BEFORE THE LEARNED XIX METROPOLITAN MAGISTRATE,

AT, ALLIKULAM, CHENNAI.

S.T.C. No. 5283 of 2024

SMEINTELLECT GROWTH CAPITAL PRIVATE LIMITED

Represented by its Authorized Person
Mrs. R SUGANYA
Corporate Office at Door No.1471
H Block, V5, 21st Street,
Anna Nagar, Chennai 600 040. . .. Complainant.

-vs-
1. Mrs. S. Yuvarani,
Vadamugam, Vellode,
Erode-638112.

2. Mis. M. J.C. Yuvarani Tex,

Prop: Mrs. S. Yuvarani
#27, Thirumalaiswamy colony,
Vellode, Erode-638112.
. .. Accused

PROOF AFFIDAVIT OF MRS. R SUGANYA

I, Mrs. RSUGANYA, W/o Sarath kumar, Hindu aged about 29 years, Legal
ATE
officer of Mis SMEINTELLECT GROWTH CAPITAL PRIV
Anna
LIMITED, having Office at Door No.1471, H Block, V5, 21st Street,
Nagar, Chennai 600 040, do hereby solemnly affirm and declare as under:

1. I most humbly state that the accused approached the complainant

company for getting loan and entered loan agreement on .29.08.2022 with
the complainant company and availed loan of Rs. 3,50,000/- (Rupees Three
Lakbs Fifty Thousand only) at 38% interest per annum repayable in 24
Monthly instalments, with an EMI of Rs. 21,303. Furthermore, the accused
stated to complainant that they are running business under name ofM/s. M.
 . . lony Vellode Erode-
J. C. Yuvarani Tex, #27, Th1rumala1swamy co ' '
was sanctioned for the
638112. The complainant further state that, the 1oan
. d agreed for the terms and
development of accused business. The accuse
conditions for the said loan transaction. Accused also promised complainant
to repay the amount within 24 Months from the date of loan agreement. The
accused had paid the First Eight months installments of Rs. 21,303/- and
they are do not pay six other monthly instalments as on date after several
reminders from complainant. Multiple calls were made by complainant to
accused but accused have vindictively switched off their mobile and did not
attend any of the calls made by complainant.

2. I further state that accused have failed and defaulted in repaying

'
the remaining balance instalment loan amount and upon persistent effort of
complainant, to contact the accused, representative from complainant's
(,

company visited to accused in P,el'Son in their residence and business place

\
accused have stated that, they wiH clear all the overdue amounts and accused
will foreclose the loan. AccuseJhave issued the Cheque for Rs. 3,45,641/-
and they are instructed to present the said cheque for collection in cheque
I

bearing No. 000001 dated 18!11-2023 drawn on Karur Vysya ~ank,

T.Vellode Branch of Rs. 3,'15,641/- (Rupees Three lakhs Forty-Five
Thousand Six Hundred Forty-One Qnly) respectively and the said cheque
was presented on 18-11-2023 by complainant in his bank namely City Union
I

Bank Ltd., Anna Nagar West branch, Chennai and said cheque was
returned on 20.11.2023 As "Funds insufficient" and then complainant
immediately informed to the accused about the cheque return. But there is
no response from them.

3. I state that, knowing fully well that the accused have no sufficient
funds in their account to honor the above said cheque, the accused have

)
 cheat the complainant have issued the
purposefuJly and with an intention to
above referred cheque.

ed a sum of total balance

4. I further state that thus having indebt
ree lakhs Forty-Five Thousand Six
amount of Rs. 3,45,641/- (Rupees Th
used failed and neglected to make
Hundred Forty-One only) the acc
que and thereby the accused have
arrangements to honor the said che
er section 138 of the Negotiable
committed an offence punishable und

J
Instruments Act.

que for a sum of Rs.

