IN THE COURT OF S.D.J.

M , AT RANGIA, KAMRUP ( ASSAM)

N.I Case No / 2023

Rupen Kalita,
Age about:
son of Late Keshab Kalita,
Vill: Kanikuchi,P.O : Kaniha,
P.S:Rangia,
Dist:Kamrup(Assam)
Pin:781380,
M.No: 7002012515.

…….Complinant

-Vs-

Prafulla Ch.Deka,
son of Rano Ram Deka,
resident of Near ThethaThakur
Mandir,Chandkuchi
Dist:,Nalbari,Assam,
Pin:781334.
M.No: 8453818467,

……. Accused persons

Cause of Action : 15-01-2021, December 2021

August 2022, 31-07-2023, 08-
08-2023
Offence : Under Sec 138 read with sec 141of
the Negotiable Instruments Act 1881
as amended by Banking Public
Institution and Negotiable
Instruments Law ( amendment) of
1998 (660/1988) herein after
referred to as N.I .
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MOST RESPECTFULLY SHEWETH:

1. That the complainant is the permanent resident of Vill: Kanikuchi,P.O :

Kaniha,P.S : Rangia,Dist: Kamrup(Assam)781380,.
2. That above said accused persons and complainant are known each other for
a long period. That on 15-01-2021 above named accused person had
borrowed an amount of rupees 5,00,000/- ( five lakhs only)from said
complainant person’s home, and after that on December 2021 above named
accused person have taken an amount of Rs.6,00,000/- from complainant, and
said complainant gave the said amount to accused person through bank
transfer. After that on August 2022 above named accused and his son Joydeep
Deka came in complainant’s house and requested complainant to gave them
another amount of rupees of 4,00,000/- . That on good faith above named
complainant also gave both of them another amount of Rs. 4,00,000/- . In total
from January 2021 to August 2022 above named accused person and his son
borrowed an amount of Rs.15,00,000/- from complainant’s for purchasing
land . That above named accused person and his son Joydeep Deka also
promised complainant to repay the said amount of rupees within April 2023.
After ends of the month of April 2023, above said complainant met both of
accused and his son, several times for said loan amount but both of them
promised complainant , that both of them will give return the said amount
within a short period . That said complainant also obeying their hopes to get his
loan amount . But on 31-07-2023 to discharge his financial liability towards
complainant issued a cheque bearing no 665798, amount of Rs – 15,00,000/- of
State Bank of India, Nalbari Branch.

3. That the aforesaid cheque was presented for payment before the State bank
of India,Soneswar Branch by complainant on dated 31-07-2023.But the same
has been dishonored by Bank with an endorsement “Insufficient fund” and same
endorsement has received my client on dated 02-08-2023.

4. That said accused person have dishonestly cheated complainant and have
caused him dishonestly an illegal loss of Rs 15,00,000/- only by not repaying
the amount thereon as up-to-date .
5. That the complainant coming to know about the dishonor of the aforesaid
cheque immediately met the accused and appraised him about the dishonor of
the aforesaid cheques but with no positive response.

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6. That the lawyer of the complainant had sent a legal notice dated 08-08-2023
to the accused as required under section 138 of the N.I Act , demanding
payment of the amount involved in the cheque within 15th days from the
receipt of the same.
7. That the complainant begs to state that accused in spite of the said notice
failed to clear his liabilities of Rs 15,00,000/- only within 15 days of the said
demand notice and as the complainant has filed this complaint within one
month of the date on which the cause of action arises under clause (c) of the
provision of section 138 of the N.I Act.
8. That the accused has committed an offence as defined under sec 138 of the
Negotiable Instrument Act, in as much as the aforesaid cheques was drawn on
the accused ‘s Bank account and on presentation of the aforesaid cheque was
returned unpaid /dishonored due to reason “(i) cheque no 665798:
“Insufficient Fund”. The accused has also committed an offence under section
420 of the Indian Penal Code by deceiving the complainant.
9. That the accused issued the aforesaid cheque against the liabilities to the
complainant and aforesaid cheque when presented in the Bank for payment
was dishonored on the ground “Insufficient Fund” ,the aforesaid cheque.
10. That there are no infirmities in the complaint and the complainant has
covered all necessary provisions procedure laid down in the Negotiable
Instrument Act for the filing the present complaint petition.
11. That cause of action for the complaint under the Negotiable
Instrument Act arose on 15-01-2021, December 2021 ,August 2022, 31-07-
2023, 08-08-2023, and all subsequent dates hereafter covered under jurisdiction
of this hon’ble Court.

