IN THE HON’BLE COURT OF ADDL.

CHIEF METROPOLITAN
MAGISTRATE, ROHINI COURTS, DELHI
COMPLAINT NO. _________2019

IN THE MATTER OF:

MR. BIJENDER KUMAR RAI
S/O RAJKARAN RAI
R/O HOUSE NO. 129,/45,
KHILONA BAGH, MODEL TOWN,
DELHI-110009 ………… COMPLAINANT

VERSUS

MR. DARPAN BLAGGAN

S/O-DEEPAK
R/O- RZF-1/125, GALI NO.-1
MAHAVIR ENCLAVE, SOUTH WEST
NEW DELHI-110045. …………… ACCUSED

P.S.: MODEL TOWN

COMPLAINT UNDER SECTION 138 R/W SECTION 142 OF

NEGOTIABLE INSTRUMENT ACT 1881, AS AMENEDED UPTO
DATE.

Hon’ble Sir,
Most respectfully submits as under:-

1. That the complainant is a law abiding and peace loving citizen of

India and is residing at the above given address. The copy of
Aadhar Card of the complainant is annexed herewith the
complaint as Annexure-A.

2. That the complainant is engaged in the business of supplying

cold drinks at Anand Vihar Railway Station to several stall
keepers.

3. That accused had a good friendly relation with the complainant

and regularly use to visit the complainant at Anand Vihar
Railway Station. The accused taking advantage of complainant’s
friendly behaviour asked the complainant for a friendly loan of
 Rs. 50,000/- for his personal necessities and the same was given
to the accused by the complainant in the following ways:- a. Rs
43,000 from his Account and b. Rs. 7,000 in cash in the month
of August 2019. At the time of taking the loan amount the
accused assured the complainant to pay this amount within one
month.

4. That after expiry of one month the complainant asked the

accused to repay the above said Rs. 50,000/- to which the
accused said that he needed some more time for the repayment
of the amount. For the security of the above mentioned amount
the accused handed over a cheque No. 000389 drawn on Axis
Bank for the sum of Rs. 50,000/- to the complainant on
13.09.2019. The original cheque dated 13.09.2019 is annexed
herewith the complaint as Annexure-B.

5. That to discharge the liability the accused issued the cheque as

follows in the name of the complainant :
Cheque No. Dated Amount Drawn on Bank
000389 13.09.2019 50,000/- AXIS BANK
Branch- Udog
Vihar, Gurgaon.

6. That on the accused assurance the complainant presented the

above said cheque on 16.09.2019 in his A/c at Axis Bank,
Branch-Derawal Nagar and the same was dishonoured by the
remark of “FUNDS INSUFFICIENT“ on 17.09.2019. The copy of
the returning memo dated 17.09.2019 of the cheque in question
bearing no. 000389 is annexed herewith the complaint as
Annexure-C

7. That after dishonor of cheque the complainant contacted the

accused for the asking the reason for dishour of the cheque to
which the accused replied that there is a shortage of Rs. 2,000 in
the accused account due to which the cheque was dishonor and
the accused further requested the complainant to present the
cheque after few days.
8. That on 20.09.2019, once again on the assurance of the
accused, the complainant presented the above said cheque on
20.09.2019 in his A/c at Axis Bank, Branch-Derewal Nagar and
the same was again dishonoured by the remark of “FUNDS
INSUFFICIENT“ on 21.09.2019. The copy of the returning memo
dated 21.09.2019 of the cheque in question bearing no. 000389
is annexed herewith the complaint as Annexure-D.

9. That after dishonor of the cheque the complainant contacted the

accused and asked him the reason for not maintaining enough
amount in his account for clearance of the above mentioned
cheque to which the accused assured the complainant that he
would repay the complainant Rs. 50,000/- as soon as possible
and requested the complainant not to take any legal action. The
accused further requested the complainant just to give him one
more week time for payment of the amount. Thinking about the
friendship the complainant agreed to give him one week time.

10. But after expiry of one week when the complainant tried to
contact the accused by calling him on his mobile number and
further by several visits to the accused but the accused was not
available and started avoiding the calls of the complainant.

11. That the acts of accused avoiding the calls of complainants

makes it very clear that the accused mischievously and
intentionally issued the aforesaid cheque with ulterior design and
knowing very well that the said cheque would be dishonoured on
account of “FUNDS INSUFFICIENT” from his bank account.

