IN THE COURT OF JUDICIAL MAGISTRATE

FIRST CLASS AT ANDHERI, MUMBAI

CRIMINAL COMPLAINT NO. ______ OF 2025

Schutzen Care Pvt Ltd.

Through its director,
Shri. Raj Tanna,
having a registered office at
B/811, Kanakia Wall Street,
Chakala, Andheri East,
Mumbai - 400093 … Complainant
VERSUS
1. Laxmi Ganpati Lex
Having address at
Erode 161,
Chandrapuram,
Sevanthampalayam Road,
Near Amma Unavagam,
Tirupur,
Tamil Nadu -638003 Accused No. 1

2. Mani Gomathi,
Proprietor of
Laxmi Ganpati Lex
Having address at
Erode 161,
Chandrapuram,
Sevanthampalayam Road,
Near Amma Unavagam,
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Tirupur,
Tamil Nadu -638003 … Accused no. 2
COMPLAINT U/S 138(B) R/W. SEC. 142 OF THE
NEGOTIABLE INSTRUMENTS ACT, 1881, AS AMENDED BY
THE BANKING PUBLIC INSTITUTIONS AND NEGOTIABLE
INSTRUMENT LAW (AMENDED) OF 1988.

MAY IT PLEASE YOUR HONOUR: -

1) The Complainant has sold some chemicals to the Accused no. 1 on the
guarantee and words of Accused no. 2
2) The Complainant is a private limited company dealing in various types
of chemicals which can easily be used in industries operating from the
address mentioned hereinabove. The Complainant has a good
reputation in the market for providing good-quality industry-use
chemicals. (Hereinafter referred to as ‘The Complainant'). The
Complainant is selling to various Retailers, Wholesalers and
Individuals in Maharashtra and all over India. Hereto annexed and
marked as EXHIBIT- ‘A’ is a copy of the GST Registration Certificate
of the Complainant. The Complainant is also selling the chemicals as
per the orders and has a client base all over India. (Hereinafter referred
to as ‘The said products’).
3) The Accused No. 1 is one Shri. Mani Gomathi, who represented as the
Proprietor of Laxmi Ganpati Lex, i.e., Accused no. 2, having address at
Erode 161, Chandrapuram, Sevanthampalayam Road, Near Amma
Unavagam, Tirupur, Tamil Nadu -638003. The Accused no. 1is
retailer/wholesaler of the said products operating from the addresses
mentioned in the title. Hereto annexed and marked EXHIBIT – ‘B’ is a
copy of GST Registration details of the Accused no. 2. (Hereinafter
collectively known as ‘The Accused’).
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4) The Accused came in contact with the Complainant through common

business and after searching online about the Complainant’s reputation
Accused showed interest in doing business. Initially, the Complainant
was hesitant to give the said products to the Accused but the latter
assured and made various commitments and promises to be honest in
the business.
5) The Accused had placed an order of
a. SCHUTZENPRINT COL WDC - 30 KG total weight 3443KG at
the rate of Rs. 60/Kg, on a post-dated cheque of at most 60 days,
b. SCHUTZENPRINT COL WDC - 100 KG total weight 5322 kg, at
the rate of Rs. 50/Kg, on a post-dated cheque of at most 60 Days,
c. SCHUTZENPRINT-UBER WHITE DC 30 KG total weight
7877kg, at the rate of Rs. 63/Kg, on a post-dated cheque of at most
60 Days,
d. SCHUTZENPRINT - UBER WHITE DC - 100 KG total weight
1645, at the rate of Rs. 62/Kg on a post-dated cheque of at most 60
days,
with the Complainant and promised that the Accused will pay the
whole amount by cheque.
3. The Accused negotiated the terms and conditions and offered that the
whole quantity of 17 tones can be sold to the Accused at an average
Rate of Rs. 55 per kg with 90 days post-dated cheque. To this the
Complainant counter offered that the duration of post-dated cheque
should not be more than 60 days, the accused agreed to this offer of
the Complainant and initiated the process of dispatching the said
products. Hereto annexed and marked EXHIBIT – ‘C’ is a copy of
emails exchanged between the Complainant and the Accused.
6) Upon receiving the confirmation from the Accused the Complainant On
26th March, 2025, the Complainant delivered the Gold Ornaments of
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weighing 60.670grams at the rate of RS 6100.16 per gram for a total

amount of Rs 3,81,200/- and raised an Invoice No. RO-37/23-24 dated
12.07.2024. Hereto annexed and marked EXHIBIT – ‘C’ is a copy of
Invoice No. RO-37/23-24 dated 12.07.2024.
7) The Accused received and acknowledged the delivery of Gold
ornaments and as per the information to the Complainant has sold to his
customer and earned money. The Complainant was doing follow up
with the Accused for the payment of Invoice amount, as same was due
immediately on the day of delivery of the ornaments. The Accused tried
to avoid and delay the payment by saying that he would make the
payment in cash within short time. The complainant refused to accept
the consideration in cash and insisted for the online transfer and / or by
demand draft and / or by cheque.
8) The Complainant had to chess the Accused for the payment of the
ornament sold to him. After consistent and rigorous follow the Accused
then issued a Cheque of Rs 3,81,200/- dated 17.07.2024 of Bharat Co-
operative Bank ( Mumbai) Ltd. Vide Cheque No. 026691 and Account
No. 010412100000663 towards the discharge of legally enforceable
liability arising out of the commercial transaction.
9) The Accused assured the Complainant that the Cheque issued by him
will be honoured on the day of its presentation, having faith in the
Accused’s words Complainant deposited the cheque in his bank i.e.
Bank of Baroda, Indian Oil Nagar Branch, Chembur on 20.07.2024.
10) The Complainant deposited Cheque in his Bank of Baroda, Indian oil
nagar branch Chembur, for realization on 20/07/2024. The Complainant
was shocked and surprised to receive the ‘cheque return memo’ from
Bank of Baroda enclosing the returned cheque for the reason “FUNDS
INSUFFICIENT”. Hereto annexed and marked EXHIBIT – ‘D’ is a
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copy dishonoured cheque and EXHIBIT – ‘E’ is a copy of cheque

