IN THE COURT OF LD. A.C.M.

M:
KARKARDOOMA COURTS: DELHI

IN RE: COMPLAINT CASE NO. 105/2011

IN THE MATTER OF:

MRS. KUMAD TALWAR
W/O SH. KAMAL TALWAR
R/O B-13/8, KRISHNA NAGAR,
DELHI-110051
….. COMPLAINANT
VERSUS

MR. CHANCHAL MEHTA

S/O SH SEETA RAM MEHTA
R/O HOUSE NO. 351/1, TELIWARA,
SHAHDARA, DELHI-110032
…..ACCUSED

P.S – KRISHNA NAGAR

COMPLAINT UNDER SECTION 138 OF NEGOTIABLE

INSTRUMENT ACT AS AMEND UPTO DATE ON
BEHALF OF THE COMPLAINANT.

MOST RESPECTFULLY SHOWETH:

1.That the accused was/is close friend

of the husband of the complainant as

such there was a close friendly

relationship between the accused and

complainant’s Family.
 IN THE COURT OF LD. A.C.M.M
KARKARDOOMA COURTS : DELHI

IN RE: COMPLAINT CASE No . /2011

TN THE MATTER OF:
MRS. KUMAD TALWAR.
. . COMPLAINANT
VERSUS

MR. CHANCHAL MEHTA

.. ACCUSED

EVIDENCE BY WAY OF AFFIDAVIT

I, KUMAD TALWAR W /0 SH. KAMAL TALWAR

R/0 B-13/8, KRISHNA NAGAR, DELHI-110051 do

hereby solemnly affirm and declare as Under:-

1. 'That the accused was/is close friend of the

husband of the deponent: as such there was a

close friendly relationship between the accused

and deponent’s family.

2. That the accused was facing such financial

crises and was in great need of money and thus he

approached the deponent and demanded &

requested for a friendly loan of Rs. 2,00,000/-

3. That considering the financial problems

of the accused and keeping in mind the

good relations with her husband, deponent

paid a sum of Rs. 2,00,000/- to the

accused, after arranging the same from her

sources as friendly loan time to time and

the accused assured the deponent to

return

the same.

4. That in lieu of discharge of liability of

the return aforesaid loan the accused,

issued and handed over a cheque bearing

No. 409711 dates 15/01/2011 amounting

of Rs. 1.,00,000/- and bearing No. 409717

Dates 25/01/2011 amounting of

Rs.1,00,000/- drawn on Punjab national

bank,

Shahdara, Delhi, to the deponent. The

Cheques are exhibited herein as Ex.

CW1/A &1/B

5. That as per assurance of the accused

Deponent presented the said cheque with

Her bankers i.e. Canara bank, Shankar

Nagar, Delhi, but the same was returned

unpaid with remarks "FUNDS

INSUFFICIENT" vide memos dated

06/07/2011. The cheques returning memos

are exhibited herein as

EX. CW 1/C & 1/D.

6. That the accused issued the aforesaid

cheques to the complainant with a malafide

intention to cheat him, knowing fully well

that the cheques will not be honoured on due

representation as there were no sufficient

funds in your account and thus committed

the offence under section 138 N.I. Act.

7. That complainant served a legal notice

dated 01/08/2011 to the accused through

Regd. A. D. through her counsel which was

duly served upon the accused as the Regd.

AD with envelope has not been received Back.

The legal notice, is Ex. CW 1/E. The postal

receipt of Reqd. A.D. is Ex. CW 1/F

8. That despite the service of the legal notice

neither the accused paid the

Cheques amount nor replied the same.

DEPONENT

VERFICATION:

Verification at the Delhi on this _____ ,

that the contents of the above affidavit are true

and correct to my knowledge, no part of it is

false and nothing material has been concealed

there from.

DEPONENT