cheque Cleared statement from SBI
Vanastalipuram branch dated 3 Nov
2018 to 1 Dec 2018.

4. 3.11.2018 Cheque bearing No. 009391 for Rs.

1,00,0000/- drawn on ICICI Bank,
Vanastaplipuram Branch. The
Cheque Cleared statement from ICICI
vanastalipuram Branch dated
30.112018 .

5 10.04.2021 Rs. 5,00,000/- Cheque No. 068715

dated 10/04/2021 drawn on Bank
of Maharashtra - ATPAR Branch,

11 | P a g e
 6 25.04.2021 Rs.5,00,000/- Cheque No. 068716
dated 25/04/2021 drawn on Bank of
Maharashtra - ATPAR Branch
7 10.05.2021 Rs.5,00,000/- Cheque No. 068717
dated 10/05/2021 drawn on Bank of
Maharashtra - ATPAR Branch
8 07.06.2021 Rs. 5,00,000/- Cheque No. 068715
dated 10/04/2021 drawn on Bank
of Maharashtra - ATPAR Branch
cheque Return with the Reason
“Funds Insufficient” as on
07.06.2021
9 07.06.2021 Rs. 5,00,000/- Cheque No. 068716
dated 10/04/2021 drawn on Bank
of Maharashtra - ATPAR Branch
cheque Return with the Reason
“Funds Insufficient” as on
07.06.2021
10 07.06.2021 Rs. 5,00,000/- Cheque No. 068717
dated 10/04/2021 drawn on Bank
of Maharashtra - ATPAR Branch
cheque Return with the Reason
“Funds Insufficient” as on
07.06.2021
11 24.06.2021 Legal Notice sent through Registered
Post with acknowledgement due
12 24.06.2021 Postal acknowledgement

13 25.06.2021 Postal acknowledgement Track

Report Statement of account of the
complainant bank account
14 14.07.2021 Complaint to SHO Vanasthalipuram

15 14.07.2021 Acknowledgement
SHO Vanasthalipuram

Date :
Place: Hyderabad. COUNSEL FOR COMPLAINANT

12 | P a g e
 IN THE COURT OF THE HON’BLE
XXIV METROPOLITIAN
MAGISTRATE, HAYATHNAGAR
AT CYBERABAD

C.C.NO. OF 2021

Between:

M/s. Sarada Devi

……Complainant

AND

Mr. T.Narasimha Rao

…… Accused

LIST OF DOCUMENTS FILED BY

THE COMPLAINANT

Filed on: - 0 -2021

Filed by: Counsel for the complainant

ADDRESS FOR SERVICE:

M/s B.NACHIKETH
B.Com LL.B
Advocate TS/1755/2006
Office: Flat no. A-4,
Raghavendra Krupa apartmetnts,
Domalguda, Hyd-29,
Cell No. 9703500856

13 | P a g e
 IN THE COURT OF THE HON’BLE XXIV
METROPOLITAN MAGISTRATE,:CYBERABAD
AT: HAYATHNAGAR

CC. No: OF 2021

Between:

M/s. Sarada Devi

……Complainant
AND
Mr. T.Narasimha Rao

…… Accused

SWORN AFFIDAVIT

I, M/s. Sarada Devi, W/o. Sri. K.Venkateshwara Rao, Age: 65

years, Occupation: House wife, R/o. H.No.6-3-917/5,Satya Sagar Colony ,
Vanasthalipuram, Hyderabad 500070 do here by solemnly affirm on oath
and states as follows:

1. I am the deponent herein and the complainant in the above case and as
such I am well acquainted with facts of the case
2. It is respectfully submitted that the complainant is an house wife and

know to the accused for the past 4 to 5 years and due to the said

acquaintance the accused gained the faith and Confidence. The

accused taken friendly loan from the complainant amounting to

Rs.15,00,000/- (Rupees Fifteen Lakhs only). by way of two separate

cheques (i) Cheque No.222781 dated.3.11.2018 drawn on State Bank

of India Bank Vanasthalipuram for Rs.14,00,000/- and (ii) Cheque

No 009391 dated drawn on ICICI Bank Vanasthalipuram Bank for

Rs.1,00,000/- and both the cheques have been credited to Accused

14 | P a g e
 bank account maintained by the Accused. The Accused promised

that the friendly loan amount will refund within 2 to 3 months.

