IN THE HON’BLE COURT OF CHIEF

METROPOLITIAN MAGISTRATE, NORTH WEST,

ROHINI COURT, DELHI
IN RE: -
Shri Rajeev Kumar …
COMPLAINANT VERSUS
Mr. Govind Kumar …ACCUSED

P.S. Prashant Vihar

INDEX
S.No PARTICULARS PAGE No

1. Memo of Parties
2. Complaint U/s
138 of N.I. Act
along with
affidavit
3. Pre-summoning
evidence By way of
affidavit
4. List of witness
5. List of documents
6. Vakalatnama

DELHI
DATED : 16/10/2023

THROUGH
COUNSEL

SANTOSH KUMAR SRIVASTAVA

ADVOCATE
Chamber no.1104, 11TH
FLOOR, LAWYERS
CHAMBER BLOCK,
ROHINI COURT, DELHI
Mob: 8527447880
 IN THE HON’BLE COURT OF CHIEF
METROPOLITIAN MAGISTRATE, NORTH WEST,
ROHINI COURT, DELHI
IN RE: -
Shri Rajeev Kumar …
COMPLAINANT VERSUS
Mr. Govind Kumar …ACCUSED
P.S. Prashant Vihar

MEMO OF PARTIES

Shri Rajeev Kumar

S/O Shri
Chanderpal
R/o C-315, C- Block, Near Tula Ram Public
School, Aman Vihar, Kirari, Suleman Nagar,
North West, Delhi -110086
Mobile/Whats App No. 70116-
20355
…. COMPLAINANT

VERSUS
Mr. Govind Kumar
S/O Shri Mohan Lal Aggarwal,
R/O- A-855, Shaym Colony, Phase -2, Budh
Vihar, North West, Delhi- 110086
Mobile/Whats App No. 92896 48400

…ACCUSED
DELHI
DATED : 16/10/2023

THROUGH

COUNSEL

SANTOSH KUMAR SRIVASTAVA

ADVOCATE
Chamber no.1104, 11TH
FLOOR, LAWYERS
CHAMBER BLOCK,
ROHINI COURT, DELHI
 Mob: 8527447880

IN THE HON’BLE COURT OF CHIEF

METROPOLITIAN MAGISTRATE, NORTH WEST,
ROHINI COURT, DELHI
IN RE: -

Shri Rajeev Kumar

S/O Shri
Chanderpal
R/o C-315, C- Block, Near Tula Ram Public
School, Aman Vihar, Kirari, Suleman Nagar,
North West, Delhi -110086 …
COMPLAINANT Mobile/Whats App No.
70116-20355
VERSUS
Mr. Govind Kumar
S/O Shri Mohan Lal Aggarwal,
R/O- A-855, Shaym Colony, Phase -2, Budh
Vihar, North West, Delhi- 110086
Mobile/Whats App No. 92896 48400

…ACCUSED

PS: Prashant Vihar

COMPLAINT ON BEHALF OF THE

COMPLAINANT U/s 138 OF NEGOTIABLE

INSTRUMENT ACT.

MOST RESPECTFULLY SHOWETH: -

1. That the accused and the complainant

having friendly relationship since 2008

and are well known to each other. That

the accused earlier also approached to

the complainant for the
 friendly loan and accused was

successfully returned the loan amount

and built a strong relationship and won

a confidence of the complainant.

2. That on dated 29th August, 2022, the

accused again approached the

complainant and requested the

complainant for a friendly loan of Rs.

2,00,000/- ( Two Lakh ) as accused are

facing financial problems and want to

come out of dire financial crisis with the

help of the friendly loan.

3. That the complainant is a kind hearted

man acceded on accused request and

the complainant had given a friendly

loan of Rs. 2,00,000/- ( Two Lakh) and

accused assured the complainant to

repay the friendly loan within a period

of one year.

4. That after expiry of one year, the

complainant contacted the accused and

demanded the aforesaid friendly loan

amount but the
 accused did not pay the same and

made excuse on one pretext to another.

5. That after repeated demand made by

the complainant to the accused and in

discharge of your legal liability,

accused issued cheque bearing No.

048110 dated 10/09/2023 for a sum of

Rs. 2,00,000/- ( Two Lakh ) drawn on

Punjab National Bank, branch Paschim

Vihar, Rohini, Delhi and further assured

the complainant that the aforesaid

cheque will be duly encash on its

presentation.

6. That after due confirmation from the

accused, the complainant presented the

above mentioned cheque with his

banker i.e. Federal Bank, Branch

Prashant Vihar , Delhi but the

complainant was shocked and surprised

when cheque was returned because of “

PAYMENT STOPPED BY THE DRAWER

“ vide returning memo dated

15.09.2023.
7. That the complainant after talking to

accused regarding the dishonour of the

cheque felt that the intention of the

accused is not for that returning back

the money and is just cheating upon the

complainant and the accused have

issued the cheque deliberately,

intentionally, malafidely, negligently and

dishonestly knowing fully well that said

cheque would not be honored/ encash

on its presentation.

