IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE,
PATIALA HOUSE COURTS, NEW DELHI
Complaint Case No.________of 2019
IN THE MATTER OF:
Ravi Kumar @ Ravi Kumar Singh …..Complainant
VERSUS
M/S HBN Dairies & Allied Ltd.& Anr. ..…Accused
INDEX
S.NO. Particulars Pages C. Fee
1. Memo of Parties
2. Complaint U/s 138 R/W Section142
of NI Act as amended up-to date
alongwith affidavit in support
3. List of witnesses
4. List of Documents along with documents
5. Evidence by way Affidavit
6. Vakalatnama
Filed By
( Avinash N. Sharma & Santosh Kumar)
Advocate
Chamber No. 689, Patiala House Courts,
New Delh-110001. Mob.
New Delhi
Dated: .09.2019
IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE,
PATIALA HOUSE COURTS, NEW DELHI
Complaint Case No.________of 2019
IN THE MATTER OF:
Ravi Kumar @ Ravi Kumar Singh …..Complainant
VERSUS
M/S HBN Dairies & Allied Ltd.& Anr. ..…Accused
MEMO OF PARTIES
Mr. Ravi Kumar @ Ravi Kumar Singh
S/o Sh. Awadh Kishor
R/o H.No. A-3, Sanjay Camp,
, Delhi-110021 ……. Complainant
VERSUS
1. M/S HBN Dairies & Allied Ltd.
2. Ms. Jasbeer Kaur , Director
M/S HBN Dairies & Allied Ltd.
Office: 5th Floor , D- Mall, Plot – D
District Centre, Paschim Vihar,
New Delhi- 110063
ALSO AT
Office-IIIrd Floor, Vardhman Chamber,
Sonia Complex, Vikas Puri,
New Delhi – 110058 ……. Accused
Filed By
(Avinash N. Sharma & Santosh Kumar)
Advocate
Chamber No. 671, Patiala House Courts,
New Delh-110001. Mob.
New Delhi
Dated: .09.2019
IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE,
PATIALA HOUSE COURTS, NEW DELHI
Complaint Case No.________of 2019
IN THE MATTER OF:
Mr. Ravi Kumar @ Ravi Kumar Singh
S/o Sh. Awadhesh Kishor
R/o H.No. A-3, Sanjay Camp,
, Delhi-110021 ……. Complainant
VERSUS
1. M/S HBN Dairies & Allied Ltd.
2. Ms. Jasbeer Kaur , Director
M/S HBN Dairies & Allied Ltd.
Office: 5th Floor , D- Mall, Plot – D
District Centre, Paschim Vihar,
New Delhi- 110063
ALSO AT
Office-IIIrd Floor, Vardhman Chamber,
Sonia Complex, Vikas Puri,
New Delhi – 110058 ……. Accused
P.S. Mandir Marg
COMPLAINT UNDER SECTIONS 138 READ WITH SECTION 142 OF THE NEGOTIABLE INSTTRUMENTS ACT, 1881, AS AMENDED UP-TO-DATE
Sir,
MOST RESPECTFULLY SHOWETH:-
1. That the complainant is a young person of 23 years of age and the accused no.1 is the Limited Company incorporated and registered under the Companies Act, 1956 and accused no.2 is the director of the said Company. The ID proof of the complainant is annexed hereto.
2. That the complainant had taken one policy with the accused company bearing Certificate No. D08D06210 and Plan no. D/5Y6M which term runs from 11.07.2017 to 11.01.2018.
3. That as per the terms and conditions of the Said Policy, complainant have deposited with the accused company Rs. 33,000/- ( Rupees Thirty Three Thousand only) in total by way of the monthly installments of Rs. 500. Some of the payment receipts are annexed herewith.
4. That after completion of the term of the said Policy , accused company had refunded Rs. 45,550/- ( Rupees Forty
Five Thousand Five Hundred Fifty only) through a cheque bearing no.386373 dated 20.06.2019 drawn on Punjab National Bank , Community Centre , Janakpuri , New Delhi-110058 which was duly signed by the accused no.2 , the director of the company as authorized signatory. That the accused assured the complainat that the said cheque is good for payment and would be honoured by their bankers upon presentation by the complaiant. The above said original cheque is annexed herewith.
5. That the complainant presented the said cheque bearing no.386373 dated 20.06.2019 drawn on Punjab National Bank , Community Centre , Janakpuri , New Delhi-110058 with his banker i.e, Bank of Baroda, Branch Dr. RML Hospital, New Delhi for encashmetn. However, to utter shock and surprise of the complainant, the same was dishonoured and returned unpaid by the bankers of the accused i.e. Punjab National Bank , Community Centre , Janakpuri , New Delhi vide Memo dated 30.06.2019 with the reason of insufficient funds. Cheque Returning Memo dated 30.06.2019 is annexed herewith.
