1
IN THE COURT OF HON’BLE CHIEF JUDICIAL
MAGISTRATE, AMRAVATI
S.C.C. No /2020
Complainant:- ABC
Age:- __years, Occu: _______,
R/o:________,
________Amravati.
Versus
Accused:- XYZ,
Age ____,
Occu:- _______________
(within the limits of Frezarpura
Police Station, Amravati)
COMPLAINT FOR OFFENCE PUNISHABLE U/S 138
OF NEGOTIABLE INSTRUMENTS ACT
The complainant named above humbly begs to state and
submit as under:
1. That the accused is and has been dealing in the business
of computers, laptops and accessories under the
proprietorship named ‘XYZ Computing’ at the
abovementioned address.
2
2. That on 01-03-2013 complainant had paid the accused
Rs.1,00,000/- by way of cheque bearing no.XXXXX
dt.01-03-2013 as an advance towards delivery of two
laptops of HP company with i-7 processor. But the same
weren’t delivered by the accused to the complainant
under the false pretext that the business of the accused
was running in loss. On several requests made by the
complainant for said delivery the accused just delayed the
delivery for the same reason mentioned above.
3. That the complainant had even on several occasions
asked for the refund of the advance money of
Rs.1,00,000/- paid by him to the accused and the
accused under the false promise of the said delivery never
agreed to repay the advance money neither did the
accused deliver him the laptops.
4. That after several requisitions made by the complainant
to the accused, the accused executed a written
acknowledgement on dt. 24/12/2017 in favour of the
complainant thereby acknowledging the payment received
by the accused and non-delivery of laptops against the
same advance payment. In the said acknowledgment the
accused further promised the complainant to pay back
the advance money of Rs.1,00,000/- as soon as possible.
5. That the complainant again approached the accused
several times for refund of advance money as promised
by the accused in the above mentioned written
acknowledgment and in the month of February 2020, in
3
pursuance of said promise the accused issued a cheque
bearing no. XXXXXX for the sum of Rs.1,00,000/- dt.
25/02/2020 in favour of the complainant drawn upon
Akola Urban Co-operative Bank Ltd., Rajapeth branch,
Amravati.
6. Thereby the complainant presented the said cheque
issued by the accused to his bankers – UCO bank,
Amravati branch on 25-02-2020 and to his utter surprise
the said cheque was dishonored by bankers of accused on
26-02-2020 for the reasons that the funds in account of
accused held with the Akola Urban Co-op bank Ltd, were
found to be insufficient to honor the cheque.
7. That thereafter the complainant issued a notice via
registered post A.D., through his counsel, Adv. XYZ, to
the accused on 16-03-2020 thereby calling upon him to
pay the amount of dishonoured cheque i.e. Rs. 1,00,000/-
within 15 days of receipt of the notice.
8. That the said notice was received by the accused on
17.03.2020. However the accused has not complied with
the same and thereby has not paid the complainant the
amount of Rs. 1,00,000/- nor has replied to the said
notice.
9. That the accused is legally liable to pay the amount of
dishonoured cheque i.e. Rs.1,00,000/- to the complainant.
10. That the complainant is herewith paying the requisite
court fee stamp of Rs.2,000/- on the amount of
dishonoured cheque i.e. Rs. 1,00,000/- as per the
4
provisions of article 18 of schedule I of Maharashtra
Court Fees Act.
11. That the complainant resides in Amravati and the cheque
so dishonoured was presented by the complainant to his
bankers in their branch in Amravati and also the accused
carries his business in Amravati, within the jurisdiction of
this Hon’ble Court and therefore this Hon’ble Court has
the jurisdiction to try and decide this complaint.
12. That the complainant is filing the documents as per the
list attached herewith and seeks permission to file such
other documents as maybe found necessary during the
pendency of this complaint.
13. That the complainant has not filed any previous
complaint in respect of the same cause of action against
the accused.
Prayer :- It is therefore humbly prayed that, this Hon’ble
court may be pleased to:-
i) Try and punish the accused as per the
provisions of section 138 of Negotiable
Instruments Act.
ii) Direct the accused to pay Rs. 1,00,000/-
and further Rs.1,00,000/- towards
compensation to the complainant with
interest @18% p.a. by way of
compensation as per the provisions of
law.
5
iii) Pass any other order deemed fit by this
Hon’ble Court in the circumstances of
the case.
Submitted this on .06.2020.
------------------------
Complainant
List of witnesses of complainant
1. Complainant himself.
2. Concerned employee of UCO Bank, Amravati branch.
3. Concerned employee of Akola Urban Co-operative Bank
Ltd, Rajapeth branch, Amravati.
4. One more witness.
Notes of Limitation
i. Cheque dt.25-02-2020 bearing no. XXXXXX for the
amount of Rs.1,00,000/-
ii. Memo of complainant’s banker dt.26.02.2020
iii. Legal notice by the complainant to the accused in
regards of dishonour of cheque was sent on
dt.16.03.2020
iv. Notice received by the accused on 17.03.2020
v. Cause of action arose on 1st day of April 2020
vi. Complaint filed on .__.2020, is well within limitation
as the limitation has been extended vide order dt.06-
6
05-2020 of Hon’ble Supreme Court in suo motu Writ
Petition no. 3/2020.
________________ _______________
Counsel for complainant Complainant
7
IN THE COURT OF HON’BLE CHIEF JUDICIAL
MAGISTRATE, AMRAVATI
S.C.C. No /2019
ABC
V/s
XYZ
VERIFICATION AND AFFIRMATION
I, ABC, Age: __ years, Occu: Retired, R/o:
___________________Amravati., the complainant in this
mater do hereby take oath and state on solemn affirmation that
the cheque in question is issued by the accused to me, is out of
financial transaction towards the repayment of advance due
towards me from the accused. I have not filed any other case
against the accused u/s 138 of the Negotiable Instrument act
before any other court in India.
Hence, I have verified, signed and sworn this on day of
June 2020 at Amravati.
-------------------------------
( Deponent )
I know and identify
the Deponent
(Advocate)
