NI ACT COMPLAINT META DATA

(To be filled by the complainant)

A. Particulars of The complainant:

1. Name: SH. SAHI RAM YADAV

2. Gender (Male/Female/Others/Legal Entity): MALE

3. Age:

4. Parentage: LATE SH. MOTI RAM

5. In case, complaint is filed through other person -

Name of Authorized Representative/ Power of
Attorney Holder:

6. Address: JT1, 402, TOWER B3, TULIP PURPLE,

GURGAON, SECTOR-69, GURGAON,
H.R.-122018

7. Mobile No: -

8. Email Id: -

9. Status of The complainant, if other than

individual (Company/Firm/other)

details of Documents filed (Company Master

Data, Form 32 for Directors, Partnership Deed,
any other):

10. Details of the advocate of the complainant: JITENDRA KUMAR TIWARI &
ASSOCIATES
(Name, enrolment NO., Mobile no., email id):
SEAT NO. 28, HALL NO. 1, 1ST FLOOR
LAWYERS CHAMBER BLOCKS,
DWARKA DISTT. COURT COMPLEX,
SEC. 10, DWARKA, NEW DELHI-110075

MOB. 8368515590 & 9268740063

11. Name of The complainant’s Bank where cheque is ICICI BANK LTD, SHOP NO 2 & 3
presented: BESTECH BUSINESS TOWER, SOHNA
ROAD, SECTOR-48, GURUGRAM-122018

i. Address of the Bank Branch:

ii. IFSC Code: NA

B. Details of Accused (Add additional templates as per need):

1. Name: SH. MUKESH RAJPUT

2. Gender (Male/Female/Others): MALE

3. Age:

4. Parentage:

5. Address: KUTINA VILLAGE, NIMRANA TEHSIL,

ALWAR DISTRICT, RAJASTHAN 301708
6. Mobile No: 7427844041 & 7357504041

7. Email Id:

C. Details of financial liability (Loan, sale of goods/services, lease/license & others):

1. Nature of liability for which cheque was received: LOAN

2. In cases of friendly loan, provide the following NA

particulars:

i. Date when the borrower approached the NA

complainant for loan:

ii. Date when the loan was advanced: NA

iii. Place at which the loan was advanced: NA

iv. Persons in whose presence the loan was NA

advanced:

v. Mode of advancement of loan (cash/ NA

cheque/ Bank transaction/others):

D. Particulars of Cheque (Add additional templates as per need):

1. Cheque Number: 000012

2. Date on the cheque: 07.10.2023

3. Amount (in figure) on the cheque: RS. 3,00,000/-

4. Amount (in words) on the cheque:

5. Date when the complainant received the cheque

from accused:

6. Name of the Bank on which the dishonored HDFC BANK, G-47 NEEMRANA
 cheque is drawn: INDUSTRIAL AREA NEAR POLICE
STATION, DIST-ALWAR, NEEMRANA,
RAJASTHAN-301705

i. Address of the Bank Branch:

ii. IFSC Code:

7. Date when the cheque was presented to the Bank lastly:

8. Number of times these cheque was presented:

9. Date on Cheque Return Memos: 26.10.2023 & 8.12.2023

10. Date when information about dishonor was

received by the complainant:

11. Reason(s) for dishonor of cheque: FUNDS INSUFFICIENT

E. Particulars of Legal Demand Notice:

1. Date on Legal Demand Notice: 04.01.2024

2. Date when the Legal Demand Notice was 05.01.2024

dispatched:

3. Mode of dispatch of Legal Demand Notice BY INDIAN POSTAL SERVICE

(Physical/Electronic)

[personal, Speed post, Regd. Post, Courier, E-mail,

others]:

4. Whether the complainant relies on presumption of

law for service:

5. If not, the actual date of service of Legal Demand

Notice:

6. Whether reply to Legal Demand Notice was

received:

7. If Yes, provide the date of receiving of reply:

F. Additional particulars of criminal complaint:

1. Date when the 15 days from service of Legal

Demand Notice was complete:

2. Date of accrual of cause of action:

3. Date when the limitation of one month expires:

4. Whether the complaint is filed within limitation: YES

5. If No, whether the complainant is filing

condonation application:

G. Other Details:

1. Name of PS within which the offence is committed:

2. Whether any other case filed/pending with respect

to the transaction in question/cheque:

