BEFORE THE HONOURABLE JUDICIAL FIRST-CLASS MAGISTRATE OF THIRUVANATHAPURAM –XII CMP. No /2023 Between S P Sanjay, aged 36 years, S/o R Sankarankutty, residing at TC 17/331 (3), CRA-159,R K Bhavan, Chadiyara, Poojappura P.O, Thiruvananthapuram-pin 695012 Complainant And Austin Paul, Austin Bhavan Kadakkamon P.O., Pathanapuram, Kollam - 689695 - Accused COMPLAINT FILED UNDER SECTION 138 AND 142 OF NEGOTIABLE INSTRUMENT ACT READ WITH SECTION 200 OF CODE OF CRIMINAL PROCEDURE 1. The accused and the complainant are friends and acquainted to each other for quite some time. Being in a dominant capacity, the accused requested some money from the complainant as loan for personal purpose. The complainant blindly believing on sugar coated words of the accused, fell into his trap and agreed to repay the complainant the requisite amount. 2. That on 06/05/2023 the accused borrowed an amount of Rs 1,90,000/- (Rupees one lakh ninety thousand only) towards the discharge of the said debt/liability. The accused had issued a cheque bearing no. 000030 dated 06/05/2023 from SB A/c No; 50100356801042 of the accused with the HDFC Bank Ltd, Ground Floor, Haji Vilasom Building, Near Forest office, Pathanapuram, kollam-689685. 3. That, at the time of issuing of the aforementioned cheque, the accused informed as well as made the Complainant believe that there would be adequate funds in his account to honour the aforementioned cheque. 4. That, by honestly believing the words of the accused, the complainant presented the said cheque for collection and encashment with his banker, State Bank of India, Poojappura Branch, Thiruvananthapuram and the Accused’s bank dishonoured the cheque as “FUNDS INSUFFICIENT” in the account of the accused and the said matter was communicated to the complainant by way of dishonour memo dated 08/05/2023 through his bank, SBI, Poojapura Branch, Thiruvananthapuram. 5. Thereafter, the complainant had informed the aforesaid events to the accused. As per the directions, and bonafidely believing the words of the accused, once again the complainant had re-presented the aforesaid cheque through his bank, State Bank of India, Poojappura Branch, Thiruvananthapuram. Unfortunately, the said cheque, was again dishonoured on 09/06/2023 stating reason, “FUNDS INSUFFICENT”. 6. After getting the said information from the bank, the Complainant had approached the accused and explained everything in detail once again and requested to return the money. But the accused was not prepared to do so. 7. It is respectfully submitted that, the accused has issued the aforesaid cheque to the Complainant, without arranging sufficient funds to honour the same in his bank, with a most fraudulent intention to cheat and deceive the Complainant, that amounts an offence punishable under section 138 of the Negotiable Instrument Act, unless it is compensated within the stipulated time. Therefore, it is apparent from the above actions, that the accused has committed the said offence. 8. At the time of the cheque's issuance, the accused convinced the complainant that there would be sufficient cash in his account to honour the cheque. The Complainant have bonafidely believed the words of the accused. However, the accused has issued the said cheque without arranging sufficient funds in his account to honour the same. The accused has issued the cheque with a fraudulent and dishonest intention to deceive the complainant. 9. The complainant hence issued a Legal Notice on 07-07-2023 to the accused, requiring him to pay the total amounts due, within 15 days from the date of receipt of the notice. The aforesaid notice together with A/D was returned to the complainant stating reason “Addressee left India so RTS” and the said fact was intimated to the complainant on 10.07.2023. Thereafter, the brother of the accused contacted the counsel of the complainant and assured to repay the borrowed amount, unfortunately, all his assurance went in vain. In spite of laps of the statutory period, the accused neither complied with the requirement made in the advocate notice nor has sent any reply yet. Therefore, the accused has committed the offence under section 138 of Negotiable Instruments Act, 1881, and is liable for punishment. 10.The accused has signed, executed and issued the above cheque to the Complainant in discharge of a legally enforceable liability towards the Complainant. The Complainant duly presented the said cheque for payment through his banker, State Bank of India, Poojappura Branch, Thiruvananthapuram. The payee bank is situated within the jurisdiction of this Hon’ble Court. It is therefore, most humbly prayed that, this Hon’ble Court may be pleased to take cognizance on this complaint and appropriate punishment U/s 138 of the Negotiable Instruments Act. It is also humbly prayed that this Hon’ble Court may be pleased to order compensation U/s 357 of the Code of Criminal Procedure, as deemed just, fit and proper. All the facts stated above are true and correct to the best of my knowledge, information and belief. Dated this