IN THE COURT OF THE CHIEF METROPOLITAN MAGISTRATE,

TIS-HAZARI COURT, NEW DELHI

COMPLAINT CASE NO.............. OF 2019

IN THE MATTER OF:

MR.RAKESH BHARGAVA
R/O 12/12, SHAKTI NAGAR,
NEW DELHI-110007 …….COMPLAINANT

VERSUS
SH. UMA SHANKAR SHARMA
PROP. OF M/S UMACHEM,
R/O 2ND FLLOR, 15 BUNGLOW ROAD,
KAMLA NAGAR, DELHI-110007

…….ACCUSEDPERSON

INDEX

S.NO. PARTICULARS Page

No.
1. MEMO OF PARTIES

2. COMPLAINT BY AND ON BEHALF OF THE

COMPLAINT UNDER SECTION 138 OF THE
NEGOTIABLE INSTRUMENTS ACT, 1881 READ
WITH OTHER APPLICABLE PROVISIONS OF
COMPLAINANT
THE N.I ACT 1881
3. LIST OF DOCUMENTS ALONG WITH THE
DOCUMENTS

4. LIST OF WITNESSES

5. EVIDENCE BY WAY OF AFFIDAVIT OF THE

COMPLAINANT

6. VAKALATNAMA

THROUGH
 COUNSEL

IN THE COURT OF THE CHIEF METROPOLITAN MAGISTRATE,

TIS-HAZARI COURT, NEW DELHI

COMPLAINT CASE NO.............. OF 2019

MEMO OF PARTIES

IN THE MATTER OF

MR.RAKESH BHARGAVA
R/O 12/12, SHAKTI NAGAR,
NEW DELHI-110007 …….COMPLAINANT

VERSUS
SH. UMA SHANKAR SHARMA
PROP. OF M/S UMACHEM,
R/O 2ND FLLOR, 15 BUNGLOW ROAD,
KAMLA NAGAR, DELHI-110007
…….ACCUSED
PERSON

COMPLAINANT

THROUGH

S.K NANDA
(ADVOCATE FOR THE COMPLAINANT)
D-143A, EAST OF KAILASH,
NEW DELHI-110065
 IN THE COURT OF THE CHIEF METROPOLITAN MAGISTRATE,
TIS-HAZARI COURT, NEW DELHI

COMPLAINT CASE NO.............. OF 2019

IN THE MATTER OF:

MR.RAKESH BHARGAVA
R/O 12/12, SHAKTI NAGAR,
NEW DELHI-110007 …….COMPLAINANT

VERSUS
SH. UMA SHANKAR SHARMA
PROP. OF M/S UMACHEM,
R/O 2ND FLLOR, 15 BUNGLOW ROAD,
KAMLA NAGAR, DELHI-110007

…….ACCUSEDPERSON

P.S- __________-

COMPLAINT FOR TAKING COGNIZANCE OF THE OFFENSE

COMMITTED UNDER SECTIONS 138, 141 & 142 OF THE
NEGOTIABLE INSTRUMENTS ACT, 1881 AMENDED UPTO
DATE.

MOST RESPECTFULLY SUDMITTED:-

1. That being aggrieved by the illegal and criminal act of the

accused person named above the complainant is filling

the present complaint and seeking justice before this

Hon’ble Court.

2. That the complainant is the permanent resident of the

above stated address, having roots in society and having

 good friendly and business relations with the accused

person from last few years.

3. That the present complaint is being filed by the

complainant regarding dishonour of Cheque issued by

Accused Person in favour of Complainant.

4. That the accused person approached the complainant to

bail out from the financial crisis and requested for

financial assistance for sum of Rs. 12, 50,000/- (Rs.

Twelve Lakh Fifty Thousand Only) in the month of January,

2018.

5. That the accused person requested the complainant for

the financial help on several occasion but the complainant

denied the same on each such occasion however, after

repeated request and on the assurance of the accused

person, the complainant in good faith and belief obliged

the accused person by providing his hard earned money

as a friendly loan to the tune of Rs.12, 50,000/- (Rs.

Twelve Lakh Fifty Thousand Only) in instalment on the

various occasion out of his pocket expenses which the

accused person promised to return within a short period of

time.

6. That thereafter the accused person started avoiding the

complainant and did not answer any of his calls. The

accused person was only making a fool of the complainant

 and had no intention of paying back the hard earned

money of the complainant.

7. The accused person has committed serious offences

involving grave acts of fraud, embezzlement and

misappropriation of funds of the complainant.

8. That when Complainant requested the Accused Person on

multiple occasions to return his hard earned money, at

last after much hue and cry the accused person handed

over a cheque of Rs. 12,50,000/- (Rupees Twelve Lakh

Fifty Thousand) to the Complainant and assured that the

said cheque shall be honoured on presentation.