3. If Yes, the details thereof (CNR Number be

mentioned):

4. Whether you want the remittance/payment by the

accused in the

aforementioned account of yours as mentioned

above (Yes/No):

5. If no, the No. of the account, Name of the Bank,

Address of the Branch, IFSC Code of the branch
in which you want the remittance/payment:

6. Court fee paid: YES

7. Mode of payment of such court fee: STAMP

I. Recourse to ADR:

1. The complainant willing to settle by Mediation/

Lok Adalat:

BEFORE THE COURT OF ILLAQUA/ DUTY MAGISTRATE, GURUGRAM

DISTIRCT COURT AT HARYANA
In the matter of: -

SH. SAHI RAM YADAV …………Complainant

Versus

SH. MUKESH RAJPUT …………… Accused

P.S. GURUGRAM

UNDERTAKING

I JITENDRA KUMAR TIWARI, DO HEREBY UNDERTAKE THAT: -

1. That the original complaint petition is printed on A4 size paper sheet and same is scanned for
e-filing pdf.

Through:

JITENDRA KUMAR TIWARI & ASSOCIATES

SEAT NO. 28, HALL NO. 1, 1ST FLOOR LAWYERS
CHAMBER BLOCKS, DWARKA DISTT. COURT
COMPLEX, SEC. 10, DWARKA, NEW DELHI-
110075 MOB. 9268740063

CHECK LIST
1 Nature of Suit The complainant u/s 138 of N.I. Act.

2 Name and address of the complainant SH. SAHI RAM YADAV

ADD- JT1, 402, TOWER B3, TULIP

PURPLE, GURGAON, SECTOR-69,
GURGAON, H.R.-122018

3 Name & address of accused (s) SH. MUKESH RAJPUT

ADD- KUTINA VILLAGE, NIMRANA

TEHSIL, ALWAR DISTRICT,
RAJASTHAN 301708

4 Name of Police Station GURUGRAM

5 Total Cheque amount RS. 3,00,000/-

6 Details regarding any other cases U/S 138 of N.I. N.A.

Act, pending against same accused. (S) :

(a) Name of the court (S) where related case is N.A.

pending

(b) Complaint case number N.A.

(c) Next date of hearing before other courts N.A.

7 Any other information with date and other N.A.

particulars

LIST OF COMPLIANCE OF STATUTORY FORMALITIES

Sr. No Requirements Statutory Provisions Compliance

01. Cheque Definitions U/s 6 of Cheque No. 000012

Negotiable
instrument Act Amount. RS. 3,00,000/-

Bouncing Memo date 26.10.2023 & 8.12.2023

02. Drawer Cheque Maker’s name

MUKESH RAJPUT

03. Payee SH. SAHI RAM YADAV

04. Evidence of Return Memos. Dt. 26.10.2023 & 8.12.2023

dishonour of bearing official mark / stamp
electonic funds

05. Legal notice of Legal notice date: 04.01.2024

dishonour and
of demand to Dispatched on 05.01.2024
make payment.
06. Expiry of
15days period
to make
payment

07. Filing of Complaint filed on Dt.

complaint

COMPLAINANT

Through:
JITENDRA KUMAR TIWARI & ASSOCIATES,
SEAT NO. 28, HALL NO. 1, 1ST FLOOR LAWYERS
CHAMBER BLOCKS, DWARKA DISTT. COURT
COMPLEX, SEC. 10, DWARKA, NEW DELHI-110075
MOB. 9268740063

BEFORE THE COURT OF ILLAQUA/ DUTY MAGISTRATE, GURUGRAM

DISTIRCT COURT AT HARYANA
In the matter of: -

SH. SAHI RAM YADAV …………Complainant

Versus

SH. MUKESH RAJPUT …………… Accused

P.S. GURUGRAM

S.NO. INDEX PG. NO. COURT FEES

1. MEMO OF PARTIES
2. COMPLAINT U/S 138 N.I ACT
3. LIST OF WITNESSES
4. AFFIDAVIT OF EVIDENCE
APPLICATION U/S. 143A OF N.I. ACT, 1881 FOR
INTERIM COMPENSATION ALONGWITH
5. SUPPORTING AFFIDAVIT
6. COPY OF THE COMPLAINANT’S AADHAR CARD
7. CHEQUE IN ORIGINAL
8. ORIGINAL BANK RETURN MEMOS
9. LEGAL NOTICE WITH POSTAL RECEIPTS
POSTAL TRACKING REPORTS, RETURN
ENVOLOPES AND CERTIFICATE U/S 65B OF
10. INDIAN EVIDENCE ACT
11. VAKALATNAMA