12. That the the hon’ble court has jurisdiction to take cognizance of the offence
as because the accused /payee bank has office within the jurisdiction of this
Ho’ble court.
13. That no part of the claim of the complainant is time barred, nor is the
offence time barred.

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Witnesses below will prove the case of complainant.

It is therefore , prayed that your honour would

be pleased to take cognizance and issue process
against the accused under N.I Act as well as
under sec 420 I.P.C and after appearance of the
accused, try the accused and punish him in
accordance with law and fine/compensation if
realized from the accused, the same may be paid
to the complainant and /or pass such other
order/orders as your Honour may deem fit and
proper, also above named complainant filed
An application under section 143-A of N.I Act
1881 praying before the Hon’ble Court to direct
the accused person to pay interim compensation
to the complainant @ 20% of the cheque
amount .
And for this act of kindness, the humble
complainant as in duty bound shall ever
pray.

List of witnesses:-
1.Complainant himself.

2.Manager of SBI Nalbari Branch( 01103) .

3. Manager of SBI,Soneswar,Branch(7038)

3. others

List of Documents enclosed herewith :-

1. Copy of demand notice dated 08-08-2023 along with postal receipt and
A/D.

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2. Copy of dishonored cheque along with Advice slip/Returning Memo of the
Bankers.
4. Postal receipt & Postal track consignment report.

Verification
Verified that above statements from para above are true to the best of my
knowledge and I sign this Complaint petition on this th day of
……………...

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 AFFIDAVIT

I, Rupen Kalita, son of Late Keshab Kalita, Vill: Kanikuchi,P.O : Kaniha,P.S :

Rangia,Dist: Kamrup(Assam)781380,do hereby solemnly affirm and declare as
follows :-
1.That I am the Complainant for this case and I am fully conversant with the facts
and circumstances of the case as such I am competent to swear this Affidavit.
2. That the statements made in this case and those made in Para above are true to
the best of my knowledge and rest are my humble submission made before the
Hon’ble Court.

OATH

“I swear that this declaration is true, that it conceals nothing, and

that no part of it is false, so help me God.”

And I sign this affidavit on this day of August 2023 at

Udalguri.

Identified by

Advocate

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 IN THE COURT OF S.D.J.M AT RANGIA, KAMRUP (ASSAM)

C.R Case No - /2023

Rupen Kalita
-Vs-
Prafulla Ch Deka

Evidence on Affidavit filed by the complainant Rupen Kalita, son of

Late Keshab Kalita, Vill: Kanikuchi,P.O : Kaniha,P.S : Rangia,Dist:
Kamrup(Assam)781380, as evidence in support of its case as initial
deposition as C.W.-1.

EVIDENCE ON AFFIDAVIT

I, Rupen Kalita, son of Late Keshab Kalita, Vill: Kanikuchi,P.O : Kaniha,P.S :

Rangia,Dist: Kamrup(Assam)781380I , do hereby solemnly affirm and declare as
follows:
1. That I and above said accused persons are known each other for a long
period. That on 15-01-2021 above named accused person had borrowed an
amount of rupees 5,00,000/- ( five lakhs only)from my house ,and after that
on December 2021 above named accused person have taken an amount of
Rs.6,00,000/- from me, and I gave the said amount through bank transfer.
After that on August 2022 above named accused and his son Joydeep Deka
came in my house and requested me to gave them another amount of
rupees of 4,00,000/- . That on good faith, I, gave both of them another
amount of Rs. 4,00,000/- . In total from January 2021 to August 2022 above
named accused person and his son borrowed an amount of Rs.15,00,000/-
from me, for purchasing land . That above named accused person and his
son Joydeep Deka also promised me to repay the said amount of rupees
within April 2023. After ends of the month of April 2023, I have met with
both the accused and his son, several times for said loan amount but both of
them promised me , that both of them will give return the said amount
within a short period . That I have been obeying their hopes to get his loan
amount . But on 31-07-2023 to discharge his financial liability towards me

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 issued a cheque bearing no 665798, amount of Rs – 15,00,000/- of State Bank of
India, Nalbari Branch.

2. That I had presented the aforesaid cheque for payment before the State
bank of India,Soneswar Branch on dated 31-07-2023. But the same has
been dishonored by Bank with an endorsement “Insufficient fund” and I
have received the same endorsement on dated 02-08-2023.