12. That even after giving him so much time by the complainant, the
accused did not pay the amount of Rs, 50,000/- for the
dishonoured cheque bearing Cheque No. 000389 drawn on Axis
Bank for the sum of Rs. 50,000/-.

13. That the complainant tried to contact the accused several times
on phone regarding the payment of amount but the accused did
not pick the calls of the complainant and still avoiding contact to
the complainant.
14. That thereafter having left with no option the complainant served
upon a legal notice to accused, through his counsel dated
04.10.2019 within limitations through Speed Post calling upon
the accused to made payment of the said cheque to the the
complainant within 15 days from the date of receipt of the said
legal notice, but till now the accused has neither replied the said
legal notice nor has made the payment of the said cheque to the
the complainant. The copy of legal notice dated 04.10.2019 is
annexed herewith the complaint as Annexure-E.

15. That on 04.10.2019 the complainant served upon a legal notice

to the accused by speed post and the same is received by the
accused on 05.10.2019, the copy of postal receipt is annexed
herewith the complaint as Annexure-F and print-out copy of
speed post tracking report is annexed with this complaint as
Annexure-G.

16. That the accused is signatory of the cheque in question. He had

issued and delivered the cheque to the complainant, towards the
discharge of his loan amount, but due to malafide dishonest
intention, the accused dishonoured the cheque. The accused is
fully aware about of his liabilities & were therefore liable to
ensure the payments of cheque on presentation.

17. That the accused have not made any payment to the
complainant regarding one dishonoured cheque bearing No.
000389 drawn on Axis Bank for the sum of Rs. 50,000/- and
therefore the complainant submits that the accused has
rendered himself liable to be prosecuted under the Negotiable
Instruments Act, 1881 as amended up to date since the accused
has willfully, flouted the provisions of the law & thereby cheated
the complainant.

18. That the cause of action first arose on in the month of August
when the accused took loan of Rs. 50,000/- from the
complainant. The cause of action further arose on dated
13.09.2019 when the accused issued the cheque bearing No.
000389 drawn on Axis Bank for the sum of Rs. 50,000/-
(cheque in question) to the the complainant. The cause of action
 further arose on dated 16.10.2019 when the complainant
presented the cheque in question bearing no 000389 drawn on
Axis Bank for the sum of Rs. 50,000/- for encashment and the
same was dishonoured on dated 17.10.2019 with the remark
“INSUFFICIENT FUNDS”. The cause of action further arose on
20.10.2019 when the cheque in question was again presented
for encashment and it was again dishonoured on dated
21.10.2019 with the remark of “INSUFFICIENT FUNDS.”. The
cause of action further arose when the accused stopped picking
the phone calls of the complainant and started ignoring the
complainant regarding payment of amount. The cause of action
further arose on dated 04.10.2019 when the complainant sent a
legal notice to the accused, through Speed Post and the same
was duly received by the accused. The cause of action further
arose when the accused deliberately and intentionally did not
reply the legal notice sent by the complainant. The cause of
action is still continues at the time of filing this complaint.

19. That the cheque in question bearing No. 000389 drawn on Axis
Bank for the sum of Rs. 50,000/- was presented by the
complainant within time limit and sent the legal notice to the
accused also within time limit and now this complaint is within
time period under the limitation Act.

20. That the cause of action arose within the jurisdiction of this
Hon’ble Court and the complainant is residing and having bank
account within the jurisdiction of this Hon’ble Court.

21. That this Hon’ble Court can tried and entertain this complained
and took cognizance of the offence committed by the accused.

PRAYER

It is, therefore most respectfully prayed that as the accused has

committed an offence Under Section 138 read with section 142 of the

Negotiable Instruments Act and this Hon’ble Court may be graciously

pleased to:-
 1. Summons, prosecute & punish the accused in accordance with

law as prescribed u/s 138 read with section 142 N.I. Act, 1881.

2. Pass necessary orders u/s 357 of the Criminal Procedure Code

1973 “& also U/s 117 of the N.I. Act & the amount of this cheque

in question along with the interest accrued thereon & the

litigation expenses i.e Rs 11,000/- incurred by the the

complainant, be paid to the complainant from amount which will

be imposed as fine by this Hon’ble Court on the accused.

