Criminal Complaint No 204/2019

BEFORE THE COURT OF LEARNED CHIEF JUDICIAL MAGISTRATE,

IN THE MATTER OF:

Shri Harjinder Singh S/o Shri Rajinder Singh

R/o H No. 42, 141 Vijay Nagar near football chowk,

Jalandhar 144002.

COMPLAINANT

VS

Shri Sukhwinder Singh S/o Bhagwant Singh

R/o H No.61/1 Lal Nagar gole, market model town

Jalandhar 144003

ACCUSED

Complaint Under Section 138 R/W Section 142 Of The Negotiable Instruments
Act, 1881:

The complainant above named most respectfully submits present complaint as stated
here under:

1. That the Complainant is residing at H No. 42, 141 Vijay Nagar near football
chowk, Jalandhar 144002.
2. That the present complaint is being field by the complainant Shri Harjinder
Singh S/o Shri Rajinder Singh to cause appearance in this Hon’ble Court and to
depose and conduct the proceedings.
3. That on 5.3.2018 the accused namely Shri Sukhwinder Singh S/o Bhagwant
Singh had approached the complainant personally with one of his friend namely
Shri Balwinder Singh S/o Harichand Singh and asked for friendly loan of Rs.
10 Lakh.
4. That on 5.3.2018 the complainant paid Rs. 10 lakh (Rupees ten lakhs) as
friendly loan and it was orally agreed that for one year the accused will pay 10%
interest on the principal amount of Rs. 1 Lakh.
5. That towards payment of amount of loan the accused issued Cheque No.
“473792” Dated 5.3.2019 for Rs. 11 Lakh to the complainant. That in order to
discharge their above said liability and in accordance with the agreed terms and
conditions, the accused had issued Cheque No. “473792” Dated 5.03.2019 for
Rs. 11,00,000/- drawn on 5.3.2019 from Bank of Baroda Jalandhar City, Main
Branch. The said cheque was issued from Account No. 5237690023677235
which is held in the name of the accused. That the present complaint is based on
the dishonor of the above said cheque which was issued in discharge of a lawful
debt.
6. That at the time of handing over the above said cheque the accused had assured
the complainant that the said cheque will be honored/encashed on presentation.
Taking the above assurance/representation as true, the complainant had
accepted the above said cheque. That on the basis of the assurances given by the
accused, the complainant presented the above said cheque with its bankers
namely State Bank of India, Jalandhar City Main Branch. The aforesaid cheque
was returned unpaid vide returning memo dated 9.03.2019 with the remarks
“FUNDS INSUFFICIENT”.
7. That the dishonor of the cheque clearly shows and establishes that the accused
did not intend to honor the amount under the said cheque.
8. That on account of the dishonor of the said cheque, the complainant had served
a legal notice dated 25.03.2019 upon the Accused by way of Registered Post
vide Receipt No. RP823879780IN dated 25.03.2019However, despite service of
notice, the accused has not taken any steps to liquidate his liability and has
failed to make balance payments to the complainant towards the amount
 covered under the said cheque, within the statutory period of 15 days or
thereafter. Thus, the Accused has, therefore committed an offence within the
meaning of Section 138 and other sections of the amended provisions of the
Negotiable Instruments Act, 1881, for which he is liable to be prosecuted and
punished.
9. That the accused have failed to make payment against the said cheque which
has been done by them malafidely, intentionally and deliberately and
knowingly. That at the time of issuing the said cheques the accused were fully
aware that the said cheques will not be honored on presentation. Therefore, the
accused has dishonestly induced the complainant to advance a sum of
11,00,000/- (Rupees Eleven Lakhs Only) fully knowing that he cannot repay the
said amount to the complainant.
10. That the accused is guilty of offence under Section 138, Negotiable Instruments
Act .
11. That in view of the facts and circumstances, the complainant has a cause of
action and right to file the present complaint. The cause of actions has arisen in
favour of the complainant when, on the expiry of the notice period, the Accused
has not come forward to pay the amount relating to the dishonored cheques. The
cause of action is still subsisting and continuing in nature.
12. That the cause of action has arisen at Jalandhar as the cheques was issued at
Jalandhar, and the same was payable at Jalandhar and was also dishonored at
Jalandhar . Therefore this Hon’ble Court has jurisdiction to try and adjudicate
upon the present complaint.
13. That the offence has been committed within the local limits of the jurisdiction of
this Court, and hence, this Hon'ble Court has jurisdiction to try and decide this
complaint.
14. That the necessary court-fee is paid herewith.
15. That the complaint is well within limitation period prescribed under the Act:
i. Date of Dishonor 9.3.2019
ii. Date of Notice 25.3.2019
iii. Date of filing Complaint 30.04.2019
16. That a list of documents and witnesses are annexed with this complaint.
 PRAYER
It is, therefore, most respectfully prayed that this Hon’ble Court may be pleased
to:
a. Summon, prosecute and punish the Accused and also direct the accused to pay
the amount as double to the amount covered under the said dishonored cheques,
under the provisions of Section 138 read with Section 142 of the Negotiable
Instruments Act,1881 as amended by the Negotiable Instrument laws (Amended
and Miscellaneous Provisions) Act, 2002. In accordance with Section 357 of Code
of Criminal Procedure 1974, out of the penalty imposed, the Accused be ordered to
compensate the Complainant to the extent of Rs.11,00,000 /- (Rupees Eleven
Lakhs Only) and
b. Such other and further orders may be passed as may be deemed fit and proper by
this Hon’ble Court.

It is prayed accordingly.

PLACE: Jalandhar

DATED: 30.04.2019                                                                            

COMPLAINANT

THROUGH :
ADVOCATE

JASLEEN KAUR

ABASSOCIATES
 BEFORE THE COURT OF LEARNED CHIEF JUDICIAL MAGISTRATE,
LOVELY PROFESSIONAL UNIVERSITY, JALANDHAR

Harjinder Singh Versus Sukhwinder Singh

In the matter of Complaint Under Section 138 R/W Section 142 Of The Negotiable
Instruments Act, 1881

AFFIDAVIT

I, Harjinder Singh S/o Shri Rajinder Singh R/o H No. 42, 141 Vijay Nagar near football
chowk, Jalandhar do hereby solemnly affirm and declare as under:

That the present complainant, do hereby state on solemn affirmation that the contents of
this complaint in paras 1 to 16 are true and correct to the best of my knowledge and belief,
and so I have signed hereunder.

Verification:

Verified that the contents of the affidavit are true and correct to the best of my knowledge
and belief and nothing has been concealed therein.

Verified at Jalandhar

Dated: 30.04.2019 Harjinder Singh

Deponent
 BEFORE THE COURT OF LEARNED CHIEF JUDICIAL MAGISTRATE,
LOVELY PROFESSIONAL UNIVERSITY, JALANDHAR

Case no. 204/2019

Harjinder Singh Vs. Sukhwinder Singh

In the matter of Complaint Under Section 138 Of The Negotiable Instruments Act,
1881.

List of documents enclosed with the Complaint

The deponent/complainant is enclosing the following documents along with the complaint:

1. Exhibit 1- Cheque No. 473792 dated 05.03.2019 of amount Rs. 11,00,000/-.

List of witnesses

1. Branch Manager- Sudhir Sharma