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NARHAR BALWANT THAKUR LAW COLLEGE, NASHIK.

Practical Presentation for

MOOT COURT NO. 02

BEFORE

IN THE COURT OF THE JUDICIAL MAGISTRATE FIRST CLASS SHRIRAMPUR.

AT: - SHRIRAMPUR

SUMMARY CRIMINAL CASE NO. - 174 /2016

SHRIRAM CITY UNION FINANCE

LTD. Represented by its G.P. A
Holder and Authorized Signatory
Mr.Imran Babasah Pathan,
Age: 26 years, Legal Officer having
its Branch at Ashtavinayak Plaza,
Near Union Bank, Nava Maratha COMPLAINANT
Building, Main Road, Shrirampur-
413709
Having its Administrative office at
202/203. Monarch Plaza, II Floor,
Sector II. CBD. Belapur, Navi
Mumbai - 400 706,

Verses

MR. HAARIS MAMMU SHAIKH

AGE: - 34 YEARS, OCC: - BUSINESS
A/P SHAHI MANSHAN AGASHE ACCUSED
NAGAR SHRIRAMPUR- 413709
DIST - AHMEDNAGAR.

A CRIMINAL COMPLAINT UNDER

SECTION 138 OF THE NIGOTIABLE
INSTRUMENTSACT, 1881.

Student Advocate Appearing on behalf of Accused

Name: - Mr. Ganesh Krishnakumar Navandar

College: - N.B.T. Law College, Nashik.
Class: - LL.B.- III
Roll No. 48

FACULTY CO-ORDINATOR - PROF. Dr. B.G. Kaurani sir

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VAKALATNAMA

IN THE COURT OF THE JUDICIAL MAGISTRATE FIRST CLASS SHRIRAMPUR.

AT- SHRIRAMPUR

SUMMARY CRIMINAL CASE NO. - 174 /2016

SHRIRAM CITY UNION FINANCE

LTD.
Having its Branch at Ashtavinayak Plaza,
Near Union Bank, Nava Maratha COMPLAINANT
Building, Main Road, Shrirampur-
413709

Versus

MR. HAARIS MAMMU SHAIKH

AGE: - 34 YEARS, OCC: - BUSINESS
A/P SHAHI MANSHAN AGASHE ACCUSED
NAGAR SHRIRAMPUR- 413709
DIST - AHMEDNAGAR.

I/ We Accused MR. HAARIS MAMMU SHAIKH in habitant of

Criminal Complainant in the side matter hereby appoint Mr.
Ganesh Krishnakumar Navandar as Student Advocate to appear
and act for as my / our advocate / advocate’s for the said matter.

Witness my hand this 12 th day of February in the year 2018.

Accepted by
(Sd/-)
MR. Harris Mamu Shaikh
Accused
(Sd/-)
Student Advocate
(Mr. Ganesh K. Navandar)

Filed in Court JMFC Shrirampur

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SUMMARY CRIMINAL CASE NO. - 174 /2016

IN THE COURT JUDICIAL MAGISTRATE FIRST CLASS S HRIRAMPUR,

AT- SHRIRAMPUR.

SHRIRAM CITY UNION FINANCE

LTD.
HAVING ITS BRANCH AT ASHTAVINAYAK PLAZA, COMPLAINANT
NEAR UNION BANK, NAVA MARATHA
BUILDING, MAIN ROAD, SHRIRAMPUR-
413709

Verses

MR. HAARIS MAMMU SHAIKH

AGE: - 34 YEARS, OCC: - BUSINESS
A/P SHAHI MANSHAN AGASHE ACCUSED
NAGAR SHRIRAMPUR- 413709
DIST - AHMEDNAGAR.

A CRIMINAL COMPLAINT UNDER

SECTION 138 OF THE NIGOTIABLE
INSTRUMENTSACT, 1881.

MAY PLEASE YOUR HONOUR,

The Accused above named most humbly and respectfully

submits as under-

1. In above mentioned case the accused has given cheque No.

54298 of Nager Urban Cooperatives Bank Ltd. Shrirampur
Branch. The said cheque was deposited by the Complainant in its
account maintained by Axis Bank for Collection on 25/11/2015. The
said cheque was dishonored on 26/11/2015. And same was
communicated by the Axis Bank on 07/12/2015 to Complainant. The
complainant has issued legal notice to the accused on 06/01/2016
calling upon the accused to make the payment of the said unpaid
Cheque amount.

2. That the said cheque was deposited for the security purpose of the loan
but that given cheque was intentionally and falsely used for the
purpose of harassment of accused.