3. Pass an order for interim compensation under section 143 (a) of

the N.I, Act, 1881.

4. Pass any other relief which this Hon’ble Court may deem fit &

proper in facts & circumstances of the case in favour of the the

complainant & against the accused.

It is prayed accordingly.

COMPLAINAN

DELHI
DATED:

THROUGH

SALMA & IMTIYAZ HUSSAIN

(COUNSEL FOR THE COMPLAINANT)

CHAMBER. NO. 432, CIVIL SIDE,

TIS HAZARI COURT, DELHI-54

MOBILE-8802361437
 IN THE HON’BLE COURT OF ADDL.CHIEF METROPOLITAN
MAGISTRATE, ROHINI COURTS, DELHI
COMPLAINT NO. _________2019

IN THE MATTER OF:

MR. BIJENDER KUMAR RAI ………… COMPLAINANT

VERSUS

MR. DARPAN BLAGGAN …………… ACCUSED

AFFIDAVIT

I, Mr. Bijender Kumar Rai, age about________years S/O Rajkaran Rai,

R/O House No. 129,/45, Khilona Bagh, Model Town, Delhi-110009, do
hereby solemnly affirm and declare as under:-

1. That I am the complainant in the above noted matter and is well

conversant with the facts and circumstances of the case.
2. That I have not filed any other criminal complaint u/s 138 read
with section 142 of the N.I Act, 1881 against the accused qua
the same cheque and qua the same transaction.
3. That the complaint under section 138 read with section 142 N.I
Act, 1881 has been drafted by my counsel under my instruction
and the same has been explained to me in vernacular language.
4. That the contents of this affidavit are true and correct to the best
of my knowledge and understanding and nothing has been
concealed there from.

DEPONENT

VERIFICATION:-
Verified at Delhi on this _____December 2019 that the contents of the
above affidavit are true and correct to the best of my knowledge and
belief. Nothing has been concealed there from.

DEPONENT
 IN THE HON’BLE COURT OF ADDL.CHIEF METROPOLITAN
MAGISTRATE, ROHINI COURTS, DELHI
COMPLAINT NO. _________2019

IN THE MATTER OF:

MR. BIJENDER KUMAR RAI ………… COMPLAINANT

VERSUS

MR. DARPAN BLAGGAN …………… ACCUSED

MEMO OF PARTIES

MR. BIJENDER KUMAR RAI

S/O RAJKARAN RAI
R/O HOUSE NO. 129,/45,
KHILONA BAGH, MODEL TOWN,
DELHI-110009 …………COMPLAINANT

VERSUS

MR. DARPAN BLAGGAN

S/O-DEEPAK
R/O- RZF-1/125, GALI NO.-1
MAHAVIR ENCLAVE, SOUTH WEST
NEW DELHI-110045. …………… ACCUSED

P.S.: MODEL TOWN

COMPLAINANT

DELHI
DATED:

THROUGH

SALMA & IMTIYAZ HUSSAIN

(COUNSEL FOR THE COMPLAINANT)

CHAMBER. NO. 432, CIVIL SIDE,

TIS HAZARI COURT, DELHI-54

MOBILE-8802361437
 IN THE HON’BLE COURT OF ADDL.CHIEF METROPOLITAN
MAGISTRATE, ROHINI COURTS, DELHI
COMPLAINT NO. _________2019

IN THE MATTER OF:

MR. BIJENDER KUMAR RAI ………… COMPLAINANT

VERSUS

MR. DARPAN BLAGGAN …………… ACCUSED

P.S.: MODEL TOWN

INDEX

S.NO. PARTICULARS PAGES C. FEE

1. CHECK LIST
2. MEMO OF PARTIES
3. COMPLAINT U/S 138 R/W
SECTION 142 OF N.I ACT, 1881
ALONG WITH AFFIDAVIT.

4. APPLICATION UNDER SECTION

143 (a) N.I, ACT, 1881 FOR
INTERIM COMPENSATION ALONG
WITH AFFIDAVIT.
5. LIST OF WITNESSESS
6. LIST OF DOCUMENTS
7. EVIDENCE BY WAY OF AFFIDAVIT
8. ANNEXURE-A
Original Cheque in Question
dated-13.09.2019
(exhibited as EX.CW1/A in
evidence affidavit)
8. ANNEXURE-B.
THE RETURNING MEMO DATED-
17.09.2019 OF CHEQUE IN
QUESTION BEARING NO- 000389
DRAWN ON AXIX BANK.
(exhibited as EX.CW1/B in
evidence affidavit)
10. ANNEXURE-C
THE RETURNING MEMO DATED-
21.09.2019 OF CHEQUE IN
 QUESTION BEARING NO- 000389
DRAWN ON AXIX BANK.
(exhibited as EX.CW1/C in
evidence affidavit)
11. ANNEXURE-D.
THE COPY OF LEGAL NOTICE
DATE- 04.10.2019
(Exhibited as EX.CW1/D in
evidence affidavit)
12. ANNEXURE-E.
POSTAL RECEIPTS
(exhibited as EX CW1/E in
evidence affidavit)
13. ANNEXURE-F
Print-out copy of the speed post
tracking report.
(MARKED AS MARK-X in
evidence affidavit)
14. Vakalatnama

COMPLAINANT

DELHI
DATED:

THROUGH

SALMA & IMTIYAZ HUSSAIN

(COUNSEL FOR THE COMPLAINANT)

CHAMBER. NO. 432, CIVIL SIDE,

TIS HAZARI COURT, DELHI-54

MOBILE-8802361437

IN THE HON’BLE COURT OF ADDL. CHIEF METROPOLITAN

MAGISTRATE, ROHINI COURTS, DELHI
COMPLAINT NO. _________2019

IN THE MATTER OF:

MR. BIJENDER KUMAR RAI ………… COMPLAINANT

VERSUS

MR. DARPAN BLAGGAN …………… ACCUSED

LIST OF DOCUMETNS

1. Copy of Aadhar Card of the complainant.

2. Original Cheque in question (Cheque No. 000389 drawn on Axix
Bank)
3. Original cheque returning memos date- 17.09.2019 and
21.09.2019
4. The copy of legal notice Dated 04.10.2019.
5. Original Postal Receipt showing dispatch of the legal notice.
6. Internet copy of tracking record showing proof of service of legal
notice to the accused.
7. Any other documents with the prior permission of the Hon’ble
Court.

COMPLAINANT

DELHI
DATED:

THROUGH

SALMA & IMTIYAZ HUSSAIN

(COUNSEL FOR THE COMPLAINANT)

CHAMBER. NO. 432, CIVIL SIDE,

TIS HAZARI COURT, DELHI-54

MOBILE-8802361437

IN THE HON’BLE COURT OF ADDL.CHIEF METROPOLITAN

MAGISTRATE, ROHINI COURTS, DELHI
COMPLAINT NO. _________2019

IN THE MATTER OF:

MR. BIJENDER KUMAR RAI ………… COMPLAINANT

VERSUS
MR. DARPAN BLAGGAN …………… ACCUSED

LIST OF WITNESSES

1. The complainant herself.

2. The officials/Clerk of Axis Bank, Gujrawala Town, Delhi
along with the records of cheque bearing number 000389
drawn on 13.09.2019.
3. The Officials/Clerk from the post office Saket Court
Complex, New Delhi
4. Any other witness with the due permission of Hon’ble
Court.

COMPLAINANT

DELHI
DATED:

THROUGH

SALMA & IMTIYAZ HUSSAIN

(COUNSEL FOR THE COMPLAINANT)

CHAMBER. NO. 432, CIVIL SIDE,

TIS HAZARI COURT, DELHI-54

MOBILE-8802361437

IN THE HON’BLE COURT OF ADDL.CHIEF METROPOLITAN

MAGISTRATE, ROHINI COURTS, DELHI
COMPLAINT NO. _________2019

IN THE MATTER OF:

MR. BIJENDER KUMAR RAI ………… COMPLAINANT

VERSUS

MR. DARPAN BLAGGAN …………… ACCUSED

 EVIDENCE BY WAY OF AFFIDAVIT

I, Mr. Bijender Kumar Rai, S/O Rajkaran Rai, R/O House No. 129,/45,
Khilona Bagh, Model Town, Delhi-110009, do hereby solemnly affirm
and declare as under:-

1. That the deponent is a law abiding and peace loving citizen of

India and is residing at the above given address. The copy of
Aadhar card of the complainant is exhibited as EX.CW1/A.