Complainant

PLACE: GURUGRAM Through

DATE: Counsel

BEFORE THE COURT OF ILLAQUA/ DUTY MAGISTRATE, GURUGRAM

DISTIRCT COURT AT HARYANA
In the matter of: -

SH. SAHI RAM YADAV …………Complainant

Versus

SH. MUKESH RAJPUT …………… Accused

P.S. GURUGRAM

MEMO OF THE PARTIES

SH. SAHI RAM YADAV …………Complainant

S/O LATE SH. MOTI RAM
R/OJT1, 402, TOWER B3,
TULIP PURPLE, GURGAON, SECTOR-69,
GURGAON, H.R.-122018

VERSUS

SH. MUKESH RAJPUT

S/O SH. RAM SINGH
R/O KUTINA VILLAGE, NIMRANA
TEHSIL, ALWAR DISTRICT,
RAJASTHAN 301708

MOB. 7427844041 & 7357504041 …Accused

PLACE: GURUGRAM

DATE: COMPLAINANT

THROUGH
COUNSEL

JITENDRA KUMAR TIWARI & ASSOCIATES

SEAT NO. 28, HALL NO. 1, 1ST FLOOR
LAWYERS CHAMBER BLOCKS, DWARKA
DISTT. COURT COMPLEX, SEC. 10, DWARKA,
NEW DELHI-110075 MOB. 9268740063
BEFORE THE COURT OF ILLAQUA/ DUTY MAGISTRATE, GURUGRAM
DISTIRCT COURT AT HARYANA

In the matter of: -

SH. SAHI RAM YADAV …………Complainant

S/O LATE SH. MOTI RAM
R/OJT1, 402, TOWER B3,
TULIP PURPLE, GURGAON, SECTOR-69,
GURGAON, H.R.-122018

VERSUS

SH. MUKESH RAJPUT

S/O SH. RAM SINGH
R/O KUTINA VILLAGE, NIMRANA
TEHSIL, ALWAR DISTRICT,
RAJASTHAN 301708

MOB. 7427844041 & 7357504041 …Accused

P.S. GURUGRAM

Subject: - Criminal Complaint under sec. 138 read with sec. 142 of
Negotiable Instrument Act.

Most respectfully submits: -

1. That the complainant is a law-abiding citizen and having a good
reputation in the society. COPY OF THE COMPLAINANT’S
AADHAR CARD IS ANNEXED HEREWITH AS ANNEXURE
“A”.
2. That the complainant is known to the accused from 4 years and a
friendly relation has been developed between accused and the
complainant.
3. That the complainant and the accused having good friendly relations
and in the month of January 2023, the accused told to the complainant
that the accused had loss in business and therefore the accused had
approached the complainant for availing a loan of Rs. 3,00,000/- but
the complainant initially refused to make the payment to the accused,
but on repeated requests made by the accused and in view of past
relation of you with the complainant, the complainant had agreed to
make payment of Rs.3,00,000/- to the accused.

4. That the accused had taken the loan amount of Rs.3,00,000/- from the
complainant and the accused had also handed over a cheque in favor of
the complainant i.e. cheque bearing no. 000012 dated 07.10.2023,
for Rs. 3,00,000/- of HDFC BANK, G-47 NEEMRANA
INDUSTRIAL AREA NEAR POLICE STATION,DIST-ALWAR,
NEEMRANA, RAJASTHAN-301705 and the accused had assured
the complainant that the cheque shall be honoured at the time of its
presentation before the bank by the complainant. The Original Cheque
is annexed herewith as Annexure “B”.

5. That when the complainant had approached the accused for the
repayment of loan then the accused had sought some more time for the
repayment of the said loan amount.

6. That when the time sought by the accused got over the complainant
had again approached to the accused for repayment of the said loan,
then the accused had given direction/permission to deposit the cheque
which was already given by the accused in favor of the complainant
 towards the fulfillment of your legal liability to repayment of above
said loan amount.