8. That under the above mentioned facts

and circumstances, accused have

committed an offence U/s 138/142 of

Negotiable Instrument Act, and 420 of

IPC as accused have deliberately

create “PAYMENT STOPPED BY THE

DRAWER ” in accused account in

order to dishonour the above mentioned

cheque issued by accused in favour of

the complainant and thus accused is

liable to be prosecuted as per provisions

of law.
9. That thus the accused has committed

the various offenses under the

provisions of Negotiable instrument Act

138 and are liable to be prosecuted

under the provisions of above said act.

10. That the accused has knowingly,

intentionally and deliberately issued the

said cheque to my client with very well

knowledge that the said cheque will be

dishonoured, therefor the accused has

cheated and fraud with the complainant.

11. That the complainant informed the

accused about the fate of the said

cheque and requested him to pay the

said cheque amount but the accused to

failed to make the payment on one

pretext or the other, thus the

complainant realized that the accused

has cheated the complainant company

intentionally and deliberately and

committed the offence U/s 420 & 406

IPC.
12. That from the conduct of the

accused, it is clear that the accused was

having full knowledge at the time of

issuing the said cheque that the said

cheque are bound to be dishonoured on

presentation thus the accused have

committed an offence made punishable

U/s 138 and 142 of Negotiable

Instrument Act as amended upto date

and U/s 420 IPC by which the accused

can be imprisoned for the period of two

years or fine up to double the amount of

dishonoured cheque and/or with both.

13. That thereafter the complainant

was constrained to sent a legal notice

dated 22.09.2023 through speed post

through his counsel and same was

dispatched on 22.09.2023 to the

accused calling upon the accused to pay

the total amount of the aforesaid

dishonoured cheque i.e. 2,00,000/- (Two

Lakh) within a period of 15 days of

the
 receipt of the said notice. The said

notice was sent by speed post. That the

accused has deliberately not receive the

Legal Notice and was returned back.

Thereafter the counsel for the

complainant send the said legal notice

to Accused on his whats app No.

9289648400 dated 30/09/2023 through

9324031282 . The said notice was duly

received and read by the accused.

14. That the accused has replied on

07/10/2023 our legal notice to

Complainant address via speed post.

15. That the complaint is within

limitation as the cheque was presented

within its validity and the legal notice

U/S 138 & 142 N.I. Act was served on

the accused within a month of receiving

of the cheque returning memo giving 15

days to the accused to make the

payment of dishonoured cheque and on

failure of the accused to make the

payment within 15 days
 the present complaint is being filed

within one month of expiry of 15 days

period.

16. That thus the accused have

committed criminal offence punishable

under section 138/142 of the Negotiable

Instruments Act, as the accused issued

the above said cheque knowing fully-

well with dishonest and fraudulent

intention to cheat the complainant and

commit a fraud upon him, hence the

accused is liable to be punished with

imprisonment for a term which may be

extended to two years or with fine which

may extended to twice the amount of

the cheque, or with both.

17. That the bank of the complainant

i.e.

Federal Bank branch at Prashant Vihar,

Delhi, within the Jurisdiction, hence this

Hon’ble Court has a jurisdiction to

entertain, try and decide the present

complaint.
 P R A Y E R :

It is, therefore, most respectfully

prayed that this Hon’ble Court May

kindly be please to:

(i) Take cognizance of the offence

under section 138/142 of

Negotiable Instrument Act, and

summon, try and punish the

accused in accordance with law.

(ii) Pass directions to the accused to

pay/deposit the 20% of the cheque

amount as interim compensation to

the complainant.

(iii) Impose the penalty upon the

accused of paying double the

amount of the dishonoured

cheque, besides punishing the

accused, in accordance with law.

(iv) Pass any other or further order(s)

as this Hon’ble Court deems fit and

proper in view of the facts and

circumstances of the case, in

favour of the complainant.

DELHI COMPLAINANT
DATED : 16/10/2023

THROUGH
COUNSEL

SANTOSH
KUMAR
SRIVASTAV
A
ADVOCATE
Chamber no.1104, 11TH
FLOOR, LAWYERS
CHAMBER BLOCK,
ROHINI COURT, DELHI
Mob: 8527447880
 IN THE HON’BLE COURT OF CHIEF
METROPOLITIAN MAGISTRATE, NORTH WEST,
ROHINI COURT, DELHI
IN RE: -
Shri Rajeev Kumar …
COMPLAINANT VERSUS
Mr. Govind Kumar …ACCUSED

AFFIDAVIT

I, Shri Rajeev Kumar S/O Shri Chanderpal,

Aged about 52 years, R/o C-315, C- Block,

Near Tula Ram Public School, Aman Vihar,

Kirari, Suleman Nagar, North West, Delhi -

110086, do hereby solemnly affirm and

declare as under:-

1. That I am the complainant in the above

noted case and as well conversant with

facts and circumstances of the case and

such I am competent to swear the

affidavit.

