BEFORE The Hon`ble Court of LD A C M M
T I S H A Z A R I, D E L H I
M/s Quality of India
Through its Proprietor Mahendra agarwal……………………………………Complainant
v/s
1. Mr saurabh bansal
. Mr Rahul Bansal
3., Mr Ashok Bansal
4. M/s 4 Win consultants 4 win institute
R/o F 144 D main Market 2nd floor above sun diagnosys
Laxmi nagar, Entry from back side
Delhi 110092
[email protected],
ACCUSED
PoliceStation shakkarpur /Daryaganj
Complaint U/s 138 of the negotiable instruments act. And concealing the fact of issueing the cheque of their closed caccount/ account blocked. due to cheating intention IPC u/s 420.
1. That the complainanat is running a business of electronics item in the name and style of M/s Quality of India, having its registered office /shop at 10, Netaji subhash marg, Daryaganj, new delhi 110002.
2. That the complainant and accused were on business term one day the above accused had come and purchased certain electronic goods/items from the shop of the complainant and during the course of business transactions in discharge of money liability the complainant issued cheque a) 000021 31/`12 Kotak Mahindra bank, vikash marg, Delhi for Rs 15, 000/-
b) 614645 dated 26/2 Icici bank Connaught place branch Rs 10, 000/-
c) 792698 12/3/20`11 of ICICI Bank preet vihar branch 8, 140/-
d) 641774 dated 17/3 for Rs 22, 590/- That the value of all 4 cheques totaling Rs 55970/- and remaining Rs 17, 570/- was to be paid in cash towards the total bill value. The said cheque is annexed herewith Annexure C-1
3. That while issuing the said cheque both the accused had assured the complainant that the cheque will be honored at its presentation.
4. That the complainant presented the above cheque into his bank account Indian Overseas bank Darayaganj branch which were forwarded to his bankers for the collection of the payment of the said cheques but the same was returned unpaid by his banker alongwith returning memo with remarks Funds insufficient/account blocked/ account closed. The returning memo is annexed C-2
5. That the complainant intimated to the accused person regarding the fate of his cheque but no heed was paid by the accused person regarding the payment till date no payment has been made regarding the said cheque amount inspite of various request and reminders and through verbal telephonic discussions.
6. That therefore the complainant through his counsel send a legal notice dated 11/7 were sent by registered post and Courier whereby the accused were asked to pay the cheque amount within 15 days receipt of the legal notice. The copy of the said annexed as Annexure C-3 The copy of postal receipt and receipt of courier are annexed as annexed C-5.
7. That hence the accused has committed an offence under section 138 of negotiable instrument act thereby he is to be dealt with in accordance with the law being wrongfuil gain and thus causing wrongful loss to th complainant and have also committed act of cheating /fraud as defined u/s 420 I P C
8. That the cheque was presented by the complainant at Delhi and was dishonored at bank at Delhi the legal notice was also issued to the accused from Delhi hence this hon`ble court has jurisdiction to entertain this complaint towards the prosecution of the accused.
P R A Y E R
In view of the above it is most respectfully prayed before this hon`ble court that the accused may kindly be summoned tried and punished in accordance with law having committed the offence u/s 138 Negotiable Instrument act read with section 420 IPC for the aforesaid offence to meet the ends of justice.
It is further prayed before this Hon`ble court to pass any other or further order as this Hon`ble court may deem fit and proper to meet the ends of justice.
It is prayed accordingly.
Delhi COMPLAINANT
BEFORE The Hon`ble Court of LD A C M M
T I S H A Z A R I, D E L H I
Criminal complaint case no: of 2011
IN THE MATTER OF
Mahindra agarwal complainant
Versus
Saurabh Bansal & others Accused Persons
AFFIDAVIT
I, mahendra agarwal prop of M/s Quality of India at Hotel Neeru Building, 10 < Netaji subhash marg, Daryaganj, New Delhi 110002 do hereby solemnly affirm and declare as under:
1. That I am th deponent of present case and as such I am well conversant with the facts circumustances of the case as such competent to swear this affidavit.
2. That I have filled the present complaint case and the contents of the same have been drafted by me. The contents of the same are not repeated here for the sake of brevity.
DEPONENT
VARIFICATION:
Verified t Delhi on this day of July that the contents of this affidavit are true and correct to the best of my knowledge and nothing has been concealed therefrom.