6. That accused company was duly informed about the dishonor of the said cheque by the complainant as soon as he received the cheque dishonoured memos, but they did not respond to this matter.
7. That ultimately the complainant sent a legal notice to the accused through his Advocate by Redg. A.D. on 27.07.2019 calling upon to make the payment of the abovesaid cheque amount within the stipulated period. However, despite the Legal Notice being duly served upon, the accuse company and its director neither replied nor paid the cheque amount to the complainant. The office copy of the Legal Notice along with proof of service is annexed herewith.
8. That the above facts make it abundantly clear that accused no.1 & 2 have mischievously and intentionally issued the aforesaid cheque with the ulterior designs knowing fully well that the said cheque would not be honoured on presentation on account of insufficiency of funds in their account.
9. That at the time the offence was committed by the accused company, the accused no. 2 holding the position of the director, was in charge of , and responsible for the business of the company who has also signed the cheque as an authorized signatory.
10. That the complaint is being filed within the limitation period as prescribed by law and with all the original documents.
11. That the Hon’ble Court has the necessary territorial jurisdiction to try and entertain the matter.
PRAYER
It is , therefore, respectfully prayed that the present complaint be registered by this Hon’ble Court and action be initiated against the accused under Sections 138 and 142 of the Negotiable Instruments Act, 1881 and the accused be summoned and tried and be punished in accordance with the law for the offence committed by him.
It is also prayed that this Hon’ble Court may be pleased to award compensation to the complainant as per Section 357 Cr.P.C.
Complainant
Through
( Avinash N. Sharma)
Advocate
Chamber No. 671, Patiala House Courts,
New Delh-110001. Mob.
New Delhi
Dated: .09.2019
IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE,
PATIALA HOUSE COURTS, NEW DELHI
Complaint Case No.________of 2019
IN THE MATTER OF:
Ravi Kumar @ Ravi Kumar Singh …..Complainant
VERSUS
M/S HBN Dairies & Allied Ltd.& Anr. ..…Accused
AFFIDAVIT
I, Ravi Kumar @ Ravi Kumar Singh, aged about 23 years S/o Sh. Awadhesh Kishor, R/o H.No. A-3, Sanjay Camp , Delhi-110021 do hereby solemnly affirm and declare as under:-
1. That I am the complainant in the said complaint and am well conversant with the facts and circumstances of the case and am competent to swear this affidavit.
2. That accompanying complaint U/s 138 R/W 141 of N.I. Act, has been drafted by my counsel under my instructions and contents of the same have been explained to me in vernacular and understood by me and the same are not being repeated herein for the same of brevity and may be read as part and parcel of this affidavit.
3. This is my true and correct statement.
DEPONENT
VERIFICATION
Verified at New Delhi on this day of September, 2015 , that the contents of my above affidavit are true and correct to the best of my knowledge and belief and nothing material has been concealed therefrom
DEPONENT
IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE,
PATIALA HOUSE COURTS, NEW DELHI
Complaint Case No.________of 2019
IN THE MATTER OF:
Ravi Kumar @ Ravi Kumar Singh …..Complainant
VERSUS
M/S HBN Dairies & Allied Ltd.& Anr. ..…Accused
LIST OF DOCUMENTS
1. ID Proof of the Complainant
2. Original Receipts of payment
3. Original Cheque of 45,550/- dt. 20.06.2015
4. Original Cheque returning memo dated 30.06.2015
5. Legal Notice and original postal Receipt dt. 27.07.2015
Complainant
Through
(Avinash N.Sharma & Santosh Kumar)
Advocate
Chamber No. 689, Patiala House Courts,
New Delh-110001. Mob.
New Delhi
Dated: .09.2019
IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE,
PATIALA HOUSE COURTS, NEW DELHI
Complaint Case No.________of 2019
IN THE MATTER OF:
Ravi Kumar @ Ravi Kumar Singh …..Complainant
VERSUS
M/S HBN Dairies & Allied Ltd.& Anr. ..…Accused
LIST OF WITNESSES
1. The Complainant , Ravi Kumar @ Ravi Kumar Singh
2. Manager / Bank Clek, Bank of Baroda, Branch Dr. RML Hospital, New Delhi (Banker of Complainant).
3. Manager / Bank Clek, Punjab National Bank , Community Centre , Janakpuri , New Delhi-110058 (Banker of Accused).
4. Post Master / Clerk of Post Office
5. Any other witness with the permission of this Ho’ble Court.
Filed By
(Avinash N. Sharma & Santosh Kumar)
Advocate
Chamber No. 671, Patiala House Courts,
New Delh-110001. Mob.
