IN THE COURT OF ADDITIONAL CHIEF METROPOLITIAN
MAGISTRATE AT BENGALURU
PCR No._____________/2021
IN
CC No._____________/2021
BETWEEN:
Mr. Johnson Chinnappan …Complainant
AND
Mrs. Sagaya Rani, …Accused
INDEX
Sl. Particulars Page Nos.
No.
1. Complaint filed under Section 200 of The Code
of Criminal Procedure Read with Section 138 of
The Negotiable Instrument Act, 1881
2. List of Documents
3. List of Witness
4. Vakalath
5. Process Memo
Place: Bangalore
DATE: Advocate for Complainant
IN THE COURT OF ADDITIONAL CHIEF METROPOLITIAN
MAGISTRATE AT BENGALURU
PCR No._____________/2021
IN
CC No._____________/2021
BETWEEN:
Mr. Johnson Chinnappan
Aged about_____,
S/o. Chinnappan,
R/at 2nd cross, Rayapuram,
Bangalore 560 018 …Complainant
AND
Mrs. Sagaya Rani,
Aged about____,
W/o. Mr. A Maria Dass,
V.S. Garden, JJR Nagar,
Bangalore 560 026 …Accused
MEMORANDUM OF PRIVATE COMPLAINT UNDER SECTION 200 OF
THE CODE OF CRIMINAL PROCEDURE R/W. 138 OF THE
NEGOTIABLE INSTRUMENT ACT
The Complainant submits as follows:
1. For the purpose of issuance of court notices and summons the address of the
Complainant given in the cause title is correct and sufficient and it may also
be served to their counsel S. Paul Dhinakaran, Mohamad Jamal Sait, C/o
B.N. Shivanna, No.5, 1/1, Sujatha Complex, 1st Main, Gandhi Nagar,
Bengaluru-560 009.
2. For the purpose of issuance of court notices and summons the address of the
Accused given in the cause title is correct and sufficient.
3. It is submitted that that, Complainant and the Accused are known to each
other from past several years. In the year March 2020, the accused had
approached the complainant and requested for a loan of ₹.3,00,000 (Three
Lakhs Only) for the house arrangement purpose. The accused assured the
complainant to repay the loan within a period of one year i.e., with in the
month of March 2021. At the request of the Accused, Complainant has paid
amount of ₹.3,00,000/- (Three Lakhs Only) by way of cash to the accused.
4. When the Complainant insisted upon the repayment of the loan in the month
of March 2021 and after much persuasion the accused had issued a Cheque
bearing No.178555 dated 19.03.2021 drawn on Vijaya Bank, Mysore Road
branch, Bangalore 560018. when the Complainant presented the said cheque
through his banker Union Bank of India, service branch, Bangalore to the
shock and surprise of the complainant it was returned with a shara “FUNDS
INSUFFICIANT” vide bankers memo dated 22.03.2021.
5. The complainant immediately informed about dishonour of the said cheque,
but the accused has been postponing by giving one or the other reasons with
ulterior motive to cheat the complainant.
6. Thereafter the complainant got issued legal notice dated 21.04.2021 through
his Advocate, the notice was returned with the shara “Addressee Left”,
which shall be deemed service of notice. The accused is a fraud person
whose modus operendi is to take loan from innocent person and leave
address in order to evade repayment of loan.
7. All the aforesaid acts of the Accused clearly demonstrates that he does not
have any intention to clear the amount covered under the aforesaid cheque
and have issued the aforesaid cheque knowing fully well that, there is no
sufficient funds in his Account and have issued the cheque only with the
intention to cheat the Complainant and make unlawful gain from the
Complainant.
8. The cause of action arose on various dates, when the Accused issued the
aforesaid cheque dated 19.03.2021 for an amount Rs.3,00,000/- (Rupees
Three Lakh Only), On 22.03.2021 when the aforesaid cheque was
dishonoured by the Banker with an endorsement “Fund’s Insufficient”, on
21.04.2021 when notice was served on the Accused person, all within the
Jurisdiction of this Hon’ble Court.
9. It is submitted that there is a delay in filing this complaint due to the
lockdown in State of Karnataka on account of covid-19 pandemic and as per
the Order of the Hon’ble Supreme Court in Miscellaneous Application
No.665/2021 dated 19th July 2021 the period of limitation for filing cheque
bounce cases are extended which is still in force and in view of this law, this
complaint is well within the limitation and within the jurisdiction of this
Hon’ble Court.
Wherefore, the Complainant humbly prays that this Hon’ble Court may be pleased
to:-
i. Take cognizance of this Complaint and deal with Accused Person as
per law;
ii. Award compensation as per the provisions of the Criminal Procedure
Code;
iii. Pass such further or other orders as this Hon’ble Court may deem fit
and proper and thus render justice.
Complainant Advocate for Complainant
VERIFICATION
I, Johnson Chinnappan Aged about_____, S/o. Chinnappan, R/at 2nd cross,
Rayapuram, Bangalore 560 018, do hereby state that what is stated above paras is
true to best of knowledge, information and belief.
Bangalore
Date: Complainant
IN THE COURT OF ADDITIONAL CHIEF METROPOLITIAN
MAGISTRATE AT BENGALURU
PCR No._____________/2021
IN
CC No._____________/2021
BETWEEN:
Mr. Johnson Chinnappan …Complainant
AND
Mrs. Sagaya Rani, …Accused
LIST OF DOCUMENTS
Sl. Descriptions Annexure
No.
1. The Copy of the Cheque dated 19.03.2021 A
2. The Copy of the Bankers Memo dated B
22.03.2021
3. The Copy of the Legal Notice dated 21.04.2021 C
4. The Copy of the Postal Receipt. D
5. The Copy of the returned postal cover E
BANGALORE
DATE: ADVOCATE FOR COMPLAINANT
IN THE COURT OF ADDITIONAL CHIEF METROPOLITIAN
MAGISTRATE AT BENGALURU
PCR No._____________/2021
IN
CC No._____________/2021
BETWEEN:
Mr. Johnson Chinnappan …Complainant
AND
Mrs. Sagaya Rani, …Accused
LIST OF WITNESSES
1. Complainant
2. Bank Manager of Vijaya Bank, Mysore road, Bangalore
3. Bank Manager of Union Bank of India, Bangalore
Place: Bangalore
Date: Advocate for Complainant