3. It is further submitted that , In spite of several demands and

follow up of the complainant for the return /repayment of friendly

loan; the accused went on postponing the same on one pretext or the

other. Finally after repeated demands made by the complainant the

accused agreed to pay total amount of Rs. 15, 00,000/- thorough

Cheques and the same will be honored. Accused has issued Three

cheques in Complainant name drawn on Bank of Maharashtra -

ATPAR Branch, Kothapet Three cheques i). Rs. 5,00,000/- Cheque

No. 068715 dated 10/04/2021 Bank of Maharashtra - ATPAR Branch,

Kothapet ii). Rs.5,00,000/- Cheque No. 068716 dated 25/04/2021

Bank of Maharashtra - ATPAR Branch, Kothapet iii) Rs.5,00,000/-

Cheque No. 068717 dated 10/05/2021 Bank of Maharashtra - ATPAR

Branch, Kothapet aggregating to Rs. 15,00,000/- (Rupees fifteen lakhs

only) all drawn on Bank of Maharashtra - ATPAR Branch, Kothapet;

in order to discharge/pay the friendly loan. At the time of issuing the

cheques has assured me that the cheques will be honored as and

when presented.

4 It is further submitted that, on 05.06.2021 after intimating the

accused , the complainant presented the said cheques Three cheques

( i). Rs. 5,00,000/- Cheque No. 068715 dated 10/04/2021(ii).

Rs.5,00,000/- Cheque No. 068716 dated 25/04/2021 iii) Rs.5,00,000/-

Cheque No. 068717 dated 10/05/2021 aggregating to Rs. 15,00,000/-

(Rupees fifteen lakhs only) all drawn on Bank of Maharashtra -

ATPAR Branch, Kothapet; in his bank i.e. State Bank of India ,

15 | P a g e
 Vaidehi nagar branch for encashment and on 08.06.2021 the same

was returned with an endorsement “Funds Insufficient”.

5. Immediately the complainant informed the accused about the dishonor

of the cheques and I waited till fifteen days (15) days after which a

legal Notice sent through my Counsel was issued demanding the

return of notice; for the reasons best nown to the Accused he choose

not to reply the legal Notice.

6. It is further submitted that, the complainant given a written

complaint to Station House officer Vanastalipuram police station as

on 14.07.2021 and acknowledge complaint vide i.e.,

RCK/VPRM_RCHKD/140721/00902 the police so far did not took

any action against Accused .

7. It is submitted that the police so far did not take any action against

accused. My personal follow up with the SHO, Vanastahalipuram

about the action taken on my written complaint , the police informed

me that , the complaint made by me being civil in nature no action is

initiated and suggested to approach competent court of law.

8. It is further submitted, the accused issued the said cheque towards

legal enforceable debt. At the time of handing over the cheques the

accused assured the complainant that the said cheque definitely be

honored on its presentation. Believing the accused representation the

complainant accepted the said cheque. The accused with a dishonest

intention to evade payment to the complainant issued the said cheque

and thereafter failed to maintain sufficient balance in his account.

16 | P a g e
 The Accused is therefore, guilty of commission of an offence under

Sections 138 of the Negotiable Instruments Act.

9. I submit that the complainant got issued the legal notice dated 24-
06-2021 to the accused through registered post with acknowledgement
to address of the accused and the accused received one notice on
25.06.2021. The accused even after receipt of the notice fialed to pay
the amount within the statutory period mentioned in the legal notice
Thus the accused committed the offence under section 138 of N.I.
Act.

10. I pray that this hon’ble court may be pleased to take cognizance of
the case , summon the accused , try the case and punish the accused
according to law and award compensation to me as envisaged under
sec 357 of cr.p.c. in the interest of justice.
Deponent

Sworn and signed before me on this

the day of August, 2021at Hyderabad
At Hyderabad. Identified by Sri. Keshava Krishna Madasu, Advocate

Advocate/Hyderabad

17 | P a g e
 IN THE COURT OF THE HON’BLE
XXIV METROPOLITIAN
MAGISTRATE, HAYATHNAGAR
AT CYBERABAD

C.C.NO. OF 2021

Between:

M/s. Sarada Devi

……Complainant

AND

Mr. T.Narasimha Rao

…… Accused

SWORN AFFIDAVIT

Filed on: -0 -2021

Filed by: Counsel for the complainant

ADDRESS FOR SERVICE:

M/s B.NACHIKETH
B.Com LL.B
Advocate TS/1755/2006
Office: Flat no. A-4,
Raghavendra Krupa apartmetnts,
Domalguda, Hyd-29,

18 | P a g e
 Cell No. 9703500856

IN THE COURT OF THE HON’BLE XXIV

METROPOLITAN MAGISTRATE,:CYBERABAD
AT: HAYATHNAGAR
CC. No: OF 2021

Between:
M/s. Sarada Devi
……Complainant
AND
Mr. T.Narasimha Rao

…… Accused

SWORN STATEMENT
I, M/s. Sarada Devi, W/o. Sri. K.Venkateshwara Rao, Age: 65
years, Occupation: House wife, R/o. H.No.6-3-917/5,Satya Sagar Colony ,
Vanasthalipuram, Hyderabad 500070 do here by solemnly affirm on oath
and states as follows:

1. I am the deponent herein and the complainant in the above case

and as such I am well acquainted with facts of the case

2. It is respectfully submitted that the complainant is an house wife

and know to the accused for the past 4 to 5 years and due to the

said acquaintance the accused gained the faith and Confidence.

The accused taken friendly loan from the complainant amounting

to Rs.15,00,000/- (Rupees Fifteen Lakhs only). by way of two

separate cheques (i) Cheque No.222781 dated.3.11.2018 drawn on

State Bank of India Bank Vanasthalipuram for Rs.14,00,000/- and

(ii) Cheque No 009391 dated drawn on ICICI Bank

Vanasthalipuram Bank for Rs.1,00,000/- and both the cheques

19 | P a g e
 have been credited to Accused bank account maintained by the

Accused. The Accused promised that the friendly loan amount will

refund within 2 to 3 months.

3. It is further submitted that , In spite of several demands and

follow up of the complainant for the return /repayment of friendly

loan; the accused went on postponing the same on one pretext or

the other. Finally after repeated demands made by the complainant

the accused agreed to pay total amount of Rs. 15, 00,000/-

thorough Cheques and the same will be honored. Accused has

issued Three cheques in Complainant name drawn on Bank of

Maharashtra - ATPAR Branch, Kothapet Three cheques i). Rs.

5,00,000/- Cheque No. 068715 dated 10/04/2021 Bank of

Maharashtra - ATPAR Branch, Kothapet ii). Rs.5,00,000/- Cheque

No. 068716 dated 25/04/2021 Bank of Maharashtra - ATPAR

Branch, Kothapet iii) Rs.5,00,000/- Cheque No. 068717 dated

10/05/2021 Bank of Maharashtra - ATPAR Branch, Kothapet

aggregating to Rs. 15,00,000/- (Rupees fifteen lakhs only) all

drawn on Bank of Maharashtra - ATPAR Branch, Kothapet; in

order to discharge/pay the friendly loan. At the time of issuing the

cheques has assured me that the cheques will be honored as and

when presented.

4 It is further submitted that, on 05.06.2021 after intimating the

accused , the complainant presented the said cheques Three cheques

( i). Rs. 5,00,000/- Cheque No. 068715 dated 10/04/2021(ii).

Rs.5,00,000/- Cheque No. 068716 dated 25/04/2021 iii) Rs.5,00,000/-

Cheque No. 068717 dated 10/05/2021 aggregating to Rs. 15,00,000/-

20 | P a g e
 (Rupees fifteen lakhs only) all drawn on Bank of Maharashtra -

ATPAR Branch, Kothapet; in his bank i.e. State Bank of India ,

Vaidehi nagar branch for encashment and on 08.06.2021 the same

was returned with an endorsement “Funds Insufficient”.

5 Immediately the complainant informed the accused about the

dishonor of the cheques and I waited till fifteen days (15) days

after which a legal Notice sent through my Counsel was issued

demanding the return of notice; for the reasons best onown to

the Accused he choose not to reply the legal Notice.

6 It is further submitted that, the complainant given a

written complaint to Station House officer Vanastalipuram

police station as on 14.07.2021 and acknowledge complaint

vide i.e., RCK/VPRM_RCHKD/140721/00902 the police so

far did not took any action against Accused .

