BEFORE THE FAST TRACK COURT AT POONAMALLEE

S.T.C.No. of 2022
V. Sivaraman
S/o. Velayutharaja
Prop. of M/s. M.V.P. Bose Enterprises,
No.110/2, Avvaithiru Nagar, 1st Street,
Chinmaya Nagar, Chennai – 600 092.

Rep. by his Special Power of Attorney

Mr. V. Ramsingh
S/o. Gopala Krishnan,
No.194A, Natesan Nagar 1st Street,
Virugambakkam, Chennai -600 092. … Complainant
Vs.
1. Mrs. S.Chitra
W/o Mr. S. Karthikeyan
Prop. of M/s. CSK Enterprises
2. Mr. S. Karthikeyan,
S/o. Sivagurunathan,
Prop. of M/s. Karthik Enterprises,
Both 1and2 having Address at:-
No.11, Poes Road, 1st Street
Teynampet,
Chennai - 600 018.
… Accused 1 and 2

COMPLAINT FILED UNDER SECTION 138 AND 142 OF NEGOTIABLE

INSTRUMENTS ACT AS AMENDED BY THE BANKING, PUBLIC FINANCIAL
INSTUTITIONS AND NEGOTIABLE INSTUMENTS LAWS (AMENDMENT) ACT, 1988
READ WITH SECTION 200 OF CRIMINAL PROCEEDURE CODE

The complainant above named most respectfully submits as follows:

1. The Complainant is V. Sivaraman, son of Velayutha raja, aged about 45 years,

Proprietor of M/s. M.V.P. Bose Enterprises, having office at No.No.110/2, Avvaithiru

Nagar, 1st Street, Chinmaya Nagar, Chennai – 600 092,represented by his Special

Power of Attorney, Mr. V. Ramsingh Raja, son of Gopala Krishnan, aged about 38
 -2-

years, residing at No.194A, Natesan Nagar 1st Street, Virugambakkam,

Chennai -600 092.

The address for service of all notices and processes on the Complaint is that of his

Counsel M/s. R. Thanjan and R. Senthil kumar Advocates at No. 264, New Addl.

Law Chambers, High Court, Chennai - 600 104.

2. The 1st Accused is S. Chitra, wife of Karthikeyan, aged about not known,

Proprietorix of M/s. CSK Enterprises, having office at No.11, Poes Road, 1 st Street,

Teynampet, Chennai - 600 018.

The 2nd Accused is S. Karthikeyan, son of Sivagurunathan, aged about 38 years,

Proprietor of M/s. Karthik Enterprises, having office at No.11, Poes Road, 1 st Street,

Teynampet, Chennai - 600 018.

The address for service of all notices and processes on the both 1 st and 2nd

Accused are same as stated above.

3. The Complainant humbly submits that the 1st and 2nd Accused has approached

the Complainant for urgent need of money to expanding the businesses of the

companies running in the name in style of CSK Enterprises and Karthik Enterprises,

the Complainant has came forward to assist by way of financing to tune of

Rs.11,85,000/- on 31.10.2019 and Rs.11,85,000/- on 22.01.2020 through RTGS

transfer from the Complainant’s Bank Account of MVP Bose Enterprises, at through

Axis Bank Ltd, Koyambedu Branch, with condition to repay the same within 6

months from the date of receipt of the said amounts.

 -3-

4. The Complainant humbly further submits that after receipt of the said amount

the 2nd Accused has also repaid the following amount to the Complainant:

(a) On 20.04.2020, paid a sum of Rs.1, 85,000/- through cheque clearing;

(b) On 27.04.2020, paid a sum of Rs.1, 85,000/- through cheque clearing;

Accordingly, the 1st and 2nd Accused has paid a total sum of Rs.3,70,000/- to the

Complainant and kept balance amount for a sum of Rs.20,00,000/- and promise to

pay the same within the short span of time to the Complainant.

5. The Complainant humbly further submits that in the meantime, due to COVID

-19 Pandemic, the 1st and 2nd Accused were unable to pay the aforesaid

balance amount of Rs.20,00,000/- and however, requested further financial

assistance to rebuilt their business. Accordingly, the Complainant again came

forward with good intention to rebuilt and develop of the business and paid to the

tune of Rs.15, 80, 000/- by way of account transfer on 19.08.2020 through the

Complaint’s bank account of MVP Bose Enterprises, Axis Bank Limited, Koyambedu

Branch, with hope that the Accused would repay the same not only the old balance,

but also the subsequent receipt of the aforesaid amount within the stipulated time,

i.e. within 6 months to the Complainant. However, the 2 nd Accused has paid the

following amount after several request and demands made by the Complainant to

the both Accused:

(a) On 28.09.2020, paid a sum of Rs.2,00,000/- through cheque clearing;

(b) On 07.10.2020, paid a sum of Rs.2,00,000/- through cheque clearing;

(c) On 31.07.2021, paid a sum of Rs.1,50,000/- through cheque clearing;
 -4-

Thereby, the 1st and 2nd Accused has paid the aforesaid amounts to the tune of

Rs.5,50,000/- to the Complainant ,left the balance amount to be payable to the

complainant to the tune of Rs.30, 30,000/- after the payment of the aforesaid

amount.