9. That the details of the cheque which issued by the

accused in favour of the complainant are as follows:

a) Cheque No- 041956 drawn on Vijaya Bank, Chandni

Chowk Branch, Delhi-110006 dated-02.06.2019 of

Rs.12, 50,000/- (Rs. Twelve Lakh Fifty Thousand

Only) bearing A/c No. 600200300003565 issued in

favour of Sh. Rakesh Bhargava.

10. That at the time of the handing over the above said

cheque bearing no. 041956 the accused had assured the

complainant that the said cheque will be

honoured/encashed on presentation. Taking the above

assurance /representation as true, the complainant had

 accepted the above said cheque. That on the basis of

assurance given by the accused the complainant

presented the above said cheque in their respective

account in the State Bank of India, New Delhi during the

period of their validity on 03.06.2019 hoping that the

same would be enchased. However to the utter shock for

the complainant the said cheque were dishonoured. The

aforesaid cheque were returned unpaid vide returning

memo dated 25.07.2019 which stated the reason for

dishonour of the said cheques as “Payment Stop by

Drawer”. The return memos dated 25.07.2019 and the

cheques bearing no. 041956 drawn on VIJAYA Bank as

issued by the accused person to the complainant are

already filed with the complaint herein.

11. That the stoppage of payment after issuance of

aforementioned cheque by the accused is a serious

offence under the rigors of Negotiable Instrument and

therefore, the Hon’ble Court ought to take stern action

against the Accused Person and comply with the

legislative intent in incorporating deterrent provision

under the said Act.

12. That after the bouncing of the above cheque the

complainant contacted the accused and requested the

accused to honour the promise however, all the

assurances made by him were nothing but a bundle of

lies.
13. That the statutory notice under Section 138 was duly sent

to the Accused Person on 09.08.2019 which is well within

time limit of 30 days from the date of receipt of return

memo from Bank. It is stated that the said notice was

received by Accused Person on 16.08.2019 and despite

the service of the Statuary Notice, the accused person has

made any efforts to honour the aforementioned Cheque.

The legal demand notice dated 09.08.2019 and the postal

receipt along with the tracking report are filed with the

complaint.

14. That the cause of action for filing of the present complaint

arose after the expiry of 15 days of the receipt of the

aforesaid Legal Notice and due to non-payment of the

amount of the said cheque to the complainant.

15. That the Branch of the Bank in which the Cheque was

deposited is situated at Kamla Nagar and therefore it is

situated within the jurisdiction of this Hon’ble court and

thus instant Complaint Case is triable by this Hon’ble

Court.

16. That the accused person has thus committed the offence

punishable under Section 138 of the Negotiable

Instrument Act read with other applicable provision of law

and thus liable to be tried and punished by this Hon’ble

court .
17. That no other such same or similar complaint is pending

before any court in India or outside.

PRAYER

In view of the above-mentioned facts and

circumstances and settled legal principles it is most

humbly prayed that this Hon’ble court may graciously

be pleased to:

a) Take cognizance of the offence committed by

the Accused person under section 138 read with

other applicable provision of the Negotiable

Instrument Act and summon, try and punish the

accused person in accordance with law both by

way of imprisonment and fine equivalent to

twice the amount of the cheque for the offence

committed.

b) Pass and order for the payment of

compensation by the accused to the

complainant; and

c) Pass any such order/further order (s) which this

Hon’ble court deems fit and proper in the facts

and circumstances of the case and in the

interest of justice in favour of the complainant

and against the accused person.

 COMPLAIN
ANT

THROUGH

COUNSEL FOR THE COMPLAINANT

IN THE COURT OF THE CHIEF METROPOLITAN MAGISTRATE,

TIS-HAZARI COURT, NEW DELHI

COMPLAINT CASE NO.............. OF 2019

IN THE MATTER OF:

MR.RAKESH BHARGAVA
…….COMPLAINANT

VERSUS
SH. UMA SHANKAR SHARMA
PROP. OF M/S UMACHEM …….ACCUSEDPERSON

LIST OF DOCUMENTS FILED

1. Original cheque bearing no. _______drawn on VIJAYA Bank for

an amount of Rs.12, 50,000/- (Rs. Twelve Lakh Fifty

 Thousand Only) issued in the name of complainant i.e. Mr.

Rakesh Bhargava dated 02.06.2019

2. Original return memo dated 25.07.2019 received on _______

for the dishonour of cheque bearing no. 041956

3. Legal notice dated 09.08.2019 along with postal receipt and

the tracking report of the above legal notice.

COMPLAINANT

THROUGH

COUNSEL FOR THE COMPLAINANT

IN THE COURT OF THE CHIEF METROPOLITAN MAGISTRATE,

TIS-HAZARI COURT, NEW DELHI

COMPLAINT CASE NO.............. OF 2019

IN THE MATTER OF:

MR.RAKESH BHARGAVA
…….COMPLAINANT

VERSUS
SH. UMA SHANKAR SHARMA
PROP. OF M/S UMACHEM …….ACCUSEDPERSON

List of witnesses on behalf of complainant

1. Complainant Rakesh Bhargava

 2. Concerned officials of the VIJAYA BANK along with the
statement of account no. 600200300003565 of the accused
person regarding dishonoured cheque bearing no. 041956

3. Concerned officials of the State Bank of India, Kamla Nagar

New Delhi 110007 along with the statement of account no.
_____________ of the complainant.