7 It is submitted that the police so far did not take any action

against accused. My personal follow up with the SHO,

Vanastahalipuram about the action taken on my written

complaint , the police informed me that , the complaint made by

me being civil in nature no action is initiated and suggested to

approach competent court of law.

8 It is further submitted, the accused issued the said cheque

towards legal enforceable debt. At the time of handing over the

cheques the accused assured the complainant that the said

cheque definitely be honored on its presentation. Believing the

21 | P a g e
 accused representation the complainant accepted the said

cheque.

9 The accused with a dishonest intention to evade payment to the

complainant issued the said cheque and thereafter failed to

maintain sufficient balance in his account. The Accused is

therefore, guilty of commission of an offence under Sections

138 of the Negotiable Instruments Act.

10 I submit that the complainant got issued the legal notice dated
24-06-2021 to the accused through registered post with
acknowledgement to address of the accused and the accused
received one notice on 25.06.2021. The accused even after
receipt of the notice fialed to pay the amount within the
statutory period mentioned in the legal notice Thus the accused
committed the offence under section 138 of N.I. Act.

11 I pray that this hon’ble court may be pleased to take

cognizance of the case , summon the accused , try the case and
punish the accused according to law and award compensation
to me as envisaged under sec 357 of cr.p.c. in the interest of
justice.

Place : Hyderabad,
Dated:
COMPLAINANT

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 IN THE COURT OF THE HON’BLE
XXIV METROPOLITIAN
MAGISTRATE, HAYATHNAGAR
AT CYBERABAD

C.C.NO. OF 2021

Between:

M/s. Sarada Devi

……Complainant

AND

Mr. T.Narasimha Rao

…… Accused

SWORN STATEMENT

Filed on: -0 -2021

Filed by: Counsel for the complainant

ADDRESS FOR SERVICE:

M/s B.NACHIKETH

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 B.Com LL.B
Advocate TS/1755/2006
Office: Flat no. A-4,
Raghavendra Krupa apartmetnts,
Domalguda, Hyd-29,
Cell No. 9703500856
IN THE COURT OF THE HON’BLE XXIV
METROPOLITAN MAGISTRATE,:CYBERABAD
AT: HAYATHNAGAR
CC. No: OF 2021

Between:

M/s. Sarada Devi

……Complainant
AND
Mr. T.Narasimha Rao

…… Accused
VERIFICATION AFFIDAVIT FILED BY THE COMPLAINANT
I, M/s. Sarada Devi, W/o. Sri. K.Venkateshwara Rao, Age: 65
years, Occupation: House wife, R/o. H.No.6-3-917/5,Satya Sagar Colony ,
Vanasthalipuram, Hyderabad 500070 do here by solemnly affirm on oath
and states as follows:

1. I submit that I am the Complainant in the above mentioned complaint

and as such well acquainted with the facts of the case and able to
depose hereunder.

2. I submit that I have filed the above complaint for the offence under
Section 138 of Negotiable Instruments Act. There is no other case,
proceedings filed against the accused in respect of the subject matter
in any court of law or in any other forum. The contents of the
complaint may be read as part and parcel of this affidavit.
It is therefore prayed that this Hon’ble Court may be pleased to punish
the accused and award compensation to me in the interest of justice.

Hence this Affidavit.

Deponent

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Sworn and signed before me on this
the day of August, 2021at Hyderabad
At Hyderabad. Identified by Sri. Keshava Krishna Madasu, Advocate

ADVOCATE/ HYDERABAD

IN THE COURT OF THE HON’BLE

XXIV METROPOLITIAN
MAGISTRATE,HAYATHNAGAR,
AT CYBERABAD

C.C.NO. OF 2021

Between:

M/s. Sarada Devi

……Complainant

AND

Mr. T.Narasimha Rao

…… Accused

VERIFICATION AFFIDAVIT
FILED BY THE COMPLAINANT

Filed on: - -2021

Filed by: Counsel for the complainant

ADDRESS FOR SERVICE:

M/s B.NACHIKETH
B.Com LL.B

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 Advocate TS/1755/2006
Office: Flat no. A-4,
Raghavendra Krupa apartmetnts,
Domalguda, Hyd-29,
Cell No. 9703500856

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