| IN THE COURT OF HON'BLE METROPOLITAN MAGISTRATE, SAIDAPET, CHENNAI 5 N CC. No. of 2017 < 5204 Ey GSeka x No.1744/22, 14" West Cross Street, Q MK B.Nagar, aN Vsarpadi Chennai 600039, Complainant Z Vs P.Thandavarayan, Sro Pakant NNu.107, South Steet. Bahoor, Pondicherry 607402 Accused Complaint filed under Section 200 Cr.P.C. for the offence under Section 138 rw. Section 142 of Negotiable Instruments Act. The complainant above named begs to state as follows, 4. The Complainant is G Sekar, residing at No.1744/22, 14" West Cross Street, M.K.B.Nagar, Vsatpaci, Chennai 600039, ° ‘The address for service of all notices and process on the complainant is that of their counsel M/s K.Thirumaran, V.KJkango and J.Dakshinamoorthy, Advocates, Nv.287, Addl. Law Chambers, High Court Buildings, Chennai 600104 2. The accused is P. Thandavarayan, S/o.Palani, Hindu, age not known to the complainant residing at No.107, South Street, Bahoor Pondicherry 607402. The address for service of ali notices and processes on the accused is the same as stated above3, The Complainant states that the accused is very well known to {he complainant that the complainant is colleague of the complainant and there is a chit transaction between accused and complainant. The accused had issued two cheques bearing No. 475306 dated +1.6.2016 drawn on Indian Bank, Atpar Branch, Cuddalore for Rs.2,00,000/- and pearing No.475308 dated 166.2016 drawn on Indian Bank, Atpar branch, Cuddalore for Rs.3,00,000/- and the accused assured that there are sulfcient funds in his bank account 10 honour the said cheque on presentation believing the accused words the complainant presented the above said cheque on 16.9,.2016 through the complainant Bank, State Bank of India, T.Nagar Branch, Chennai 600017 and the same was retumed as dishonoured on 16.9 2016. To shock and surprise of the complainant that the above said cheques was retumed to complainant client with 2 memorandum dated 46.09.2016 bearing an endorsement “FUNDS INSUFICIENTS”, The complainant received the return memo on 16.09.2016. 4, The complainant further state that after returned of the above mentioned cheques, the complainant caused a statutory Lawyer notice dated 03.10.2016 under Section 138 of Negotiable Instruments Act Alter receiving the above sald lay yer notice, the accused contacted the complainant to issue a fresh wo cheques namely bearing No.138818 dated 12.12.2016 drawn on UGO Bank, Bahour branch, Bahour 607402 for a sum of Rs.2,90,000/- and cheque bearing No.138817 dated 12.12.2017 drawn on UCO Bank, Bahour branch, Bhaour Wy.Goztog tor a wun of R8.3,00,000/ und the accused asked the. complainant tho above mentioned cheques to be presonted by 1232017 and the accused assured that thery aro suliclent funds in your bank ageount to Honour the sad cheque ony presentation bolioving accused words the complainant presented the above sald ehoquo on 12.03.2017 throuigh his chent’s Bank, State Bank of India, F Nagar Bunch, Chermal 60017 and the same Was retuned as dishonowed on 13.3.2017, To shock and surprise of the complainant that the above said cheques wore returned (0 complainant with a memorandum dated 1332017 bearing an endorsement “FUNDS INSUFFICIENT’, The complainant received tho return meme on 15 03 2017 5 From the above s, it is very clear that the accused have cutty imtend to cheat complainant issued the above said: cheques dotberately, Knowing fully well that the ciceused do wot Have sullicient in hus bank account and issued the aid cheque, 6, The compisinom further submits that the above said act of sg vail amounts to offence wider Section 18 rel with section accust 4a2 of Negotiable Instruments Act 4. The complainant submit that after dishonaured (he above said cheque, the complainant sent a tegal notice dated 23 3.2017 1 the accused herein calling upon hin to pay the ehegue amount within 15 days tront the date of receipt of the said notice ‘The si id notice was wyreturned with the postal endorsement "REFUSED' and the accused “i not settle the cheque amount. 8, The complainant submit that the complainant bank viz, Stale Bank of India, T.Nagar Branch, Chennai 600017 is well within the jurisdiction of this Hon'ble Court and the cause of action for Is complaint arose within the jurssston of this Hon’ble Court and iis Hon'ble Court has got ample jurisdiction to take this complaint on fle 9, The complainant further submits that this complaint is being filed before this Hon'ble Court within the time. Hence itis prayed that this Hon'ble Court may be pleased lo take this complaint on file, issue process to the accused herein and deal willy her in accordance with law under Section 138 read with Section 142 of the Negotiable Instrument Act and thus render justice. “Tne complainant also prays that this Hon'ble Court may be pleased'to; order payment of compensation out of the fine amount under Section 367 CrP. Dated at Chennai on this the 3h ¢ fay of April, 2017 : Counsel for Complainant Complainant LIST OF WITNESSES: 4. The Complainant 2. The Manager, UCO Bank, Bahour Branch, Bhaour 607402, 3, The Manager. State Bank of India, x WwT.Nagar Branch, T.Nagar, Chennai 600017. LIST OF DOCUMENTS: 1. Cheque No.138818 dated 12.12.2016 drawn on UCO Bank Bahour Branch, Bahour 607402 for a sum of Rs.2,00,000/-. 2. Cheque return Memo dated 12.3.2017 3. Cheque No.138817 dated 12.12.2016 drawn on UCO Bank Bahour Branch, @ahour 607402 for a sum of Rs.3,00,000/- 4, Cheque return Memo dated 13.3.2017 5. Legal notice dated 26.3.2017 6. Returned cover ~ Dated at Chennai on this the 9© day of April, 2017, ge. i Counsél for Complainant. Complainant