New Delhi
Dated: .09.2019
IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE,
PATIALA HOUSE COURTS, NEW DELHI
Complaint Case No.________of 2019
IN THE MATTER OF:
Ravi Kumar @ Ravi Kumar Singh …..Complainant
VERSUS
M/S HBN Dairies & Allied Ltd.& Anr. ..…Accused
EVIDENCE BY WAY OF AFFIDAVIT
I, Ravi Kumar @ Ravi Kumar Singh, aged about 23 years S/o Sh. Awadhesh Kishor, R/o H.No. A-3, Sanjay Camp , Delhi-110021 do here by solemnly affirm and declare as under:-
1. That the deponent is the complainant in the said complaint and is well conversant with the facts and circumstances of the case and is competent to swear this affidavit.
2. That the deponent is a young person of 23 years of age and the accused no.1 is the Limited Company incorporated and registered under the Companies Act, 1956 and accused no.2 is the director of the said Company.
3. That the deponent had taken one policy with the accused company bearing Certificate No. D08D06210 and Plan no. D/5Y6M which term runs from 11.07.2017 to 11.01.2018.
4. That as per the terms and conditions of the Said Policy, the deponent has deposited with the accused company Rs. 33,000/- ( Rupees Thirty Three Thousand only) in total by way of the monthly installments of Rs. 500. Some of the payment receipts are exhibited as Ex. CW1/A (Colly).
5. That after completion of the term of the said Policy , accused company had refunded Rs. 45,550/- ( Rupees Forty
Five Thousand Five Hundred Fifty only) through a cheque bearing no.386373 dated 20.06.2019 drawn on Punjab National Bank , Community Centre , Janakpuri , New Delhi-110058 which was duly signed by the accused no.2 , the director of the company as authorized signatory. That the accused assured the deponent that the said cheque is good for payment and would be honoured by their bankers upon presentation by the deponent. The above said original cheque is exhibited as Ex. CW1/B.
6. That the deponent presented the said cheque bearing no.386373 dated 20.06.2019 drawn on Punjab National Bank , Community Centre , Janakpuri , New Delhi-110058 with his banker i.e, Bank of Baroda, Branch Dr. RML Hospital, New Delhi for encashmetn. However, to utter shock and surprise of the deponent, the same was dishonoured and returned unpaid by the bankers of the accused i.e. Punjab National Bank , Community Centre , Janakpuri , New Delhi vide Memo dated 30.06.2019 with the reason of insufficient funds. Cheque Returning Memo dated 30.06.2019 is exhibited as Ex. CW1/C.
7. That the accused company was duly informed about the dishonor of the said cheque by the deponent as soon as he received the cheque dishonoured memos, but the accused company did not respond to this matter.
8. That ultimately the deponent sent a legal notice to the accused through his Advocate by Redg. A.D. on 27.07.2018 calling upon to make the payment of the above said cheque amount within the stipulated period.
However, despite the Legal Notice being duly served upon, the accuse neither replied nor paid the cheque amount to the deponent. The office copy of the Legal Notice dated 27.07.2019 is exhibited as Ex.CW1/D and Postal Receipt is exhibited as Ex. CW1/E.
9. That the above facts make it abundantly clear that accused no.1 & 2 have mischievously and intentionally issued the aforesaid cheque with the ulterior designs knowing fully well that the said cheque would not be honoured on presentation on account of insufficiency of funds in their account.
10. That at the time the offence was committed by the accused company, the accused no. 2 holding the position of the director, was in charge of , and responsible for the business of the company who has also signed the cheque as an authorized signatory.
11. That the complaint is being filed within the limitation period as prescribed by law and with all the original documents.
12. That the deponent has not filed any other or similar complaint in respect to the abovesaid cheque before this Hon’ble Court or in any other court of law.
13. That the complaint is being filed within the limitation period as prescribed by law and with all the original documents. That the present complaint , the contents of which are correct is exhibited as Ex. CW1/F and the same is signed at Point ‘A’ by the deponent.
DEPONENT
VERIFICATION:
Verified at New Delhi on this day of September, 2019 that the contents of the above affidavit are true and correct to the best of my knowledge and no part of this affidavit is false and nothing material has been concealed therefrom.
DEPONENT
Comments (13038)