5. I state that having issued the che
ty-Five Thousand Six Hundred
3,45,641/- (Rupees Three lakbs For
amount due to the complainant and
Forty-One only) towards the loan.
has got no funds in his account, the
knowing fully well that the accused
que with a motive to cause wrongful
accused has deliberately issued the che
to gain wrongfully for him sel f and
loss to the complainant and thereby
-the offence under section 138 of the
thereby the accused has committed
ch the accused is liable to be
Negotiable Instruments Act for ~hi
prosecuted.

the cheque to them, the

6. I submit that at the time of issuing
t there is no sufficient amount in his
accused was well aware of the fact tha
and hence the said cheque was
bank account to honour the cheque
dishonoured.

al notice to the accused

7. I state that the complainant had sent leg
used to pay the cheque amount of
on 08.12.2023, calling upon the acc
Forty-Five Thousand Six Hundred
Rs. 3,45,641/-(Rupees Three lakhs
the date of receipt of the notice. The
Forty-One only) within 15 days from

J
 . db ld rtment due to addres see left
accused said notice was returne y posta epa
withou t intimation on 11.12.2023 the accused failed and neglec ted to come
forward to pay the cheque amoun t and thereby the accuse d have commi tted
an offence under section 138 of the Negoti able Instrum ents Act.

8. I submit that the above compla inant is filed within time and
the compla inant's bank i.e. City Union Bank Limite d, Purasa iwakka m
Branch Chenna i 600 088 is within the limit of this Hon 'ble Court. Hence
'
this Hon'bl e Court has jurisdic tion to try the case.

9. I submit that the cause of action for the compla int arose on
29.08.2022 when the loan agreem ent was execut ed by the accuse d, when
the accused issued a cheque for a sum of Rs. 3,45,64 1/- (Rupee s Three
lakhs Forty- Five Thousa nd Six Hundr ed Forty- One only) bearing No.
000001 dated 18.11.2023 drawn on Karur Vysya Bank, T. Vellod e Branch ,
to and in favour of the compla inant, on 18.11.2 023 when the compla inant
present ed the said cheque to hi~ banker namely City Union Bank Limite d,
• ,I '

Anna Nagar Branch , Chenna i 600 040; on 20.11.2 023 when the
compla inant receive d the intitpation about the dishon our of the above
cheque was returne d with *e endors ement funds insuffi cient; on
08.12.2023 when the compla inant sent a deman d notice to the accused ,
deman ding the cheque amoun t of Rs. 3,45,64 1/- (Rupe es Three lakhs
Forty- Five Thous and Six Hundr ed Forty- One only) and subseq uently
on the dates when the accuse d failed and neglec ted to pay the cheque
amoun t and within the jurisdi ction of this Hon'bl e Court.

Therefo re, I most humbly pray that this Hon 'ble Court may be
pleased to summo n the accused, punish them accord ing to law-an d-order
compen sation of twice the cheque amoun t under section 357 of Cr.P.C . and
 pay the same to the complainant and pass such further or other orders as
this Hon'ble court may deem fit and proper in the circumstances of the case
and thus render justice.

Solemnly affirm at Chennai on this

The 7th day of July 2025 and BEFORE ME,
Sign her name in my presence.
\.A . /'-~'> ~\ t't
Advocate, Chennai
)

I~ I f
BEFORE THE LEARNED FAST TRACK- I,
M.M., AT, ALLIKULAM, CHENNAI

S.T.C. No. 5283 of 2024

SMEINTELLECT GROWTH CAPITAL

PRIVATE LIMITED,
Represented by its Authorized person
Mrs.RSUGANYA
Corporate Office at Door No.14 71
H Block, V5, 21st Street,
Anna Nagar, Chennai 600 040.
. . .Complainant.
-vs-
1. Mrs. S. Yuvarani,
Vadamugam, Vellode,
Erode-63 8112.

2. Mis. M. J.C. Yuvarani Tex,

Prop: Mrs. S. Yuvarani
#27, Thirumalaiswamy colony,
Vellode, Erode-638112.
. .. Accused

PROOF AFFIDAVIT OF
Mrs. R SUGANYA

Mis. G. NIVEDITA (3266/2018)

V.VIVEKANANDAN (17/2019)
R. KARTHIKRAJA (6466/2021)
Counsel for Complainant
MOB: 9500011578
Email :[email protected]