7. That believing upon your assurance and upon the directions/permission

of the accused, the complainant had presented cheque bearing no.
000012 dated 07.10.2023, for Rs. 3,00,000/- of HDFC BANK, G-47
NEEMRANA INDUSTRIAL AREA NEAR POLICE
STATION,DIST-ALWAR, NEEMRANA, RAJASTHAN-301705
to his bank i.e. ICICI BANK LTD, SHOP NO 2 & 3 BESTECH
BUSINESS TOWER, SOHNA ROAD, SECTOR-48,
GURUGRAM-122018, but the complainant surprised and utter
shocked, the cheque in question got dishonoured with the remarks
“Funds insufficient” vide return memo dated 26.10.2023. The
Original Bank Return Memo is annexed herewith as Annexure “C”.

8. That the complainant had informed the accused about the dishonour of
the cheque in question then, accused sought more time for the
repayment of the loan amount from the complainant and in good faith
and trusting upon the accused the complainant had agreed upon the
same.

9. That when the time sought by the accused got over the complainant
had again approached for the repayment of the loan and the accused
had given direction to present the same cheque bearing no. 000012
dated 07.10.2023, for Rs. 3,00,000/- of HDFC BANK, G-47
NEEMRANA INDUSTRIAL AREA NEAR POLICE
STATION,DIST-ALWAR, NEEMRANA, RAJASTHAN-301705,
but the complainant surprised and was in a great shock, that the cheque
 in question got dishonoured again with remarks “Fund Insufficient”
vide return memo dated 8.12.2023. The Original Bank Return Memo is
annexed herewith as Annexure “D”.

10. That when the complainant tried to informed the accused about the dis-
honoured of the said cheque in question, the accused initially avoided
the complainant on some pretext to another and accused tried to evade
from his legal liabilities and after that accused did not respond properly
to the complainant and try to avoid the complainant on one reason or
the other which shows accused dishonest intention not to repay the
outstanding payment of his towards the complainant and it also
pertinent to mentioned here that the complainant, whenever contacted
the accused, the accused stopped paying any ears to the complainant’s
requests.

11. That after it the complainant was very surprised with the attitude of the
accused towards him and thus finally the complainant’s counsel had
sent a legal notice dated 04.01.2024 through registered/speed post on
05.01.2024 to the accused demanding the amount of the above said
cheque in question which was deem to be served on the accused person
in the ordinary course of service. Legal notice dated 04.01.2024, Postal
Receipt Dated 05.01.2024, Tracking Reports of Legal Notice’s Receipt
and Return Envelopes are annexed here as Annexure “E”, Annexure
“F”, Annexure “G” and Annexure “H” respectively.

12. That the accused, have intentionally and knowingly duped the
complainant by handing over the cheque, despite having knowledge
that the same will not be encashed upon its presentation.

13. That in the view of above said circumstances and contentions and
despite the service of legal notice on the accused, the accused had
 failed to make the payment of the cheque in question with in the period
of 15 days from the date of the receipt of legal notice hence the
accused have committed an offence under section 138 of Negotiable
Instruments Act and the punishment for the offence U/s 138 of
Negotiable Instrument Act is imprisonment for a term which may
extend to two years or with fine which may extend to twice the amount
of the cheque or with both.

14. That the dishonour of the cheque issued by the accused against the
discharge of his legal liabilities proves that the accused had issued the
cheque in question not only for defrauding the complainant but you
have also carried the malafide intention since the beginning of the
entire transaction with the complainant.

15. That the dishonour of the cheque in question as issued by the accused
to the complainant attracts the criminal liability u/s 138 of Negotiable
Instruments Act,1881 and Section 406, 420 of Indian Penal Code,
1860.

16. That the complainant’s Bank comes within the jurisdiction of this
Hon’ble Court where the cheque was presented and returned as
dishonored which gives the cause of action in favor of the complainant
and against the accused and the same arose within the jurisdiction of
this Hon’ble court thus this Hon’ble court have competent jurisdiction
to decide the complaint of the complainant.

17. That the present complaint is filed within the period of limitation as
provided under Negotiable Instrument act and the complainant to the
 best of his knowledge comply with all the provisions of the act before
filing the present case against the accused.

Prayer: - It is therefore most respectfully prayed to this Hon’ble Court

to

(i) Kindly consider the complaint of the complainant, summon the

accused, try him and punished him as per the provisions of
Negotiable Instrument act.

(ii) Any other order, which this Hon’ble court deems fit in present
circumstances, may also be passed in favor the complainant in
the interest and for the sake of justice.