6. The Complainant humbly further submits that after several request and

demand made by the Complainant , received two Cheques from the 1st and 2nd of the

Accused and the complainant had deposited one cheque with their Sister Concern

Bank – M/S V.V. Enterprises, ICICI Bank, Velappanchavadi Branch, Chennai-600 077

, bearing Cheque No.000104 ( Bank : ICICI Bank Ltd, Neelankarai branch, Chennai-

600 041 ) given by 1st Accused Mrs.S.Chitra for Rs.15,00,000/- on 03.08.2022 and

deposited another Cheque with complainant’s Bank – MVP Bose Enterprises, HDFC

Bank , Koyambedu Branch, Chennai – 600 092, bearing Cheque No. 288342 ( Bank :

IndusInd Bank, Teynampet branch, Chennai- 600 018 ) issued by 2 ndAccused

Mr.S.Karthikeyan for Rs.15,30,000/- on 05.08.2022. but for shock and surprise both

the cheques were dishonored for the following reasons:

(a) ChequeNo. 000104 – For “FUNDS INSUFFICIENT “

(b) ChequeNo. 288342 – For “ REFER TO DRAWER/NOTARRANGED FOR “

same has been intimated to the both Accused on the same date itself.

7. The Complainant humbly further submits that the complainant is un aware of

the reasons for the non-payment of the Cheques given by 1 st and 2nd Accused but

the complainant immediately approached both the Accused and informed the return
 -5-

of Cheque for the said reason, but both the Accused has evasively replied, without

giving any proper reason.

8. The Complainant humbly further submits that he issued a legal notice to both

1st and 2nd of the Accused on 20.08.2022 through RPAD for non- payment of the

given Cheques and same has been received by both the Accused. Further, the 1 st

Accused approached the complainant and requested not to take any legal

proceedings and requested some more time for the re payment of the cheque

amount given by her. And finally, the 1 st Accused requested the complainant to re-

deposit the same cheque and the complainant has again deposited the cheque in his

sister concern banker – V.V. Enterprises, ICICI Bank, Velappanchavadi Branch,

Chennai – 600 077 on 19.09.2022, bearing cheque No.000104 (Bank: ICICI Bank

Ltd, Neelankarai branch, Chennai- 600 041 ) and to the shock and surprise, the

Cheque wasdishonored for the reason – “ DRAWERS SIGNATURE DIFFERS “and

intimated to the complainant by return memo from the bank on 20.09.2022, same

has been informed to the 1st Accused immediately.

9. The Complainant humbly further submits that no other way, the complainant

has again sent a legal to the 1 st Accused on 10.10.2022 but the notice returned to

the complainant as “ ITEM RETURNED UNCLAIMED “. The 1 st Accused neither replied

nor paid the cheque amount to the Complainant and thereby, the 1 st and 2nd Accused

not honored the Cheque as per their promise and assurances and thereby, both the

Accused has committed an offence under the provisions of Sec.138 of Negotiable

Instruments Act and also Sec.420 of I.P.C.

 -6-

10. The Complainant humbly further states that in view of the failure on the part

of the 1st Accused to repay a part loan amount for a sum of Rs.15, 00,000/- to the

Complainant, particularly covered under the Cheque within the stipulated period,

hence, the 1st Accused has rendered herself liable to be punished under Sec.138 of

Negotiable Instruments Act, 1988 and also to be punished under Sec.420 of I.P.C.

11. The cause of action arose at Velappanchavadi within the jurisdiction of this

Hon’ble Court, at T5-Thiruverkadu Police Station, Chennai - 600 077, when 1 st and

2nd Accused approached the Complainant for loan, the Complainant also paid

Rs.11,85,000/- on 31.10.2019 and Rs.11,85,000/- on 22.01.2020 through RTGS with

condition repay with 6 months, but 2nd Accuse on 20.04.2020 paid a sum of

Rs.1,85,000/- through cheque clearing and paid on 27.04.2020, paid a sum of

Rs.1,85,000/- through cheque clearing and kept balance Rs.20,00,000/- and promise

to pay the same within the short span, when the 1 st and 2nd Accused again borrowed

