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    Knack Traders

    Uploaded by

    Taj xerox99

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd

    Knack Traders

    Uploaded by

    Taj xerox99
    20 views6 pages

    Copyright

    © © All Rights Reserved

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    Copyright:

    © All Rights Reserved
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    20 views6 pages

    Knack Traders

    Uploaded by

    Taj xerox99

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 6

    1

    IN THE CoURT OF FTC-V METROPOLITIAN MAGISTRATE


    COURT AT SAIDAPET CHENNAI
    C.C. NO. OF 2024
    M/s. Knack Traders,
    New No.78, Old No.233& 234,
    Peters Road, Royapettah,
    Chennai-600 014. ..Petitioner
    Vs
    M/s.Gears & Garage Restobar Chithiram Carrom Club,
    Anand Purchase Manager
    Old No.6, New No.13, Jaganathan Road,
    Nungambakkam,
    Chennai-600 034.
    GST No.33AADAC6061D1Z9 .Accused

    cOMPLAINT FILED UNDER SECTION 138 AND 141 OF THE


    NEGOTIABLE INSTRUMENTS ACT 1881 ASAMENDED BY ACT
    NO.S5 OF2002 AND AS AMENDED UP TO DATE READ WITH
    SECTIONS200 AND 357 (3 OF THECRIMINAL PROCEDURE CODE
    1973

    The Complainant most respectfully submits as follows:

    1. The Complainant is M/s. Knack Traders, Represented Complai K.M.

    Thameem Ansari, aged about 46, New No.78, Old No.233 & 234, Peters Road,

    Royapettah, Chennai-600 014.

    The address for service of all notices and processes is that of his counsels M/s.

    K. EZHUMALAI, M.H.MOHAMED AFZAL & ZENNATH Advocates

    having their office at No. 95, Additional Law Chamber, High Court Buildings,

    Chennai- 600 104


    2

    2. The Accused is M/s.Gears & Garage Restobar Chithiram Carrom Club,

    Old No.6, New No.13, Jaganathan Road, Nungambakkam, Chennai-600 034.

    The address for service of all summons and warrant on the accused is as

    stated above.

    3. The Complainant submits that the complainant is a dealer and supplier

    of Chicken meet. The Complainant submits that the accused had approached the

    complainant and requested him to supply the chickens meet to the accused. In

    of business relationship, the complainant had supplied chickens meet as


    pursuit

    per demand of the accused on regular basis for his business. During the business
    period the accused is liable to pay a sum of Rs.88,249/- (Rupees Eighty Eight

    Thousand Two Hundred Forty Nine only).

    4. The Complainant submits that the complainant approached the accused

    several times seeking payment of the said amounts advanced to the accused.

    The accused have turned deaf ear to the complainant's request and on several

    occasions the accused gave elusive reply and failed to discharge the amount.

    5. The Complainant submits that after repeated requests that the accused

    have issued cheque bearing No.122496 dated 16.11.2023 drawn on Axis Bank

    Ltd, Sterling Road Branch, Chennai-600 034 for a sum of Rs.88,249/- (Rupees

    Eighty Eight Thousand Two Hundred Forty Nine only) and the said cheque was
    3

    issued in the complainant's name i.e. Knack Traders, to discharge the said

    liability. That the complainant at the accused instance had presented the said

    Cheque with his Bank, ICICI Bank, Royapettah Branch, Chennai - 600 014 on

    17.11.2023 and the same was returned by the accused bank on the very same

    date for the reason "Funds Insufficient".

    6. The Complainant submits that the accused had issued cheque

    knowingfiully well that the accused is not having sufficient funds in his account.

    That the accused have knowingly and wontedly with a malafide intention to

    cheat the complainant, the accused have issued the said cheque without even

    having suficient funds in his account for which the accused are liable to be

    prosecuted under section 138 of the Negotiable Instrument Act and such of acts

    of the accused also amounts to cheating and criminal breach of trust. Hence, the

    accused is liable to be prosecuted under Sections 406, 417, 418 and 420 of IPC.