Complainant
PLACE: GURUGRAM

DATE: Through:

JITENDRA KUMAR TIWARI & ASSOCIATES

SEAT NO. 28, HALL NO. 1, 1ST FLOOR LAWYERS
CHAMBER BLOCKS, DWARKA DISTT. COURT
COMPLEX, SEC. 10, DWARKA, NEW DELHI-
110075 MOB. 9268740063
BEFORE THE COURT OF ILLAQUA/ DUTY MAGISTRATE, GURUGRAM
DISTIRCT COURT AT HARYANA

In the matter of: -

SH. SAHI RAM YADAV …………COMPLAINANT

VERSUS
SH. MUKESH RAJPUT ………… ACCUSED

LIST OF WITNESSES

1. The complainant himself.

2. Record Clerk of accused bank i.e. HDFC BANK, G-47 NEEMRANA
INDUSTRIAL AREA NEAR POLICE STATION, DIST-ALWAR,
NEEMRANA, RAJASTHAN-301705, with the record of the bounced Cheque
bearing no. 000012, Dated 07.10.2023 for RS. 3,00,000/- of the accused.
3. Record Clerk of the complainant bank i.e. ICICI BANK LTD, SHOP NO 2
& 3 BESTECH BUSINESS TOWER, SOHNA ROAD, SECTOR-48,
GURUGRAM-122018 with the record of the bounced cheque bearing no.
000012, Dated 07.10.2023 of HDFC BANK, G-47 NEEMRANA
INDUSTRIAL AREA NEAR POLICE STATION, DIST-ALWAR,
NEEMRANA, RAJASTHAN-301705 for Rs. 3,00,000/- of the accused.
4. Record Clerk of Postal Dept. With the record of service of Legal Notice
Dt 04.01.2024.
5. Any other witness with the kind permission of this Hon’ble Court.

PLACE: GURUGRAM

DATE: Complainant
BEFORE THE COURT OF ILLAQUA/ DUTY MAGISTRATE, GURUGRAM
DISTIRCT COURT AT HARYANA

In the matter of: -

SH. SAHI RAM YADAV …………COMPLAINANT

VERSUS

SH. MUKESH RAJPUT ………… ACCUSED

EVIDENCE BY WAY OF AFFIDAVIT

I, SAHI RAM YADAV S/O LATE SH. MOTI RAM R/O JT1, 402, TOWER B3, TULIP
PURPLE, GURGAON, SECTOR-69, GURGAON, H.R.-122018, AGED ABOUT ____
YEARS DO HEREBY SOLEMNLY AFFIRM AND DECLARE AS UNDER: -

1. That the deponent is a law-abiding citizen and having a good

reputation in the society. Copy of the Complainant’s aadhar card is
exhibited as Ex. CW1/A.
2. That the deponent is known to the accused from 4 years and a friendly
relation has been developed between accused and the deponent.

3. That the deponent and the accused having good friendly relations and
in the month of January 2023, the accused told to the deponent that the
accused had loss in business and therefore the accused had approached
the deponent for availing a loan of Rs. 3,00,000/- but the deponent
initially refused to make the payment to the accused, but on repeated
requests made by the accused and in view of past relation of you with
the deponent, the deponent had agreed to make payment of
Rs.3,00,000/- to the accused.
4. That the accused had taken the loan amount of Rs.3,00,000/- from the
deponent and the accused had also handed over a cheque in favor of
the deponent i.e. cheque bearing no. 000012 dated 07.10.2023, for
Rs. 3,00,000/- of HDFC BANK, G-47 NEEMRANA INDUSTRIAL
AREA NEAR POLICE STATION,DIST-ALWAR, NEEMRANA,
RAJASTHAN-301705 and the accused had assured the deponent that
the cheque shall be honoured at the time of its presentation before the
bank by the deponent. The Original Cheque is exhibited as Ex.
CW1/B.

5. That when the deponent had approached the accused for the repayment
of loan then the accused had sought some more time for the repayment
of the said loan amount.

6. That when the time sought by the accused got over the deponent had
again approached to the accused for repayment of the said loan, then
the accused had given direction/permission to deposit the cheque
which was already given by the accused in favor of the deponent
towards the fulfillment of your legal liability to repayment of above
said loan amount.