3. That in present case while issuing notice to accused and filing case into
Hon’ble court the Complainant has not followed the rules of negotiable
instrument It is as follows:

a) cheque No. 54298 was deposited by the Complainant in its

account maintained by Axis Bank for Collection on 25/11/2015.
The said cheque was dishonored on 26/11/2015. And same was
communicated by the Axis Bank on 07/12/2015. It was binding
to accused as per law to send demand notice during the period
from Dt 07/12/2015 to 05/01/2016 But there is delay of One
day to issued demand notice hence complainant breaks the rules
of Sec.138 of negotiable instruments act.
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b) Moreover it was mandatory to complainant to file complaint

against the accused in the court in in 45 days from the date of
issuing of notice as per mandate of Sec 138 of negotiable
instrument act. Accused received notice on 9/1/2016 and
thereafter it was mandatory to file complaint in 45 days I.e. on
22/02/2016 But complainant fail to filed complaint within
limitation. Hence the present complaint is liable to dismiss.

4. Hence accused most humbly prayed that -

a. The present complaint be dismissed with cost

b. Accused be Acquitted.

Date : 12.02.2018
Place: Shrirampur
(Sd/-)
Haaris Mammu Shaikh
Accused

(Sd/-)
Mr.Ganesh K. Navandar
Student Advocatefor Accused

VERIFICATION

I, accuse Mr. Haaris Mammu Shaikh, Age: - 34 YEARS, Occ: - Business,

R/o:- A/P Shahi Manshan ,Agashe Nagar, Shrirampur, Tal- Shrirampur,
Dist – Ahmednagar, do hereby state and declare on oath and solemnly
affirmation that the above-mentioned contents of para no. 1 to 3 are true and
correct as per my knowledge and belief, and I have signed hereunder.

Date : 12.02.2018
Place: Shrirampur
(Sd/-)
Haaris Mammu Shaikh
Accused

(Sd/-)
Mr.Ganesh K. Navandar.
(Student Advocate for Accused)
 SUMMARY CRIMINAL CASE NO. - 174 /2016

IN THE COURT JUDICIAL MAGISTRATE FIRST CLASS S HRIRAMPUR,

AT- SHRIRAMPUR.

SHRIRAM CITY UNION FINANCE

LTD.
HAVING ITS BRANCH AT ASHTAVINAYAK PLAZA COMPLAINANT
NEAR UNION BANK, NAVA MARATHA
BUILDING, MAIN ROAD, SHRIRAMPUR-
413709

V/S

MR. HAARIS MAMMU SHAIKH

AGE: - 34 YEARS, OCC: - BUSINESS
A/P SHAHI MANSHAN AGASHE ACCUSED
NAGAR SHRIRAMPUR- 413709
DIST - AHMEDNAGAR.

AFFIDAVIT OF ACCUSED

I, Accuse Mr. Haaris Mammu Shaikh, Age - 34 Years,

Occ. - Business, R/o – A/P Shahi Manshan ,Agashe Nagar, Shrirampur,
Tal- Shrirampur Dist – Ahmednagar do hereby state and declare on
oath and solemnly affirmation that-

1. I say that I am residing at the abovementioned address and is

Businessman and taking various crops and from the income
of the said Business he is earning bread and butter for myself
and my family.

2. I say that In above mentioned case, the I have given cheque

No. 54298 of Nager Urban Cooperatives Bank Ltd. Of
Shrirampur Branch. The said cheque was deposited by the
Complainant in its account maintained by Axis Bank for Collection
on 25/11/2015. The said cheque was dishonored
on 26/11/2015. And same was communicated by the Axis Bank
on 07/12/2015 to Complainant. The complainant has issued legal
notice to the accused on 06/01/2016 calling upon the accused to
make the payment of the said unpaid Cheque amount.

3. I say that in present case while issuing notice to me and filing case
into Hon’ble court the Complainant has not followed the rules of
negotiable instrument. It is as followes:

a. cheque No. 54298 was deposited by the Complainant in its

account maintained by Axis Bank for Collection on
25/11/2015.

b. The said cheque was dishonored on 26/11/2015. And same

was communicated by the Axis Bank on 07/12/2015. It was
binding to accused as per law to send demand notice during
the period from Dt 07/12/2015 to 05/01/2016 But there is
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delay of One day to issued demand notice hence complainant

breaks the rules of 138 of negotiable instruments act.

Hence accused most humbly prayed that,

1. The present complaint be dismissed with cost
2. Accused be Acquitted.

Date : 12.02.2018
Place: Shrirampur
(Sd/-)
Haaris Mammu Shaikh
Accused

(Sd/-)
Mr.Ganesh K. Navandar.
Student Advocate for Accused

VERIFICATION

I, accuse Mr. Haaris Mammu Shaikh, Age: - 34 YEARS,

Occ: - Business, R/o:- A/P Shahi Manshan ,Agashe Nagar, Shrirampur, Tal-
Shrirampur Dist – Ahmednagar, do hereby state and declare on oath and
solemnly affirmation that the above-mentioned contents of para no. 1
to 3 are true and correct as per my knowledge and belief, and I have
signed hereunder.

Date : 12.02.2018
Place: Shrirampur (Sd/-)
Mr. Haaris Mammu Shaikh
Accused

(Sd/-)
Mr. Ganesh K. Navandaar
(Student Advocate for Accused)
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Summary Criminal Case No. 174/2016

IN THE COURT JUDICIAL MAGISTRATE FIRST CLASS SHRIRAMPUR,

AT- SHRIRAMPUR.