    5. The Complainant submits that the accused is liable to pay the outstanding

    amount due to the complainant. The Complainant therefore calls upon the

    accused to repay the total sum of Rs.88,249/- (Rupees Eighty Eight Thousand

    Two Hundred Forty Nine only), towards the dishonoured cheque amounts as

    stated supra.
    6. The
    Complainant submits that the accused was liable to pay the

    outstanding amount due to the


    complainant. The Complainant further submits
    that the accused was called upon to repay the total sum of Rs.88,249/- (Rupees
    Eighty Eight Thousand Two Hundred Forty Nine only) towards the dishonoured
    cheque amounts as stated supra. Based on this the complainant have issued a

    legal notice dated 13.12.2023 and send the same on 15.12.2023 to the accused
    to repay the dishonoured cheque amounts of Rs.88,249/- (Rupees Eighty Eight
    Thousand Two Hundred Forty Nine only) and the same was returned to the

    complainant on 20.12.2023.

    7. That on the above facts, the accused is liable to be


    prosecuted under

    section 138 of Negotiable Instrument Act 1881as amended to date.


    up

    8. The cause of action arose within the Jurisdiction of this Hon'ble


    Court,
    since the complainant office at New No.78, Old No.233 & 234, Peters Road,
    Royapettah, Chennai-600 014, which falls within the jurisdiction of this
    Hon'ble Court. The accused has committed criminal Act
    a
    punishable under
    section 138 of the Negotiable Instrument Act.

    9. The complainant submits that the complaint has been filed within the

    period of limitation prescribed under the Act and the cause of action for the

    complaint has arisen before this Hon'ble Court since the complainant's banker

    is situated within the


    jurisdiction of this Hon'ble Court.
    5

    It is therefore, prayed that this Hon'ble Court may be pleased to take case on

    file, issue summon to the accused, enquire into the matter and punish the

    accused with the maximum sentence and thus render justice.

    It is also prayed that this Hon'ble Court may be pleased to order payment

    of compensation out of the cheque amount under section 357(3) of CRPC, to the

    of Rs. 88,249/- (Rupees Eighty Eight Thousand Two


    complainant a sum

    Hundred Forty Nine only) and pass such further or other orders, as may be

    deemed fit and proper and thus renderjustice.

    Dated at Chennai on this the 25 day of January 2024.

    COUNSEL FOR COMPLAINANT COMPLAINANT

    LIST OF WITNESSES
    1. Complainant
    2. The Manager,
    ICICI Bank, Royapettah Branch,
    Chennai-600 014.

    3. The Manager
    Axis Bank Ltd,
    Sterling Road Branch,
    Chennai-600 034.

    Dated at Chennai on this the 25day of January 2024.

    COUNSEL FOR COMPLAINANT COMPLAINANT

    -
    6

    LIST OF DOCUMENTS FILED BY THE COMPLAINANT

    S.NO. DATE DESCRIPTION NATURE

    1 16.11.2023 Cheque No.122496 Xerox

    17.11.2023 Return Memo Xerox


    2

    13.12.2023 Legal Notice with postal receipt Xerox


    4

    20.12.2023 Return Cover Xerox


    5

    Dated at Chennai on this the 25 day of January 2024

    1
    COUNSEL FOR COMPLAINANT COMPLAINANT

    VERIFICATION

    I, K.M. Thameem Ansari, aged about 46, Rep by its M/s. Knack Traders,

    New No.78, Old No.233 & 234, Peters Road, Royapettah, Chennai-600 014, the

    do hereby verify and state that what is stated from


    complainant herein,

    paragraphs 1 to 9 are correct and true to best of my knowledge and belief.


    Dated at Chennai on this the 25 day of January 2024.

    COMPLAINANT

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