7. That believing upon your assurance and upon the directions/permission

of the accused, the deponent had presented cheque bearing no.
000012 dated 07.10.2023, for Rs. 3,00,000/- of HDFC BANK, G-47
NEEMRANA INDUSTRIAL AREA NEAR POLICE
STATION,DIST-ALWAR, NEEMRANA, RAJASTHAN-301705
to his bank i.e. ICICI BANK LTD, SHOP NO 2 & 3 BESTECH
BUSINESS TOWER, SOHNA ROAD, SECTOR-48,
 GURUGRAM-122018, but the deponent surprised and utter shocked,
the cheque in question got dishonoured with the remarks “Funds
insufficient” vide return memo dated 26.10.2023. The Original Bank
Return Memo is exhibited as Ex. CW1/C.

8. That the deponent had informed the accused about the dishonour of the
cheque in question then, accused sought more time for the repayment
of the loan amount from the deponent and in good faith and trusting
upon the accused the deponent had agreed upon the same.

9. That when the time sought by the accused got over the deponent had
again approached for the repayment of the loan and the accused had
given direction to present the same cheque bearing no. 000012 dated
07.10.2023, for Rs. 3,00,000/- of HDFC BANK, G-47 NEEMRANA
INDUSTRIAL AREA NEAR POLICE STATION,DIST-ALWAR,
NEEMRANA, RAJASTHAN-301705, but the deponent surprised
and was in a great shock, that the cheque in question got dishonoured
again with remarks “Fund Insufficient” vide return memo dated
8.12.2023. The Original Bank Return Memo is exhibited as Ex.
CW1/D.

10. That when the deponent tried to informed the accused about the dis-
honoured of the said cheque in question, the accused initially avoided
the deponent on some pretext to another and accused tried to evade
from his legal liabilities and after that accused did not respond properly
to the deponent and try to avoid the deponent on one reason or the
other which shows accused dishonest intention not to repay the
outstanding payment of his towards the deponent and it also pertinent
 to mentioned here that the deponent, whenever contacted the accused,
the accused stopped paying any ears to the deponent’s requests.

11. That after it the deponent was very surprised with the attitude of the
accused towards him and thus finally the deponent’s counsel had sent a
legal notice dated 04.01.2024 through registered/speed post on
05.01.2024 to the accused demanding the amount of the above said
cheque in question which was deem to be served on the accused person
in the ordinary course of service. Legal notice dated 04.01.2024, Postal
Receipt Dated 05.01.2024, Tracking Reports of Legal Notice’s Receipt
and Return Envelopes are exhibited here as Ex. CW1/E, Ex. CW1/F,
Ex. CW1/G and Ex. CW1/H respectively.

12. That the accused, have intentionally and knowingly duped the
deponent by handing over the cheque, despite having knowledge that
the same will not be encashed upon its presentation.

13. That in the view of above said circumstances and contentions and
despite the service of legal notice on the accused, the accused had
failed to make the payment of the cheque in question with in the period
of 15 days from the date of the receipt of legal notice hence the
accused have committed an offence under section 138 of Negotiable
Instruments Act and the punishment for the offence U/s 138 of
Negotiable Instrument Act is imprisonment for a term which may
extend to two years or with fine which may extend to twice the amount
of the cheque or with both.

14. That the dishonour of the cheque issued by the accused against the
discharge of his legal liabilities proves that the accused had issued the
cheque in question not only for defrauding the deponent but you have
 also carried the malafide intention since the beginning of the entire
transaction with the deponent.

15. That the dishonour of the cheque in question as issued by the accused
to the deponent attracts the criminal liability u/s 138 of Negotiable
Instruments Act,1881 and Section 406, 420 of Indian Penal Code,
1860.

16. That the deponent’s Bank comes within the jurisdiction of this Hon’ble
Court where the cheque was presented and returned as dishonored
which gives the cause of action in favor of the deponent and against
the accused and the same arose within the jurisdiction of this Hon’ble
court thus this Hon’ble court have competent jurisdiction to decide the
complaint of the deponent.

17. That the present complaint is filed within the period of limitation as
provided under Negotiable Instrument act and the deponent to the best
of his knowledge comply with all the provisions of the act before filing
the present case against the accused.

18. That the deponent further states that all the exhibits, on which
deponent made his reliance are true and genuine.

19. That the present affidavit of the deponent is exhibited here as

EX. CW1/1.