3. That said accused person have dishonestly cheated me and have caused me
dishonestly an illegal loss of Rs 15,00,000/- only by not repaying the
amount thereon as up-to-date .
4. That after coming to know about the dishonor of the aforesaid cheque I
have immediately met the accused and appraised him about the dishonor of
the aforesaid cheques but with no positive response.
5. That my lawyer had sent a legal notice dated 08-08-2023 to the accused as
required under section 138 of the N.I Act , demanding payment of the
amount involved in the cheque within 15th days from the receipt of the
same.
6. That I begs to state that accused in spite of the said notice failed to clear his
liabilities of Rs 15,00,000/- only within 15 days of the said demand notice
and as the complainant has filed this complaint within one month of the date
on which the cause of action arises under clause (c) of the provision of
section 138 of the N.I Act.

8. That the accused has committed an offence as defined under sec 138 of the
Negotiable Instrument Act, in as much as the aforesaid cheques was drawn on
the accused ‘s Bank account and on presentation of the aforesaid cheque was
returned unpaid /dishonored due to reason “ Insufficient fund” . The accused
has also committed an offence under section 420 of the Indian Penal Code by
deceiving me.
9. That there are no infirmities in the complaint and I have covered all
necessary provisions procedure laid down in the Negotiable Instrument Act for
the filing the present complaint petition.

10 The following are the enclosed/Exibited in support of the case

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Exibit-1. vide cheque no 665798 , dated 31-07-2023 , amount of Rs –
15,00,000/- , Exibit- 1(i) signature of accused person.

Exibit- 2 is the memo of cheque no 665798 , dated 31-07-2023 issued by the

Bank thereby showing the reasons of dishnoured cheque as “insufficient fund”.

Exibit - 3 is the pleader notice dated 08-08-2023

Exibit - 4 is the postal receipt.

Exibit-5 is the postal Track Consignment report

11. The accused person has failed to make the payment in spite of service of
notice demanding the aforesaid amount along with the compensation and cost.
Hence I have filed this instant case against the accused for prosecuting him
under the appropriate provision of the Negotiable Instrument Act , 1881 and the
Indian Penal Code and grant compensation and cost of litigation in my favour for
the offences committed by the accused person.

12.That, I say , I am entitled to get the amount of fine as well as compensation

and cost as may be imposed upon the accused by this Hon’ble court and as such
I pray before this Hon’ble Court to punish the accused for the offence committed
by him and grant me the appropriate relief as may be deem fit and proper.

13. That the statements made in this affidavit are true to my best of knowledge
and belief and I sign this affidavit on this day of
…………………………………..

Identified by

Advocate, Rangia. DEPONENT

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 IN THE COURT OF SDJM, RANGIA,KAMRUP, ( ASSAM)

N.I Case No / 2023.

Rupen Kalita
-Vs-
Prafulla Ch Deka

IN THE MATTER OF :

An application under section 143-A of N.I Act 1881 praying before the Hon’ble Court
to direct the accused person to pay interim compensation to the complainant @
20% of the cheque amount of Rs. 15,00,000/- .

The humble petition of the complainant is as follws :

1. That the complainant has filed the instant case under section 138 of N.I Act
1881.
2. That the complainant begs to state that very recently the law contained in the
negotiable instrument Act 1881 has been amended and a new provision has
been inserted in the form of Section 138 of NI Act 1881, to pass an order
directing the accused person , i.e the drawer of the cheque to pay interim
compensation to the complainant to the tune of 20% of the cheque amount
in question and which shall be paid within a period of sixty days from the date
of the order so passed or within such further period whci shall not exceed
thirty days from the date of the order. Hence this petition is filed before this
hon’ble court to direct the accused person to pay an interim compensation of

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 20% of the cheque amount to complainant within a period of sixty days from
the date of the order.
3. That this petition is made and filed bonafide and is for the ends of justice.

Under the circumstances cited above it

is therefore prayed that your honour
may graciously be pleased to accept this
petition and be further please to pass an
order directing the accused person to
pay an interim compensation of rs 20%
of the cheque amount to complainant
within a period of sixty days from the
date of the order.
And for this act of your kindness
complainant shall ever pray.

Verification

Verified that above statements from para above are true to the best of my
knowledge and I sign this petition on this th day of ……………...

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