SHRIRAM CITY UNION FINANCE LTD. } COMPLAINANT

V/S

MR. HAARIS MAMMU SHAIKH } ACCUSED

LIST OF DOCUMENTS

Sr. No. Particulars Date

1. Returned Envelop 22.10.2011

01 document is filed in this Hon’ble Court.

Date : 12.02.2018
Place: Shrirampur (Sd/-)
Mr.Harris Mamuu Shaikh
Accused

(Sd/-)
Mr. Ganesh K. Navandar
(Student Advocate
ForAccused)
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Summary Criminal Case No. 174/2016

IN THE COURT JUDICIAL MAGISTRATE FIRST CLASS SHRIRAMPUR,

AT- SHRIRAMPUR.

SHRIRAM CITY UNION FINANCE LTD. } COMPLAINANT

V/S

MR. HAARIS MAMMU SHAIKH } ACCUSED

ADDRESS MEMO BY THE COMPLAINANT

A/P SHAHI MANSHAN AGASHE

NAGAR SHRIRAMPUR- 413709
DIST - AHMEDNAGAR.

This is address memo.

VERIFICATION

I, accuse Mr. Haaris Mammu Shaikh, Age: - 34 YEARS,

Occ: - Business, R/o:- A/P Shahi Manshan ,Agashe Nagar, Shrirampur, Tal-
Shrirampur Dist – Ahmednagar, do hereby state and declare on oath and
solemnly affirmation that the above-mentioned contents is true and
correctas per my knowledge and belief, and I have signed hereunder.

Date : 12.02.2018
Place: Shrirampur (Sd/-)
Mr Harris Mammu Shaikh
Accused

(Sd/-)
Mr.Ganesh K. Navandar
(Student Advocatefor
Accused)
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Summary Criminal Case No. 174/2016

IN THE COURT JUDICIAL MAGISTRATE FIRST CLASS SHRIRAMPUR,

AT- SHRIRAMPUR.

SHRIRAM CITY UNION FINANCE

LTD. } COMPLAINANT

V/S

MR. HAARIS MAMMU SHAIKH } ACCUSED

ISSUES AND WRITTEN ARGUMENTS BY COMPLAINANT

Issue No. 1 :-
Whether the cheque bearing no. 54298 is issued by the
accused to the complainant in discharge of his legal
debt or liability?

Your honor,

Your honour, The accused availed a personal loan from the

complainant bank on 13.01.2011 and agreed a terms and
conditions of the loan and also issued a blank cheque no.
54298 in favor of the complainant for the security of the
said loan.

The accused fail to repay within time and became a

defaulter, said cheque misused by this complainant and
deposited in accused account maintained in Nager Urban
Cooperative Ltd, Shrirampur. Said cheque was returned by
the banker with remark of “Funds Insufficient” in accused
account. But accused issued this cheque no. 54298 for the
security not for any discharge of liability or dues of the
accused. Hence it is a sufficient proof for accused not issued
this cheque for his debt and as per that the issue no. 1 is
satisfied in negative by Accused.
Issue No. 2 :-
Whether the said cheque w a s dishonored for the reason
“Insufficient Funds” in the account of accused?

Your honor,

The accused issued above mentioned blank cheque no.

54298 for the security of the loan, not for the legal liability.
Therefore accused is not liable to maintain sufficient
balance in his account and also complainants not inform
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the accused about this cheque was despite in bank for

encashment, complainant misused this cheque depositing
the security cheque for encashment.

The Accused is not have any knowledge about his cheque

deposited, hence accused is not made any offence under
the Negotiable Instrument Act, 1881 and as per that the
issue no. 2 is satisfied in negative by Accused.

Issue No. 3:-

Whether the accused served with legal demand notice
dated9th February 2016 ?
Your honor,

After the cheque returned to the complainant by the

banker with the remark of “Insufficient Funds”, the
complainant issued a legal demand notice u/s 138
negotiable instruments Act against the accused by his legal
practitioner Adv. Vijay Namdeo More on 6/01/2016. It was
received to accused on 9-01-2016 . Complainant ought to
file the complaint on 22-2-2016 within limitation laid down
by statutory period u/s 138 of Negotiable instruments Act
but Complainant failed to File the complaint within
limitation. The complainant failed to file application of
delay condonation.

For satisfaction of point of delay I have filed the authority

of Hon’ble Guwahti HC Gautam Saikia v/s Diganta
Sarmaha (2009 STPL 553) In this case Hon’ble HC held
that cognizance not possible without condoning delay. In
this case the complainant filed the complaint after expiry of
limitation hence, he present complaint is not maintainable
in the eyes of law. The complainant failed to prove his case
beyond reasonable doubt.

Hence the Accused most humbly and respectfully prays

that-

i. The accused may kindly be acquitted.

ii. Complainant kindly be punished for misuse of the

security Cheque.

iii. Any other orders in the interest of justice kindly be

passed infavor of Accused.

Place: Shrirampur (Sd/-)

Mr.Ganesh K. Navandar
(Student Advocatefor Accused)