BEFORE THE HON’BLE JUDICIAL MAGISTRATE, FIRST CLASS,
NAGPUR.
Cri. Complaint No. / 2019
Filed on
COMPLAINANT: - Shobha Enterprises, Off: Flat
no.3A-106, Mahindra Bloomdale,
Mihan, Khapri, Nagpur-441108. and
Works: B132/2, MIDC Butibori,
Nagpur 441108. Through its
authorized person Shri Dinesh
Kokulwar
--VERSUS--
ACCUSED: - Chetan Halikram Gautam
Proprietor“Ramai Automation” Plot
no.18, Nikhade Layout, Satgoan,
Butibori Nagpur-441108.
COMPLAINT UNDER SECTION 138/142 OF THE NEGOTIABLE
INSTRUMENTS ACT, 1881 AMENDED UP TO DATE, READ WITH
SECTION 420 OF THE INDIAN PENAL CODE
MOST RESPECTFULLY SHOWETH:
1- That complainant is having fabrication/engineering
business and performing his business on the above mentioned
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address. That the complainant herein is engaged in the
business of fabrication works and undertakes order of
fabrication jobs and having brand name “Shobha Enterprises”.
2- That accused is engaged in Electrical repairing,
maintenance and automation work of various industries. That
on 30/09/2019 the accuse received one purchase order from
“KEC international Ltd” to provide Zinc Bath cover. That
thereafter the accused on same day gave the same order to
complainant for manufacturing of Zinc Bath Cover of Rs.
4,60,200/- because the accuse earlier discussed with the
complainant about the order.
3- That, accordingly complainant has supplied the required
order of Zinc Bath Cover as per specification provided to him.
That the order was delivered to accuse on 10.08.2019 after
trial & inspection also do the modification as suggested by
him. That against the above said order accuse gave Rs.
1,50,000/- through NEFT and for remaining amount accuse
issued a cheque of Rs. 3,10,200/- of Punjab National Bank,
Bori Nagpur Maharashtra having no. “677577” of dated 25-07-
2019 as advance security with the assurance that the said
cheque shall be duly honored on presentation.
4- That after delivery of order the said cheque was
deposited by complainant with his own bank i.e. Canara Bank
Nagpur for encashment on 22/10/19. That the cheque issued
by accuse was dishonored for the reason “Fund Insufficient”
as per the return memo of the Bank dt.24.10.2019. That
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thereafter my client contacted the respondent and the
respondent refused to pay the amount for the reason that the
order is not as per the specification. That complainant has
supplied the order as per your specification of respondent so
also accuse did not retuned the rejected order which is still
lying with the accuse.
5- That complainant fulfilled his obligations by delivering
the order to the accuse on time however accused failed in
performing his obligations for payment and after several
requests and reminders in discharged of the legal liability.
6- However, the aforementioned cheque was returned
unpaid by the bankers for the reason ‘Funds Insufficient’. That
means, the accused issued the above said cheque without
ascertaining the balance and without having a sufficient
arrangement to honour the above said cheque and, therefore,
it is very crystal clear that the accused was not having
sufficient funds in its Bank Account, at the relevant time and
the accused deliberately, intentional cheated the complainant
by issuing a false and bogus cheque.
7- This shows that the accused is acting malafidely against
the complainant and the complainant has left no other
alternative except to proceed against the accused as per the
provisions of Negotiable Instrument Act.
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8- That, after the receipt of the intimation from the bank of
complainant, the complainant had sent a legal notice dated.
22.11.2019, through his Advocate, to the accused by
Registered Post A. D. to the address of accused mentioned in
the purchase order of KEC international Ltd. But on the
28.11.2019 the notice which was sent by the advocate of
complainant was returned back having remark that “Address
not found”. That it seems that the accuse deliberately not
receiving the notice as the complainant has sent the notice on
the address best known to the complainant and mentioned in
the purchase order received from KEC international Ltd.
9- That the said amount of Rs.3,10,000/- was not paid by
the accused to the complainant within stipulated time and till
today. It is still outstanding against the accused. That, the
accused had issued the above said cheque from its bank
account in favour of the complainant, to discharge the
liability, without there been any arrangement in the bank
account. In this way, the accused heated the complainant by
issuing a false and bogus cheque and thus, the accused has
committed an offence punishable under Section 138 of
Negotiable Instrument Act, read with Section 420 of Indian
Penal Code.
10- That, by taking disadvantage of the faith, shown by the
complainant, the accused deliberately cheated the
complainant. It seems that the accused wanted to have
wrongful gain by deceiving the complainant. That, the accused
had issued the cheque from its bank account to discharge the
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liability in favour of the complainant and therefore, the
accused is liable for this prosecution.
11- This Hon’ble Court has jurisdiction to entertain and try
the instant complaint on merit. The instant complainant is
also within the limitation as prescribed in the Negotiable
Instrument Act, 1881.
12- That, the complainant files the documents as per list
and craves leave to file more documents, as and when
required.
13- That for the purpose of court fee and jurisdiction court
fee of Rs. is paid herewith.
Hence, this complaint is being filed.
PRAYER : - It is, therefore, prayed that this Hon’ble
Court be pleased –
i) To punish and fine the double amount as
per the provisions under Section 138 of
Negotiable Instrument Act, 1881 to the
accused;
ii) To order the whole amount of fine imposed
upon the accused to be paid to the
complainant in the form of compensation;
iii) To order the accused to pay the cost
incurred in the prosecution and in default of
payment of cost, the accused be made to
suffer further imprisonment in addition to
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the imprisonment order under Section 138
of Negotiable Instrument Act, 1881, read
with Section 420 of Indian Penal Code ; and
iv) Any other relief, which this Hon’ble Court
may deem fit and proper in the facts &
circumstances of the case, may also be
granted in favour of the complainant.
NAGPUR:
DATED : Complainant
Counsel for Complainant
SOLEMNAFFIRMATION
I, , aged about years,
occupation –business, R/o.Nagpur, Nagpur, do hereby take an oath
and state on solemn affirmation. That the contents of the above
para Nos.1 to 13 are true and correct to the best of my knowledge
and belief and hence, signed on this day of December 2019 at
Nagpur.
Deponent
I know the Deponent.
Advocate
BEFORE THE HON’BLE JUDICIAL MAGISTRATE, FIRST CLASS,
NAGPUR.
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Cri. Complaint No. / 2019
COMPLAINANT: - Shobha Enterprises, Off: Flat
--VERSUS--
ACCUSED: - Chetan Halikram Gautam
LIST of DOCUMENTS
Sr.
Particulars Date
No.
30/09/201
1 Copy of Purchase Order
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10/08/201
2 Copy of Delivery Challan
9
10/08/201
3 Copy of Invoice
9
25/07/201
4 Copy of Cheque
9
24/10/201
5 Copy of return memo
9
22/11/201
6 Copy of legal notice
9
22/11/201
7 Copy of receipt
9
28/11/201
8 Copy of envelope
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Nagpur
Date : /12/2019 C. F. Complainant
