IN THE
COURT OF THE MAGISTRATE OF SANKARI
JUDICIAL
s.T.C. No. /2025
M. Kannan
Aged about years
S/o Muthusamy
Door No. 3-56O
North Street
3-56A, A. Thalaiyur
Vaikundam
Vellaiyampalayam
Salem-637 103
Salem District .......Complainant
-VS
C. Jaganathan
aged about4years
S/o Chinna Gounder
D.No.2/89 AC, Kannanderi
Kashpa, Kannanderi
Salem-637 102
...Accused
Salem District.
Section 138 r/w 142 of The Negotiable
Complaint filed under
Act 1881 (As amended by The Negotiable
Instruments
Act 55/2002) And r/w Section 210 and 223 of
Instruments B.N.S.S. 2023
The
complainant humbly begs to submit as follows:
submitted that the complainant is well known to
1, It is
familiarity, the accused has approached the
the accused. In that
asked for financial help from him for which, the
complainant and agreed to help him. In such situation, the
Complainant has also
borrowed a sum
of Rs.8,00,000/-(Rupees eight lakhs
accused has
-2
only) from the complainant on 10.6.2024, for his urgent family
and other needs. At the time of borrowing the
amount, to
evidence the said borrowal, the accused has executed a demand
promissory note in favour of the complainant for the said amount
and agreed to repay the sad amount with interest at 18% per
annum from the date of borrowal and agreed to repay the entire
amount, either to him or to his order on demand.
2. It is submitted that, after that the complainant has
made so many demands to him for repayment of the said principal
amount or the agreed interest. At that time, on 14.9.2024 the
accused has approached the complainant in person and gave part
amount towards interest for the borrowed amount and got back
the promissory note executed by him and on that day, towards the
principal amount plus accrued interest which COmes to
Rs.8,41,500/- (Rupees eight lakhs forty one thousand five
hundred only), the accused has issued a post-dated cheque,
bearing No. 020687 dated 14.11.2024, in favour of the
complainant, for the said amount of Rs.8,41,500/ -, to be drawn
from his bank account at Federal Bank, Konganapuram branch.
At the time of issuing this cheque, the accused has assured the
complainant to keep sufficient funds in his bank account to
honour thecheque while presentation, without fail.
3. It is submitted that complainant has presented the
cheque for collection in his bank account at ICICI Bank Ltd..
Elampillai, Salem branch, on 14.11.2024. But unfortunately, the
cheque presented for collection was returned by the accused
bankers with an endorsement stating "Funds insufficient" and the
Complainant's bankers have issued areturn memo on 15.11.2024.
-3
4. It is submitted that while issuing the cheque and
while instructing the complainant to present the cheque for
collection, the accused has promised the complainant to keep
sufficient funds in his bank account to meet the value of the
cheque. But the accused has simply failed to do so. Purposely to
cheat the complainant, the accused has issued the cheque to
discharge his liability, but failed to keep sufficient funds in his
bank account to honour the cheque and that's why the cheque
presented for collection was returned. Thereby the accused has
committed an offence punishable under Sections 138 and 142 of
the Negotiable Instruments Act.
5. In the above circumstances, the complainant has
issued a legal notice to accused through his counsel on
29.11.2024 and called upon him to pay the dishonoured cheque
amount within 15 days of receipt of that notice. The accused has
received the notice on 18.12.2024. Even after receiving the legal
notice, the accused has neither complied, nor replied. The act of
the accused clearly shows that he is in the intention of cheating
the complainant. Hence there is no other alternative for the
complainant except to file this complaint before this Honourable
court.
6. It is submitted that the present complaint is filed
within one month from the date of expiry of 15 days grace time
given under the notice
The details of filing the complaint are as follows:
(a) Date of cheque 14.11.2024
(b) Date of presentation : 14.11.2024
-4
(c) Date of return
15.11.2024
(d) Date of legal notice 29.11.2024
(e) Date of ack.due
:
18.12.2024
A. 01.2025
() Date of complaint
7. It is submitted that the complainant's bank is
situated within the limits of MOgudamcowad.Police station and the said
police station comes under tne jurisdiction of this Honourable
court. Hence the present complaint is filed before this Honourable
court.
8. It is further submitted that while issuing the cheque
and instructing the complainant to present the cheque for
collection, the accused has promised the complainant to honour
the cheque without fail. But the accused has failed to do. The
accused have committed an offence punishable under Sections
138and 142 of the Negotiable Instruments Act.
Therefore the complainant above named humbly prays
that this Honourable court may kindly be pleased to take this
complaint on file and issue summons to the accused and enquire
the matter and punish the accused according to law by imposing
maximum sentence under Section 138 of The Negotiable
Instrunents Act 1881 as amended by the Act 55 of 2002 and also
order to pay compensation to the complainant under Section 395
of B.N.S.S. 2023 according to law andthus render justce.
Counsel for complainant Complainant
I, the complainant herein do bereby declare that the contents
my Sankari post, Salem Nature Xerox
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original copyonline
original copy
of Complainant and
complainant
for
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the Sankari accused
thecomplainant
thecomnplainant
to in Konganapuram
signed by by
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issued issued
Ellampillai,complainant:
the
I to Postal
andand of memo
Particulars 020687
of return
Cheque tracking
report
020687
favour favour issued
-5 trueinformation Bank, India,
the notice
all No. in No.in
Federal of by accusedaccused
are
Cheque Cheque
ICICI filed Legal
and
paras complainant
1)
The documents
belief ofList Manager,Manager,
witnesses:
on.01.2025. Salem
District. 3. 29.11.2024
14.11.2024
14.11.2024 4.
15.11.2024
above
knowledge, S.No.
Date SANKARI
The The District.of
the
List
2) 3) 1. 2. 5.
of
District.
Salem
Salem-637 Vaikundam
District
Salem
Salem-637 Street
North
Muthusamy
103Thalaiyur
3-56A, DoorNo.Kannan
A.3-560 S/o M.
counsel memo Encls:
fakalath
By Process
Documnents Kannanderi
D.No.2/89
102 Gounder
Chinna
AC, S/o Vellaiyarmpalayam
Jaganathan C.
Kannanderi
Kashpa,
Section Complaint
Instruments1881 14) IN
of MAGISTRATEF
SANKARI THE
(As The S.T.C.
No.
210 COURT
Sub amended -VS
63650
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egistrar Act
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Oiice lo:
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The /2025
Mai1056/201|
n B.N.S.S. JUDIClAL
Negotiable .....Accused .Complaituant
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2023 r/w
Act r/w