DEPONENT
BEFORE The Hon`ble Court of LD A C M M
T I S H A Z A R I, D E L H I
CRIMINAL COMPLAINT CASE NO: of 2011
IN THE MATTER OF
Mahendra agarwal complainant
Saurabh bansal & others acused persons
LIST OF DOCUMENTS
1. Original cheque issued by the accused to the complainant bearing no: 000021, 614645, 792698, 641774
2. Original bank return memo dated 27/6 issued by the complainant bank.
3. True copy of legal notice dated 11/7 sent to the accused.
4. Any other documents to be relied upon letter, if required with the leave of this Hon`ble court.
Delhi
Dated COMPLAINANT
BEFORE The Hon`ble Court of LD A C M M
T I S H A Z A R I, D E L H I
CRIMINAL COMPLAINT CASE NO: of 2011
IN THE MATTER OF
Mahendra agarwal complainant
Saurabh bansal & others accused persons
LIST OF WITNESSES
1. Complainant
2. Concerned staff from ther complainant`s banker i.e Indian overseas bank Daryaganj branch pertaining to the record of aforesaid cheque.
3. Concerned staff from the accused banker i.e. kotak Mahindra bank vikash marg branch, ICICI Bank Preet vihar branch, ICICI Ban Connaught place branch, New Delhi
4. Concerned postal staff of Tis hazari
5. Any other witness with the leave of this Hon`ble Court.
Delhi
Dated COMPLAINANT
BEFORE The Hon`ble Court of LD A C M M
T I S H A Z A R I, D E L H I
CRIMINAL COMPLAINT CASE NO: of 2011
IN THE MATTER OF
Mahendra agarwal complainant
Versus
Saurabh bansal & others acused persons
EVIDENCE BY WAY OF AFFIDAVIT ON BEHALF OF THE COMPLAINANT
I Mahindra agarwal prop of M/s Quality of India at 10, N S Marg, Daryaganj, New delhi 110002 do solemnly affirm and declare as under:
1. That the deponent is running a business of electronics item in the name and style of M/s Quality of India, having its registered office /shop at 10, Netaji subhash marg, Daryaganj, new delhi 110002.
2. That the deponent and accused were on business term one day the above accused had come and purchased certain electronic goods/items from the shop of the complainant and during the course of business transactions in discharge of money liability the complainant issued cheque a) 000021 31/`12 Kotak Mahindra bank, vikash marg, Delhi for Rs 15, 000/-
b) 614645 dated 26/2 Icici bank Connaught place branch Rs 10, 000/-
c) 792698 12/3/20`11 of ICICI Bank preet vihar branch 8, 140/-
d) 641774 dated 17/3 for Rs 22, 590/- That the value of all 4 cheques totaling Rs 55970/- and remaining Rs 17, 570/- was to be paid in cash towards the total bill value. The said cheque is annexed herewith Annexure EX-1
3. That while issuing the said cheque both the accused had assured the complainant that the cheque will be honored at its presentation.
4. That the complainant presented the above cheque into his bank account Indian Overseas bank Darayaganj branch which were forwarded to his bankers for the collection of the payment of the said cheques but the same was returned unpaid by his banker alongwith returning memo with remarks Funds insufficient/account blocked/ account closed. The returning memo is annexed EX CW1/2-2
5. That the complainant intimated to the accused person regarding the fate of his cheque but no heed was paid by the accused person regarding the payment till date no payment has been made regarding the said cheque amount inspite of various request and reminders and through verbal telephonic discussions.
6. That therefore the complainant through his counsel send a legal notice dated 11/7 were sent by registered post and Courier whereby the accused were asked to pay the cheque amount within 15 days receipt of the legal notice. The copy of the said annexed as Annexure CW1/-3 The copy of postal receipt and receipt of courier are annexed as annexed CW1/4 to EX6 colly.
7. That hence the accused has committed an offence under section 138 of negotiable instrument act thereby he is to be dealt with in accordance with the law being wrongfuil gain and thus causing wrongful loss to th complainant and have also committed act of cheating /fraud as defined u/s 420 I P C
8. That the cheque was presented by the complainant at Delhi and was dishonored at bank at Delhi the legal notice was also issued to the accused from Delhi hence this hon`ble court has jurisdiction to entertain this complaint towards the prosecution of the accused.
Delhi
Dated DEPONENT
VERIFICATION:
Verifiation at Delhi on this day of July that the contents of above affidavit from paras 1 to 14 are true and correct to my knowledge and belief and nothing has been concealed therefrom.
DEPONENT
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