the 24th day of August, 2023 Complainant List of documents 1. Copy of cheque bearing no;000030 of HDFC Bank Ltd, Ground Floor, Near Forest office, Pathanapuram, kollam-689685 dated 06/05/2023 2. Copy of cheque return memo dated 08/05/2023 3. Copy of cheque return memo dated 09/06/2023 4. Returned advocate notice date 07/07/23 5. Acknowledgement card Advocate BEFORE THE HONOURABLE JUDICIAL FIRST-CLASS MAGISTRATE OF THIRUVANATHAPURAM –XII CMP. No /2023 Between S P Sanjay, aged 36 years, S/o R Sankarankutty, residing at TC 17/331 (3), CRA-159, R K Bhavan, Chadiyara, Poojappura P.O, Thiruvananthapuram-pin 695012 Complainant And Austin Paul, Austin Bhavan Kadakkamon P.O., Pathanapuram, Kollam - 689695 Accused AFFIDAVIT I, S P Sanjay, aged 36 years, S/o R Sankarankutty, residing at TC 17/331 (3), CRA159,R K Bhavan, Chadiyara ,Poojappura P.O, Thiruvananthapuram-pin 695012 do here by affirm and state as follows: 1) I am the complainant in this case and I know the facts of the case. I am competent to swear this affidavit. 2) I and the accused were friends and known to each other. 3) Due to the said acquaintance on 06/05/2023 the accused borrowed an amount of Rs 1,90,000/- (Rupees one lakh ninety thousand only) and towards the discharge of the said debt/liability the accused had issued a cheque bearing no; 000030 dated 06/05/2023 from SB A/c No; 50100356801042 of the accused with HDFC Bank Ltd, Ground Floor, Haji Vilasom Building, Near Forest office, Pathanapuram, Kollam-689685. 4) At the time of issuance of the above said cheque, the accused made me believe that, at the time of the presentation of the said cheque, there will be sufficient funds in his account for honouring the aforesaid cheque. However, I presented the said cheque for collection and encashment with my banker State Bank of India, Poojappura Branch, Thiruvananthapuram and the Accused’s bank dishonoured the above-mentioned cheque stating “FUNDS INSUFFICIENT” in his account, and the said matter was communicated to the complainant by way of dishonour memo dated 08/05/2023 through his bank, SBI, Poojapura Branch, Thiruvananthapuram. 5) Thereafter, I informed the aforesaid events to the accused and one again bonafidely believing the words of the accused, I re-presented the aforesaid cheque through his bank, State Bank of India, Poojappura Branch, Thiruvananthapuram. To my utter dismay, the said cheque, was again dishonoured on 09/06/2023 stating reason, “FUNDS INSUFFICENT 6) After multiple attempts and requests to the accused to return the money, I was obliged to file a legal notice a Legal Notice on 07-072023 to the accused, requiring him to pay the total amounts due, within 15 days from the date of receipt of the notice. The aforesaid notice together with A/D was returned to me, stating reason “Addressee left India so RTS” and the said fact was intimated to me on 10.07.2023. Thereafter, the brother of the accused contacted my counsel and assured to repay the borrowed amount, unfortunately, all his assurance went in vain. In spite of laps of the statutory period, the accused neither complied with the requirement made in the advocate notice nor has sent any reply yet. Therefore, the accused has committed the offence under section 138 of Negotiable Instruments Act, 1881, and is liable for punishment, hence this complaint. 7) The Original cheque is in my safe custody and it is undertaken that the same will be produced before this Honorable Court as and when those are directed to be produced by this Honorable Court. For the time being, the photocopy of the Cheque is produced along with this Complaint. I am filing this affidavit in support of the facts averred in this Complaint. 8) All the facts stated in the Complaint are true and may be read as part of this affidavit. All the facts stated above are true and correct to the best of my knowledge, information and belief. Dated this the 24th Day of August 2023. Complainant Solemnly affirmed and signed before me by the deponent whom I know personally on this the 24th Day of August 2023. Advocate BEFORE THE HONOURABLE JUDICIAL FIRST CLASS MAGISTRATE OF THIRUVANATHAPURAM –XII Cmp. No /2023 Between S P Sanjay, aged 36 years, S/o R Sankarankutty, residing at TC 17/331 (3), CRA-159,R K Bhavan, Chadiyara, Poojappura P.O, Thiruvananthapuram-pin 695012 Complainant And Austin Paul, Austin Bhavan Kadakkamon P.O., Pathanapuram, Kollam - 689695 Accused WITNESS SCHEDULE Points to be proved Remarks 1 To prove the complaint .. 2 -do- .. 3 -do- .. Sl. No. Name and Address of the Witness Mode of process for appearance/Su mmons Dated this the 24th day of August, 2023 Complainant Counsel of the Complainant BEFORE THE HONOURABLE JUDICIAL FIRST CLASS MAGISTRATE OF THIRUVANATHAPURAM –XII Cmp. No /2023 Between S P Sanjay -Complainant And Austin Paul - Accused COMPLAINT FILED UNDER SECTION 138 AND 142 OF NEGOTIABLE INSTRUMENT ACT READ WITH SECTION 200 OF CODE OF CRIMINAL PROCEDURE Sanish Sasi Raj House No.E5, Amba Nagar, AthiyarMadomKovil Lane, Near District Court Complex, Vanchiyoor, Tirvandrum-695035.