4. Concerned officials from the post office of ___________ to

prove the delivery of the legal notice dated 09.08.2019

5. Any other witnesses.

COMPLAINANT

THROUGH

COUNSEL FOR THE COMPLAINANT

IN THE COURT OF THE CHIEF METROPOLITAN MAGISTRATE,

TIS-HAZARI COURT, NEW DELHI

COMPLAINT CASE NO.............. OF 2019

IN THE MATTER OF:

MR.RAKESH BHARGAVA
…….COMPLAINANT

VERSUS
SH. UMA SHANKAR SHARMA
PROP. OF M/S UMACHEM …….ACCUSEDPERSON

EVIDENCE OF COMPLAINT BY THE WAY OF AFFIDAVIT

I, Sh. Rakesh Bhargava, S/o Sh. ___________, R/o 12/12, Shakti

Nagar, New Delhi-110007 do hereby solemnly affirm declare as

under that:-

1. I say that I am the complainant in the present complaint

and competent to file the present complaint before this

Hon’ble Court and swear and affirm this affidavit as my

evidence.

2. I say that the complainant is the permanent resident of the

above stated address, having roots in society and having

good friendly and business relations with the accused

person from last few years.

3. I say that the present complaint is being filed by the

complainant regarding dishonour of Cheque issued by

Accused Person in favour of Complainant.

4. I say that the accused person approached me to bail out

from the financial crisis and requested for financial

assistance for sum of Rs. 12, 50,000/- (Rs. Twelve Lakh

Fifty Thousand Only) in the month of January, 2018.

5. I further say that the accused person requested the me for

the financial help on several occasion but I denied the

same on each such occasion however, after repeated

request and on the assurance of the accused person, I, in

good faith and belief obliged the accused person by

providing my hard earned money as a friendly loan to the

tune of Rs.12, 50,000/- (Rs. Twelve Lakh Fifty Thousand

 Only) in instalment on the various occasion out of his

pocket expenses which the accused person promised to

return within a short period of time.

6. I say that thereafter the accused person started avoiding

me and did not answer any of my calls. I further say that

accused person was only making a fool out of me and had

no intention of paying back my hard earned money.

7. I further say that the accused person has committed

serious offences involving grave acts of fraud,

embezzlement and misappropriation of funds of the

complainant.

8. I say that the when I requested the Accused Person on

multiple occasions to return my money at last after much

hue and cry the accused person handed over a cheque of

Rs. 12,50,000/- (Rupees Twelve Lakh Fifty Thousand) to me

and assured that the said cheque shall be honoured on

presentation.

9. I further depose that the details of the cheque issued by

the accused in my favour are as follows:

b) Cheque No- 041956 drawn on Vijaya Bank, Chandni

Chowk Branch, Delhi-110006 dated-02.06.2019 of

Rs.12, 50,000/- (Rs. Twelve Lakh Fifty Thousand

Only) bearing A/c No. 600200300003565 issued in

favour of Sh. Rakesh Bhargava.

10. I say that at the time of the handing over the above said

cheque bearing no. 041956 the accused had assured me

that the said cheque will be honoured/encashed on

presentation. I further say that taking the above

assurance /representation as true, I accepted the above

said cheque. I further depose that on the basis of

assurance given by the accused I presented the above said

cheque in my account in the State Bank of India, New Delhi

during the period of it’s validity on 03.06.2019 hoping that

the same would be enchased. I further say that to my utter

shock the said cheque got dishonoured. The aforesaid

cheque were returned unpaid vide returning memo dated

25.07.2019 which stated the reason for dishonour of the

said cheques as “Payment Stop by Drawer”. The Copy of

return memos dated 25.07.2019 and the cheques bearing

no. 041956 drawn on VIJAYA Bank as issued by the accused

person to me are exhibited herewith and marked as EX

CW1/ ___.

11. I further say that the stoppage of payment after issuance of

aforementioned cheque by the accused is a serious offence

under the rigors of Negotiable Instrument and therefore,

the Hon’ble Court ought to take stern action against the

Accused Person and thereby comply with the legislative

intent in incorporating deterrent provision under the said

Act.

12. I further say that after the bouncing of the above cheque I

contacted the accused and requested him to honour the

 promise however, all the assurances made by him were

nothing but a bundle of lies.

13. I further say that the statutory notice under Section 138

was duly sent to the Accused Person on 09.08.2019 which

is well within time limit of 30 days from the date of receipt

of return memo from Bank. I further say that the said

notice was received by Accused Person on 16.08.2019 and

despite the service of the Statuary Notice, the accused

person has not made any efforts to honour the

aforementioned Cheque. The Copy of legal demand notice

dated 09.08.2019 and the postal receipt along with the

tracking report is exhibited herewith and marked as EX

CW1/____.