Rs.20,00,000/- with promise to repay the same, when the 2 nd Accused subsequently

on 28.09.2020 paid a sum of Rs.2,00,000/- through cheque clearing, on 07.10.2020

paid a sum of Rs.2,00,000/- through cheque clearing and on 31.07.2021, paid a sum

of Rs.1,50,000/- through cheque clearing and kept balance of Rs.30,30,000/- when

the 1st Accused issued a cheque of Rs.15,00,000/- to the Complainant by way of

cheque No.000104, drawn on ICICI Bank Limited, Neelankarai Branch to the

Complainant on 03.08.2022, when deposited the same into the Complainant’s sister

concern banker , ICICI Bank Limited, Velappanchavadi Branch, for collection and

same was return on 03.08.2022 on the Reason of “FUNDS INSUFFICIENT “ ,

 -7-

intimated same to the 1st Accused, asked more time to the complainant and again

the complainant has deposited the same cheque given by the 1 st Accused bearing

cheque No. 000104 drawn on ICICI Bank Limited, Neelankarai Branch to the

Complainant on 19.09.2022 in the Complainant’s sister concern banker , ICICI Bank

Limited, Velappanchavadi Branch, for collection and same was return on 20.09.2022

on the Reason of “DRAWERS SIGNATURE DIFFERS “ , intimated same to the 1 st

Accused, when legal notice sent on 10.10.2022 and subsequently.

12. In the aforesaid facts and circumstances, the Complainant prays that this

Hon’ble Court may be pleased to:

(a) Take this complainant on file under Sec.138 and 142 of Negotiable

Instrument Act, 1988 and under Sec.420 I.P.C. and issue summons to the 1 st

Accused to deal with them in accordance with law;

(b) Order compensation to the complainant under Sec.357 of Criminal Procedure

Code and Sec.117 of the Negotiable Instrument Act; and

(c) Pass such further or other orders as this Hon’ble Court may fit and proper and

thus render justice.

Dated at Chennai on this the 10thday of November, 2022.

COUNSEL FOR COMPLAINANT COMPLAINANT

 -8-

VERIFICATION
I, V. Sivaraman,the Complainant represented by is Special Power of Attorney
Mr. Ramsingh herein do hereby declare that what are all stated above are true and
correct to the best of my knowledge, belief and information.
Verified at Chennai on this the 10thday of November, 2022

COMPLAINANT

LIST OF DOCUMENTS FILED ALONG WITH THE COMPLAINANT:-

1. Cheque No.000104, drawn on ICICI Bank Limited, Neelankarai Branch.

2. First Return Memo dated 03.08.2022 from ICICI Bank, Vellappanchavadi Branch.

3. Complainant’s Legal Notice dated 20.08.2022 to the Accused.

4. Acknowledgement card dated 22.08.2022 from the Accused
5. Second Return Memo Dated 20.09.2022
6. Complainant’s Legal Notice dated 10.10.2022 to the Accused
7. Postal Tracking Report from the Accused.
8. The Complainant’s Bank statement

Dated at Chennai on this the 10thday of November, 2022.

COUNSEL FOR COMPLAINANT COMPLAINANT

LIST OF WITNESSES:-
1. G. Ram Singh, Special Power of Attorney.
2. The Branch Manager, IndusInd Bank Limited. Teynampet Branch
3. The Branch Manager, ICICI Bank Limited. Vellapanchavadi Branch
Dated at Chennai on this the 4thday of November, 2022.

COUNSEL FOR COMPLAINANT COMPLAINANT

BEFORE THE FAST TRACK COURT
AT POONAMALLEE
S.T.C.No. of 2022
V. Sivaraman
S/o. Velayutharaja
Prop. of M/s. M.V.P. Bose Enterprises,
No.110/2, Avvaithiru Nagar, 1st Street,
Chinmaya Nagar, Chennai – 600 092.
Rep. by his Special Power of Attorney
Mr. V. Ramsingh
S/o. Gopala Krishnan,
No.194A, Natesan Nagar 1st Street,
Virugambakkam, Chennai -600 092.
… Complainant
Vs.
1. Mrs. S.Chitra
W/o Mr. S. Karthikeyan
Prop. of M/s. CSK Enterprises
2. Mr. S. Karthikeyan,
S/o. Sivagurunathan,
Prop. of M/s. Karthik Enterprises,
… Accused

COMPLAINT FILED UNDER SECTION 138

AND 142 OF NEGOTIABLE INSTRUMENTS
ACT AS AMENDED BY THE BANKING,
PUBLIC FINANCIAL INSTUTITIONS AND
NEGOTIABLE INSTUMENTS LAWS
(AMENDMENT) ACT, 1988 READ WITH
SECTION 200 OF CRIMINAL PROCEEDURE
CODE

M/s. R.THANJAN
R. SENTHILKUMAR
N.KAMATCHI

COUNSEL FOR COMPLAINANT

MOBILE: 9941824155
BEFORE THE FAST TRACK
COURTAT POONAMALLEE
S.T.C.No. of 2022
G. Ram Singh-(Special power agent)

… Complainant

Vs.
1. Mrs. S.Chitra
W/o Mr. S. Karthikeyan
Prop. of M/s. CSK Enterprises
2. Mr. S. Karthikeyan,
S/o. Sivagurunathan,
Prop. of M/s. Karthik Enterprises,
Both 1and2 having Address at:-
No.11, Poes Road, 1st Street
Teynampet,
Chennai - 600 018.
……………Accused

Vakalathnama.