2. That the accompanying complaint U/s

138/142 N.I. ACT has been drafted by

me
 which are true and correct and may be

read as the part and parcel of this

affidavit as same are not being repeated

herein for the sake of brevity.

3. That the deponent has not filed any

other case against the said cheque in

question in any court of law in Delhi or

outside Delhi.

DEPONENT
VERIFICATION:
-

Verified at Delhi on this 16th day of

October 2023, that the contents of this

affidavit are true and correct to the best of

my knowledge and belief and nothing has

been concealed therefrom.

DEPONENT
 IN THE HON’BLE COURT OF CHIEF
METROPOLITIAN MAGISTRATE, NORTH WEST,
ROHINI COURT, DELHI
IN RE: -

Shri Rajeev Kumar

S/O Shri
Chanderpal
R/o C-315, C- Block, Near Tula Ram Public
School, Aman Vihar, Kirari, Suleman Nagar,
North West, Delhi -110086
Mobile/Whats App No. 70116-
20355
…COMPLAINANT

VERSUS

Mr. Govind Kumar

S/O Shri Mohan Lal Aggarwal,
R/O- A-855, Shaym Colony, Phase -2, Budh
Vihar, North West, Delhi- 110086
Mobile/Whats App No. 92896 48400

…ACCUSED

PS: Prashant

Vihar PRE-SUMMONING EVIDENCE BY THE

WAY OF AFFIDAVIT ON BEHALF OF

COMPLAINANT (CW-

1/X).

I, Shri Rajeev Kumar S/O Shri Chanderpal,

Aged about 52 years, R/o C-315, C- Block,

Near Tula Ram Public School, Aman Vihar,

Kirari, Suleman
Nagar, North West, Delhi -110086, do hereby

solemnly affirm and declare as under:-

1. That the deponent is complainant in the

above noted complaint case and am well

conversant with the facts and

circumstances of the case and am

competent to swear this affidavit.

2. I say that the accused and the

deponent having friendly relationship

and are well known to each other. That

the accused earlier also approached to

the deponent for the friendly loan and

accused was successfully returned the

loan amount and built a strong

relationship and won a confidence of the

deponent.

3. I say that on dated 29st August, 2022, the

accused again approached the deponent

and requested the deponent for a

friendly loan of Rs. 2,00,000/- (Two

Lakh) as accused are facing financial

problems and want to come

 out of dire financial crisis with the help

of the friendly loan.

4. I say that the deponent is a kind hearted

man acceded on accused request and the

deponent had given a friendly loan of Rs.

2,00,000/- (Two Lakh) and accused

assured the deponent to repay the

friendly loan within a period of one

year.

5. I say that after expiry of one year, the

deponent contacted the accused and

demanded the aforesaid friendly loan

amount but the accused did not pay the

same and made excuse on one pretext

to another.

6. I say that after repeated demand made

by the deponent to the accused and in

discharge of your legal liability, accused

issued cheque bearing No. 048100

dated 10/09/2023 for a sum of Rs.

2,00,000/- (Two Lakh ) drawn on Punjab

National Bank, branch Paschim Vihar ,

Rohini, Delhi and further assured the
 deponent that the aforesaid cheque will

be duly encash on its presentation as

you are having “PAYMENT STOPPED

BY THE

DRAWER “in accused accounts for the

encasement of the cheque. The original

cheque is exhibited herewith as Ex. CW-

1/1.

7. I say that after due confirmation from

the accused, the deponent presented the

above mentioned cheque with his banker

i.e. Federal Bank, Branch Prashant Vihar

, Delhi but the deponent was shocked

and surprised when cheque was

returned because of “PAYMENT

STOPPED BY THE DRAWER” vide

returning memo dated 15.09.2023. The

original return memo is exhibited

herewith as Ex. CW-1/2.

8. I say that the deponent after taking to

accused regarding the dishonour of the

cheque felt that the intention of the

accused is not for that returning back

the money and is just cheating upon the

deponent and the accused have

 issued the cheque deliberately,

intentionally, malafidely, negligently and

dishonestly knowing fully well that

accused have insufficient funds for the

encashment of the cheque and account

closes dishonoured.

9. I say that under the above mentioned

facts and circumstances, accused have

committed an offence U/s 138/142 of

Negotiable Instrument Act, and 420 of

IPC as accused have deliberately

create “fund insufficent” in accused

account in order to dishonour the

above mentioned cheque issued by

accused in favour of the deponent and

thus accused is liable to be prosecuted

as per provisions of law.