2. That the deponent is engaged in the business of supplying

cold drinks at Anand Vihar Railway Station to several stall
keepers.

3. That accused had a good friendly relation with the deponent

and regularly use to visit the deponent at Anand Vihar
Railway Station. The accused taking advantage of
complainant’s friendly behaviour asked the deponent for a
friendly loan of Rs. 50,000/- for the accused personal
necessities and the same was given to the accused by the
deponent by the following ways:- a. Rs 43,000 from his
Account and b. Rs. 7,000 in cash in the month of August
2019. At the time of taking the loan amount the accused
assured the deponent to pay this amount within one month.

4. That after expiry of one month the deponent asked the

accused to repay the above said Rs. 50,000/- to which the
accused said that he needed some more time for the
repayment of the amount. For the security of the above
mentioned amount the accused handed over a cheque No.
000389 drawn on Axis Bank for the sum of Rs. 50,000/- to
the deponent on 13.09.2019. The original cheque dated
13.09.2019 is exhibited as EX.CW1/B)

5. That to discharge the liability the accused issued the cheque

as follows in the name of the deponent :
Cheque No. Dated Amount Drawn on Bank
000389 13.09.2019 50,000/- AXIS BANK
 Branch- Udog
Vihar, Gurgaon.

6. That on the accused assurance the deponent presented the

above said cheque on 16.09.2019 in his A/c at Axis Bank,
Branch-Derawal Nagar and the same dishonoured by the
remark of “FUNDS INSUFFICIENT“ on 17.09.2019. The
original returning memo dated 17.09.2019 is exhibited as
EX.CW1/C.

7. That after dishonor of cheque the deponent contacted the

accused for the asking the reason for dishour of the cheque to
which the accused replied that there is a shortage of Rs.
2,000 in the accused account due to which the cheque was
dishonor and the accused further requested the deponent to
present the cheque after few days.

8. That on 20.09.2019, once again on the assurance of the

accused, the deponent presented the above said cheque on
20.09.2019 in his A/c at Axis Bank, Branch-Derewal Nagar
and the same was again dishonoured by the remark of
“FUNDS INSUFFICIENT“ on 21.09.2019. The original returning
memo dated 21.09.2019 is exhibited as EX.CW1/D.

9. That after dishonor of the cheque the deponent contacted the

accused and asked him the reason for not maintaining
enough amount in his account for clearance of the above
mentioned cheque to which the accused assured the
deponent that he would repay the deponent Rs. 50,000/- as
soon as possible and requested the deponent not to take any
legal action. The accused further requested the deponent just
to give him one more week time for payment of the amount.
Thinking about the friendship the deponent agreed to give
him one week time.

10. But after expiry of one week when the deponent tried to
contact the accused by calling him on his mobile number and
 further by several visits to the accused but the accused was
not available and started avoiding the calls of the deponent.

11. That the acts of accused avoiding the calls of complainants

makes it very clear that the accused mischievously and
intentionally issued the aforesaid cheque with ulterior design
and knowing very well that the said cheque would be
dishonoured on account of “FUNDS INSUFFICIENT” from his
bank account.

12. That even after giving him so much time by the deponent,
the accused did not pay the amount of Rs, 50,000/- for the
dishonoured cheque bearing Cheque No. 000389 drawn on
Axis Bank for the sum of Rs. 50,000/-.

13. That the deponent tried to contact the accused several

times on phone regarding the payment of amount but the
accused did not pick the calls of the deponent and still
avoiding contact to the deponent.

14. That thereafter having left with no option the deponent

served upon a legal notice to accused, through his counsel
dated 04.10.2019 within limitations through Speed Post
calling upon the accused to made payment of the said cheque
to the the deponent within 15 days from the date of receipt of
the said legal notice, but till now the accused has neither
replied the said legal notice nor has made the payment of the
said cheque to the the deponent. (The copy of legal notice
dated 04.10.2019 is exhibited as EX.CW1/E.

15. That on 04.10.2019 the deponent served upon a legal

notice to the accused by speed post and the same is received
by the accused on 05.10.2019, the copy of postal receipt is
exhibited as EX.CW1/E and print-out copy of speed post
tracking report is exhibited as EX.CW1/F.