DEPONENT
Verification-:
Verified at Gurugram (H.R.) on this 14TH day of February, 2024 that the
contents of my above affidavit are true and correct to my knowledge and
nothing has been concealed therein.

DEPONENT
BEFORE THE COURT OF ILLAQUA/ DUTY MAGISTRATE, GURUGRAM
DISTIRCT COURT AT HARYANA

In the matter of: -

SH. SAHI RAM YADAV …………COMPLAINANT

VERSUS

SH. MUKESH RAJPUT ………… ACCUSED

APPLICATION U/S. 143A OF N.I. ACT, 1881 FOR INTERIM

COMPENSATION

MOST RESPECTFULLY SHOWETH:

1) That the sec. 143A inserted in N.I. Act, 1881 vide amendment dated
01.09.2018.

2) Notwithstanding anything contained in the Code of Criminal Procedure,

1973, the Court trying an offence under section 138 may order the
drawer of the cheque to pay interim compensation to the complainant—
(a) In a summary trial or a summons case, where he pleads not guilty to the
accusation made in the complaint; and
(b) In any other case, upon framing of charge.

3) The interim compensation under sub-section (1) shall not exceed twenty
percent of the amount of the cheque.

4) The interim compensation shall be paid within sixty days from the date
of the order under sub-section (1), or within such further period not
exceeding thirty days as may be directed by the Court on sufficient cause
being shown by the drawer of the cheque.

5) If the drawer of the cheque is acquitted, the Court shall direct the
complainant to repay to the drawer the amount of interim compensation,
with interest at the bank rate as published by the Reserve Bank of India,
prevalent at the beginning of the relevant financial year, within sixty days
from the date of the order, or within such further period not exceeding
 thirty days as may be directed by the Court on sufficient cause being shown
by the complainant.

6) The interim compensation payable under this section may be recovered as

if it were a fine under section 421 of the Code of Criminal Procedure, 1973
(2 of 1974).

7) The amount of fine imposed under section 138 or the amount of

compensation awarded under section 357 of the Code of Criminal
Procedure, 1973 (2 of 1974), shall be reduced by the amount paid or
recovered as interim compensation under this section.

8) That the applicant/the complainant submits that as per the insertion of new
section 143A of N.I. Act, the complainant is entitled for interim
compensation 20% of the amount of the cheque. Hence, this Hon’ble Court
is empowered to direct the accused to interim compensation to the
complainant as per the amended provision of section 143A of N.I. Act, so it
is just and necessary to direct the accused to pay interim compensation to
the extent of 20% of cheque amount to the complainant in the interest of
justice.

PRAYER
That the application may kindly be allowed and accused may kindly be
directed to pay interim compensation 20% of the cheque amount as per the
amended section 143A of N.I Act.

Applicant/Complainant

PLACE: GURUGRAM

DATE: Through:

JITENDRA KUMAR TIWARI & ASSOCIATES

SEAT NO. 28, HALL NO. 1, 1ST FLOOR LAWYERS
CHAMBER BLOCKS, DWARKA DISTT. COURT
COMPLEX, SEC. 10, DWARKA, NEW DELHI-
110075 MOB. 9268740063
BEFORE THE COURT OF ILLAQUA/ DUTY MAGISTRATE, GURUGRAM
DISTIRCT COURT AT HARYANA

In the matter of: -

SH. SAHI RAM YADAV …………COMPLAINANT

VERSUS

SH. MUKESH RAJPUT …………… Accused

AFFIDAVIT

I, SAHI RAM YADAV S/O LATE SH. MOTI RAM R/O JT1, 402, TOWER B3, TULIP
PURPLE, GURGAON, SECTOR-69, GURGAON, H.R.-122018, AGED ABOUT ____
YEARS DO HEREBY SOLEMNLY AFFIRM AND DECLARE AS UNDER: -

1. That I am the deponent in the above noted matter and I am well conversant
with the facts of the case and therefore competent to swear this affidavit.

2. That the contents of the accompanying application U/S 143A of Negotiable

Instruments Act, 1881 before this Hon’ble Court, may kindly be treated as part
and parcel of this affidavit the facts of which are not repeated herein for the
sake of brevity and the contents of the same are true and correct and have been
read out to me in my vernacular language.

DEPONENT
VERIFICATION:

Verified at Gurugram (H.R.) in this day of 2024, that the contents of

the above affidavit are true and correct to the best of my knowledge and belief
and nothing material has been concealed there from.

