IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE,
KKD COURT, NEW DELHI
CC NO. OF 2024
IN THE MATTER OF:
M/s XYZ Pvt Ltd …Complainant
Versus
M/s ABC Pvt Ltd & Anr. …Accused
COMPLAINT UNDER SECTION 142 READ WITH SECTION 138 AND SECTION 141 OF NEGOTIABLE INSTRUMENT ACT, 1881
MOST RESPECTFULLY SHOWETH:
- That the Complainant is a Company duly registered under the provisions of The Companies Act, 1956 having it’s office at _________and is engaged in the business of marketing, sales, and supply of servo voltage stabilizers, automatic voltage stabilizers, etc under the brand name “TRUSTSTAR”. True and correct copy of the incorporation certificate of the Complainant Company is being annexed herewith as ANNEXURE-A-1.
- That the present complaint is being filed by M/s XYZ Pvt Ltd through Mr. Brijesh Kumar, Accountant of the Complainant Company, who is duly authorized by the Board of Directors Resolution dated 30.10.2023 to execute, sign, verify, institute and withdraw the present Complaint on behalf of the Complainant company. Original Board of Directors Resolution dated 30.10.2023 is being annexed herewith as ANNEXURE-A-2.
- That the Accused No.1 is a Private Limited Company and the Accused No. 2 namely Mr. Mayank is the Managing Director of the Accused No.1 Company who is also the signatory of the cheque in question issued on behalf of the Accused No.1. That the Accused No.2 is in charge of the Accused No.1 Company and is responsible for the day to day affairs of the said Company. True and correct copy of the Printout taken from the GST portal and MCA portal showing the status of the Accused No.1 as Private Limited Company and Accused No.2 as Managing Director of Accused No.1 Company are being annexed herewith as ANNEXURE-A-3.
- That the facts leading to filing of the present complaint arose when the accused persons visited the office of the Complainant situated at ________ for purchase of certain goods. Following extensive discussions and multiple rounds of negotiation between the Complainant and the accused persons, the latter placed an order with the Complainant for the supply of 500 KVA Voltage Stabilizer along with Lubricant Oil.
- That pursuant to the valid and confirmed order of the accused persons, the Complainant duly supplied a 500 KVA Voltage Stabilizer along with Lubricant Oil worth of Rs.7,08,000/- (Rupees Seven Lakhs and Eight Thousand only) to the accused persons vide an invoice bearing No. SP/UP/23-24/814 and E-way bill no.491411810875 both dated 10.02.2024. True and correct copy of the invoice and the E-way bill are being annexed herewith as ANNEXURE-A-4 (Colly).
- That after utilizing the abovementioned goods for a considerable period and expressing complete satisfaction with the goods sold by the Complainant, Accused No.2 issued a cheque bearing no 450923 amounting to Rs.7,08,000/- (Rupees Seven Lakhs and Eight Thousand only) drawn on State Bank of India having its branch at ________ from the account maintained by Accused No.1 in favor of the Complainant. The said cheque bearing no.450923 was drawn by the Accused persons in furtherance of discharge of its liability against the purchase of abovementioned goods. Original cheque bearing no 450923 is being annexed herewith as ANNEXURE-A-5.
- That the Accused persons handed over the cheque bearing no.450923, having filled in the amount in words to the complainant for the abovementioned purchase. However, the Accused persons requested the Complainant to hold the presentment of the said cheque for some time until the Accused persons arrange the funds covering cheque amount.
- That in order to maintain the amicable relations with the Accused Persons, the Complainant initially refrained from presenting the cheque in question for some time. Subsequently, relying on the assurances of the Accused Persons regarding honoring of the cheque in question, the Complainant presented the cheque bearing no. 450923 dated 01.06.2024 for encashment during it’s validity period with it’s banker i.e. Punjab National Bank, Branch _____, Delhi. However, to the complainant’s utter shock and dismay, the said cheque got dishonored and was returned unpaid by it’s banker vide return memo dated 05.06.2024 with the remark “Payment Stopped by Drawer”. Original Return Memo dated 05.06.2024 is being annexed herewith as ANNEXURE-A-6.