16. That the accused is signatory of the cheque in question. He

had issued and delivered the cheque to the deponent,
towards the discharge of his loan amount, but due to malafide
dishonest intention, the accused dishonoured the cheque. The
 accused is fully aware about of his liabilities & were therefore
liable to ensure the payments of cheque on presentation.

17. That the accused have not made any payment to the
deponent regarding one dishonoured cheque bearing No.
000389 drawn on Axis Bank for the sum of Rs. 50,000/- and
therefore the deponent submits that the accused has
rendered himself liable to be prosecuted under the Negotiable
Instruments Act, 1881 as amended up to date since the
accused has willfully, flouted the provisions of the law &
thereby cheated the complainant.

18. That it is my true and correct statement.

DEPONENT

VERIFICATION:-

Verified at Delhi on ____December 2019, that the contents of

this affidavit are true

and correct and best of my knowledge.

DEPONENT

IN THE HON’BLE COURT OF ADDL. CHIEF METROPOLITAN

MAGISTRATE, ROHINI COURTS, DELHI
COMPLAINT NO. _________2019

IN THE MATTER OF:

MR. BIJENDER KUMAR RAI ………… COMPLAINANT

VERSUS

MR. DARPAN BLAGGAN …………… ACCUSED

APPLICATION UNDER SECTION 143 (a) N.I, ACT, 1881 FOR
INTERIM COMPENSATION TO THE COMPLAINANT.

MOST RESPECTFULLY SHEWETH:

1. That the complainant herein has preferred this complaint under

section 138 read with section 142 N.I Act, 1881 against the
accused.

2. That the complainant herein has stated all the facts in detail in
the complaint under section 138 read with section 142 N.I Act,
1881 and therefore for the sake of brevity the said facts are not
being repeated herein after.

3. The complainant crave leave of this Hon’be court to rely upon

the facts stated in the complaint under section 138 N.I Act, 1881
and same may be treated as part and parcel of the present
application.

4. That the complainant states that he has a good Prima facie case
and thereby the complainant would suffer irreparable loss if he
has not been awarded with interim compensation till the
pendency of this case.

PRAYER:

For the reasons and grounds disclosed above, it is therefore, in the

interest of justice and respectfully prayed that this Hon’ble court may
graciously be pleased:

a. Pass an order for interim compensation against the accused till

the pendency of this case.

b. Pass such and further order/relief and or direction as this Hon’ble

court may deem just proper in view of the facts and
circumstances of the case and in the interest of justice.

COMPLAINANT

DELHI
DATED:

THROUGH

SALMA & IMTIYAZ HUSSAIN

(COUNSEL FOR THE COMPLAINANT)

 CHAMBER. NO. 432, CIVIL SIDE,

TIS HAZARI COURT, DELHI-54

MOBILE-8802361437

IN THE HON’BLE COURT OF ADDL.CHIEF METROPOLITAN

MAGISTRATE, ROHINI COURTS, DELHI
COMPLAINT NO. _________2019

IN THE MATTER OF:

MR. BIJENDER KUMAR RAI ………… COMPLAINANT

VERSUS

MR. DARPAN BLAGGAN …………… ACCUSED

 AFFIDAVIT

I, Mr. Bijender Kumar Rai, age about_____years S/O Rajkaran Rai,

R/O House No. 129,/45, Khilona Bagh, Model Town, Delhi-110009, do
hereby solemnly affirm and declare as under:-

5. That I am the complainant in the above noted matter and is well

conversant with the facts and circumstances of the case.
6. That I have not filed any other criminal complaint u/s 138 read
with section 142 of the N.I Act, 1881 against the accused qua
the same cheque and qua the same transaction.
7. That the present application under section 143(a) N.I Act, 1881
has been drafted by my counsel under my instruction and the
same has been explained to me in vernacular language.
8. That the contents of this affidavit are true and correct to the best
of my knowledge and understanding and nothing has been
concealed therefrom.

DEPONENT

VERIFICATION:-
Verified at Delhi on this _____December 2019 that the contents of the
above affidavit are true and correct to the best of my knowledge and
belief. Nothing has been concealed there from.

DEPONENT