DEPONENT
BEFORE THE COURT OF ILLAQUA/ DUTY MAGISTRATE, GURUGRAM
DISTIRCT COURT AT HARYANA

In the matter of: -

SH. SAHI RAM YADAV …………COMPLAINANT

VERSUS

SH. MUKESH RAJPUT …………… Accused

CERTIFICATE U/S 65(B) OF INDIAN EVIDENCE ACT

It is certified that the tracking reports of delivery/service proof of

legal notice is a net generated report which is available on the website of

Indian Post and same is downloaded from the website of Indian Post and

the printout of the same is taken out through the complainant’s computer.

The complainant is also certifying that the net generated tracking

report of delivery/service proof of legal notice is the same which is

available on the website of the Indian Post and there is no

alteration/modification has been done in the same during its generation or

during the time of taking the printout of the tracking reports.

COMPLAINANT
BEFORE THE COURT OF ILLAQUA/ DUTY MAGISTRATE, GURUGRAM
DISTIRCT COURT AT HARYANA

C.C. NO. _________________/2024

SH. SAHI RAM YADAV …………COMPLAINANT

VERSUS

SH. MUKESH RAJPUT …………… Accused

KNOW ALL to whom these present shall come that I/We, SAHI RAM YADAV S/O LATE SH. MOTI RAM,
R/O JT1, 402, TOWER B3, TULIP PURPLE, GURGAON, SECTOR-69, GURGAON, H.R.-122018, the
complainant, do hereby appointed VED TIWARI (
JITENDRA KUMAR TIWARI (D/3881/13) MOB. 8368515590 & 9268740063, SIDDHARTH
JANGID (D/4032/22) MOB. 8285659234, JITENDRA KUMAR TIWARI &
ASSOCIATES(D/3965/12), GAURAV KUMAR BHARDWAJ (UP-1325/2017) VIKASH
CHAND SHUKLA (D/130/2020), ADVOCATES At- Seat No. 28, Hall No. 1, Ist Floor, Lawyers
Chamber Block, Dwarka Distt. Court, New Delhi-110075 , (Herein after called the advocate/s) to be
my/our Advocate in the above-noted case authorize them: -To act, appear and plead in the above –noted cause in
this Court or in any other Court in which the same may be tried or heard and also in the appellate Court including
High Court subject to payment of fees separately for each court by me/us.
To sign, file, verify and present pleadings, appeals, cross-objections or petitions for execution review, revision,
withdrawal, compromise or other petitions or affidavits or other documents as may be deemed necessary or
proper for the prosecution of the said case in all its stages subjects to payment of fees for each stage.
To file and take back documents, to admit and/or deny the documents of opposite party
To withdraw or compromise the said case or submit to arbitration any difference or disputes that may arise
touching or in any manner relating to the said case
To take execution proceedings
The deposit, draw and receive money, cheque(s), cash and grant receipts hereof and to do all other acts and
things which may be necessary to be done for the progress and in the course of the prosecution of the said case.
To appoint and instruct any other Legal Practitioner authorizing him to exercise the power and authority hereby
conferred upon the Advocate whenever he may think fit to do so and to sign the power of attorney on our behalf.
And I/We the undersigned do hereby agree to ratify and confirm all acts done by the Advocate or his substitute in
the matter as my/our own acts, as if done by me/us to all intents and purposes.
And I/We undertaken that I/We or my/our duly authorized agent would appear in Court on all hearings and will
inform the Advocate for appearance when the case the case is called.
And I/We undersigned do hereby agree not to hold the advocate or his substitute responsible for the result of the
said cause. The adjournment costs whenever ordered by the Court shall be of the Advocate, which he shall
receive and retain for himself.
And I/We the undersigned do hereby agree that in the event of the whole or part of the fee agreed by me/us to be
paid to the advocate remaining unpaid he shall be entitled to withdraw from the prosecution on the said case until
the same is paid up. The fee settled is only for the above case and above Court. I/We hereby agree that once the
fee is paid. I/We will not be entitled for the refund of the same in any cause whatsoever and if the case prolongs
for more than 3 years the original fee shall be paid again by me/us.
IN WITNESS WHERE OF I/We do hereunto set my/our hand to these presents the contents of which have been
under stood by me/us on this ……Day of 2024.
Accepted subject to the terms of the fees.
Advocate Client