- That subsequently, the Complainant informed the accused persons regarding the dishonor of the said cheque and contacted the accused persons numerous times requesting the payment of cheque amount of Rs.7,08,000/- (Rupees Seven Lakhs and Eight Thousand only) however, no heed was paid to the requests of the complainant by the accused persons.
- That the conduct of the accused persons in deliberately avoiding the payment of the cheque amount to the complainant is unethical and demonstrates mala fide intent to defraud the complainant and to unlawfully extort the Complainant’s hard earned money.
- That following the dishonor of the cheque in question, the Complainant within prescribed time sent a Legal Notice dated 28.06.2024 U/s 138 read with Section 141 of the Negotiable Instrument Act,1881 to the Accused persons through Speed post and WhatsApp, whereby the Accused persons were called upon to make the payment of the Cheque amount bearing No.450923 within 15 days from the receipt of the said Legal Notice as required by law. It is submitted that the Legal Notice was duly delivered via speed post to the respective addresses of the accused persons and also through WhatsApp. Original Legal Notice and postal receipt along with Proof of Delivery are being annexed herewith as ANNEXURE-A-7 (Colly).
- That despite the receipt of the Legal Notice dated 28.06.2024, the Accused persons have failed to make the payment of the cheque amount of Rs.7,08,000/- (Rupees Seven Lakhs and Eight Thousand only) within the stipulated period of time in consequence of which the present complaint is being filed.
- That from the aforesaid sequence of facts, it is evident that the Complainant is entitled to receive a sum of Rs.7,08,000/- (Rupees Seven Lakhs and Eight Thousand only) from the Accused persons and the cheque in question was issued by the Accused persons to discharge their Legal liability. However, the dishonor of the said cheque coupled with lack of any response or payment of the amounts covered by the cheque, even after the receipt of the legal notice has necessitated the filing of the present complaint. The Accused persons failure to make the payment of cheque amount of Rs.7,08,000/- (Rupees Seven Lakhs and Eight Thousand only) have resulted into the commission of the offence under Section 138 read with Section 141 of the N.I. Act thereby rendering the accused persons liable for prosecution and trial in this case.
- That since the accused persons did not make the payment of the cheque amount in question, despite receipt of the Legal Notice dated 28.06.2024, the Complainant is left with no alternative but to file the present complaint under clause (b) of section 142 against the accused persons seeking the summoning, trial and punishment of the accused persons for the offence committed under Section 138 read with Section 141 of the Negotiable Instrument Act, 1881.
- That the cause of action to file the present complaint has arisen on account of the fact that despite the receipt of the legal notice dated 28.06.2024 sent by the Complainant to the accused persons U/s 138 of NI Act, no payment has been received by the Complainant within the stipulated time period as required by Law.
- That this Hon’ble Court has territorial jurisdiction to entertain, try, adjudicate and punish the accused persons as the complainant maintains it’s bank account with Punjab National Bank having it’s branch at ______New Delhi which is situated within the territorial jurisdiction of this Hon’ble Court. This Hon’ble Court has territorial jurisdiction to adjudicate the present case as the cheque in question was presented for encashment by the Complainant with it’s Banker i.e. Punjab National Bank having it’s branch at _______ New Delhi and the same got dishonored within the territorial jurisdiction of this Hon’ble Court and therefore the offence under section 138 read with Section 141 of Negotiable Instrument Act has been committed under the local jurisdiction of this Hon’ble court.
- That the present complaint is being filed within the limitation period and there is no delay in filing the present complaint.
- That there are no other or similar proceedings pending in any court of law concerning the subject matter of the present complaint.
PRAYER
In view of the above-mentioned facts and circumstances, it is most respectfully and humbly prayed that this Hon’ble Court may kindly be pleased to: –
a. Summon, prosecute and punish the above-mentioned accused persons under Section 138 read with Section 141 of Negotiable Instrument Act 1881 in the interest of justice and direct the accused persons to pay double the amount of Rs.7,08,000/- covered by the Cheque bearing No.450923 dated 01.06.2024 drawn on State Bank of India, having its Branch at ________alongwith the same amount as fine and compensation as per Section 395 of The Bharatiya Nagarik Suraksha Sanhita, 2023, and/or
b. Pass any other order/s which this Hon’ble Court may deem fit and proper in the interest of justice.
Complainant (Through AR)
NEW DELHI
Dated: Through
Amaresh Singh Advocate