return memo dated 22.07.2024.
11) The Complainant has received the intimation from his bank on
25.07.2024 at 2:08pm that the Cheque issued by the Accused is
dishonoured on 22.07.2024 for the reason “FUNDS
INSUFFICIENT”.
12) The Complainant on the knowledge of the dishonour of the cheque,
tried to contact the Accused on the mobile number, but there was no
response from the Accused. The Complainant sent messages, made
WhatsApp audio and video calls and tried to get in touch with the
Accused on all social media platforms but there was no response from
him.
13) The Complainant also visited the registered address of the Accused
from where he was handling all his business, but he found the shop was
closed and the Accused was not traceable. From the neighbours the
Complainant came to know that the Accused has gone to his native
place in Rajasthan at the address mentioned in the title. The Accused
deliberately kept his mobile off to avoid any communication. The
Complainant also came to know that Accused has cheated various
vendors in the market and therefore he was absconding.
14) The Complainant after waiting for 21 days for the response, decided to
take legal action and instructed his Advocate to address a legal notice to
the Accused and accordingly same was issued vide Notice on both the
addresses i.e. Registered address and permanent address vide Notice
under Ref. No. RVSA/AND/134/2024 dated 16.08.2024. Hereto
annexed and marked as EXHIBIT – ‘F’ is a copy of Legal Notice
dated 16/08/2024. The legal notice sent at both the addresses. The legal
notice sent at Kalyan address returned unserved with remark
“INSUFFICENT ADDRESS”, as same was in slum, but the legal
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Notice sent at the permanent address of the Rajasthan has been

acknowledged by the Accused. Hereto annexed and marked EXHIBIT
– ‘G’ is a copy of returned envelop and EXHIBIT – ‘H’ is a copy of
online track report of consignment.
15) After assessing the entire facts, it is clear that the Accused has no
intention to discharge the legally enforceable liability. The Accused has
admitted his liability, but is not discharging the same. The Accused has
no intention to pay the entire payment of the commercial transaction,
even though he has issued the cheque. The entire act and omission on
the part of the Accused makes him liable for the criminal prosecution
under the Negotiable Instruments Act. The Accused has deliberately
committed offence and has returned the cheque Inspite of the
knowledge of the penal consequences.
16) The Complainant is relying upon the documents which are annexed to
the complaint and filed with separate list of documents. The
Complainant further reserves his right to file additional documents,
with the prior permission from this Hon’ble Court.
17) The Complainant wishes to examine witnesses, a list of which is filed
separately.
18) The cause of action for the present complaint arose, when the
Complainant received the memo from the Bank of Baroda, Indian oil
Nagar Branch Chembur on 25/07/2024, when the legal notice u/s. Ref.
No. RVSA/AND/134/2024 was sent to the Accused and same was
acknowledged by the Accused on 20/08/2024 and further when he
failed to comply the requisition within the statutory 15 days on
05.09.2024. The present Complaint is filed within 30 days from the
cause of action.
19) The Complainant has deposited the cheque in his Bank of Baroda,
Indian Oil Nagar Branch, Mumbai, within the jurisdiction of Shivaji
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Nagar Police Station and therefore this Hon’ble Court has exclusive
jurisdiction to try, entertain and decide the present complaint.
20) The Complainant is paying Court Fees of Rs. 7,624/- for the present
Complaint and Rs. __________/- as process fees.
21) The Complainant therefore prays as under;
a) That this Hon’ble Court be pleased to take cognizance of the
complaint and the offense committed by the Accused and he may be
tried under the provisions of 138 r/w 142 of the Negotiable
Instruments Act and may be punished for the offenses committed by
him.
Dated this __ day of September 2024 at Mumbai

Complainant
Explained & Identified
By us;
Before me

R. V. SANKPAL & ASSOCIATES

ADVOCATES FOR THE COMPLAINANT

VERIFICATION
I, Shri. Lalit Kantilal Boliya, aged about 42, years the Proprietor of
M/s. Ratan Ornaments, having office at 7, A-702, Grit Complex Garden
CHS, Ghatkopar Mankhurd Link Road, Govandi West, Mumbai, 400043, do
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hereby solemnly declare that whatever is stated in foregoing paragraph are

true and correct to my knowledge and I believe it to be true.
Solemnly affirmed at Mumbai
Dated this __ day of September, 2024
Complainant
Explained & Identified
By us

Before me

R.V.SANKPAL & ASSOCIATES

ADVOCATES FOR THE COMPLAINANT