M/s. R.THANJAN,
R. SENTHILKUMAR

COUNSEL FOR COMPLAINANT

MOBILE: 994182415
 BEFORE THE FAST TRACK COURT AT POONAMALLEE
S.T.C.No. of 2022
G. Ram Singh-(Special power agent) … Complainant
Vs.
Mr. S. Karthikeyan
S/o. Sivagurunathan
Prop. of M/s. Karthik Enterprises, … Accused

VAKKALATHNAMA FILED UNDER RULE 27(6) OF THE

CRIMINAL RULES OF PRACTICE 2019

I, Mr.G.Ramsingh, The special power of attorney herein do hereby appoint certain

M/S. R.THANJAN, R.Senthilkumar, N.Kamatchi Advocates to appoint to appear
on behalf of my company/me in this case and I empower my advocate to accept
service of notice of all proceedings in the above case on behalf of my company
until disposal of this case.

Witness:
I certify that the contents of this Vakalat
were read out & explained in my presence
to the Executant, who appeared perfectly
to understand the same and made his/her
their signature in my presence.

Dated at Chennai on this the 4th day of November, 2022.

Before Me
Advocate: CHENNAI
ACCEPTED
Advocate and Enroll No:- Name Of The Complaintant:
R.Thanjan MS. 602/1994 Mr.G.Ramsingh-(Special power agent)
R.Senthilkumar MS.738/2019
No.194A, Natesan Nagar, 1st Cross
N.Kamatchi 128/2020
The Address for service of the said Street, Virugambakkam, Chennai – 600
Advocate is at:
092,
No.264, New Addl. Law Chambers,
High Court Campus, Chennai-600 104
Mobile No. 9941824155
BEFORE THE FAST
TRACKCOURTAT
POONAMALLEE
S.T.C.No. of 2022

G. Ram Singh-(Special power agent)

… Complainant
Vs.

1. Mrs. S.Chitra
W/o Mr. S. Karthikeyan
Prop. of M/s. CSK Enterprises

2. Mr. S. Karthikeyan,
S/o. Sivagurunathan,
Prop. of M/s. Karthik Enterprises,

… Accused

DOCUMENT. .

M/s. R.THANJAN,
R. SENTHILKUMAR

COUNSEL FOR COMPLAINANT

MOBILE: 9941824155
BEFORE THE FAST TRACK
COURT AT POONAMALLEE
S.T.C.No. of 2022
G. Ram Singh-(Special power agent)
… Complainant

Vs.

Mr. S. Karthikeyan
S/o. Sivagurunathan
Prop. of M/s. Karthik Enterprises,
… Accused

Presented on
Returned On
Represented on
Admitted On
Summon Issued on
Lodged on
Summon Served On

M/s. R.THANJAN,
R. SENTHILKUMAR

COUNSEL FOR COMPLAINANT

MOBILE: 9941824155
 S.T.C.No. OF 2022
1. Individual (HUF) Financier : V. Sivaraman
S/o. Velayutharaja
Prop. of M/s. M.V.P. Bose
Enterprises,
No.110/2, Avvaithiru Nagar, 1st Street,
Chinmaya Nagar, Chennai – 600 092.
Rep. by his Special POA Mr. V.
RamsinghS/o. Gopala Krishnan,
No.194A, Natesan Nagar 1st Street,
Virugambakkam, Chennai -600 092.
2. Number of Accused : 1. Mrs. S.Chitra
W/o Mr. S. Karthikeyan
Prop. of M/s. CSK Enterprises
2. Mr. S. Karthikeyan,
S/o. Sivagurunathan,
Prop. of M/s. Karthik Enterprises,
Both 1and2 having Address at:-
No.11, Poes Road, 1st Street
Teynampet,
Chennai - 600 018.
3. Banker Memo date : 20.09.2022

4. Legal Notice (U/Sec.138(c)) : 10.10.2022

5. Legal notice received/returned : Returned

6. 30 days expired on (U/Sec.142(b)) :

7. Filing date : 10.11.2022

8. Delay/No. of days :

9. Cheque amount : Rs.15,00,000/-

10. Court fee paid : Rs.7500/-

11. Police Station Limit (Complainant’s : T5 THIRUVERKADU POLICE STATION.

Bank)
12. Original verified :

13. Submitted for orders :