10. I say that thus the accused has

committed the various offenses under

the provisions of Negotiable instrument

Act 138 and are liable to be prosecuted

under the provisions of above said act.

11. I say that the accused has knowingly,

intentionally and deliberately issued the

said cheque to my client with very well

knowledge that the said cheque will be

dishonoured, therefor the accused has

cheated and fraud with the deponent.

12. I say that the deponent informed the

accused about the fate of the said

cheque and requested him to pay the

said cheque amount but the accused to

failed to make the payment on one

pretext or the other, thus the deponent

realized that the accused has cheated

the deponent company intentionally and

deliberately and committed the offence

U/s 420 & 406 IPC.

13. I say that from the conduct of the

accused, it is clear that the accused was

having full knowledge at the time of

issuing the said cheque that the said

cheque are bound to be dishonoured on

presentation thus the accused

 have committed an offence made

punishable U/s 138 and 142 of

Negotiable Instrument Act as amended

upto date and U/s 420 IPC by which the

accused can be imprisoned for the

period of two years or fine upto double

the amount of dishonoured cheque

and/or with both.

14. I say that thereafter the deponent was

constrained to sent a legal notice dated

22.09.2023 through speed post through

his counsel and same was dispatched on

22.09.2023 to the accused calling upon

the accused to pay the total amount of

the aforesaid dishonoured cheque i.e.

2,00,000/- Two Lakh) within a period of

15 days of the receipt of the said notice.

The said notice was sent by speed post.

The said notice was return back to the

sender. That the accused has

deliberately not receive the Legal Notice

and was returned back. Thereafter the

counsel
 for the complainant send the said legal

notice to Accused on his whats app No.

9289648400 dated 30/09/2023 through

9324031282 . The said notice was duly

received and read by the accused. The

legal notice dated 22.09.2023 is

exhibited herewith as Ex. CW-1/3 and

whats app screen shot of notice is

exhibited herewith as “Ex. CW – 1/4 u/s

65 – B of evidence act. The receipt of

speed post is exhibited herewith as

Ex.CW-1/5 and also internet downloaded

speed post tracking report is exhibited

herewith as Ex.CW-1/6. But despite that

the accused has neither replied the said

notice nor paid the amount of the

deponent till date. Hence, the deponent

is left with no option alternative but to

file the present complaint.

15. I say that the complaint is within

limitation as the cheque was presented

within its validity and the legal notice

U/S 138 & 142 N.I. Act was served on

the accused within a month of

 receiving of the cheque returning memo

giving 15 days to the accused to make

the payment of dishonoured cheque and

on failure of the accused to make the

payment within 15 days the present

complaint is being filed within one

month of expiry of 15 days period.

16. I say that thus the accused have

committed criminal offence punishable

under section 138/142 of the Negotiable

Instruments Act, as the accused issued

the above said cheque knowing fully-well

with dishonest and fraudulent intention

to cheat the deponent and commit a

fraud upon him, hence the accused is

liable to be punished with imprisonment

for a term which may be extended to two

years or with fine which may extended

to twice the amount of the cheque, or

with both.

17. I say that the bank of the deponent i.e.

Federal Bank, Prashant Vihar, Delhi,

within the
 Jurisdiction, hence this Hon’ble Court

has a jurisdiction to entertain, try and

decide the present complaint.

18. That it is my true and correct statement.

DEPONENT
VERIFICATION: -

Verified at Delhi on this day of October

2023, that the contents of this affidavit are
true and correct to the best of my
knowledge and belief and nothing has been
concealed therefrom.

DEPONENT
 IN THE HON’BLE COURT OF CHIEF
METROPOLITIAN MAGISTRATE, NORTH WEST,
ROHINI COURT, DELHI
IN RE: -
Shri Rajeev Kumar …
COMPLAINANT VERSUS
Mr. Govind Kumar …ACCUSED

P.S. Prashant Vihar

LIST OF WITNESS

1. Complainant himself.
2. Record clerk of accused bank i.e.
Punjab National Bank, Paschim
Vihar branch at. Delhi.
3. Record clerk of complainant bank i.e.
Federal Bank, Branch At Prashant Vihar,
Delhi.
4. Officials / clerk of the concerned speed
post with officials records.
5. Any other witnesseswith the permission
of Hon’ble Court.

DELHI

COMPLAINANT DATED: 16/10/2023

 THROUGH

COUNSEL

SANTOSH KUMAR SRIVASTAVA

ADVOCATE
Chamber no.1104, 11TH
FLOOR, LAWYERS
CHAMBER BLOCK,
ROHINI COURT, DELHI
Mob: 8527447880
 IN THE HON’BLE COURT OF CHIEF
METROPOLITIAN MAGISTRATE, NORTH WEST,
ROHINI COURT, DELHI
IN RE: -
Shri Rajeev Kumar …
COMPLAINANT VERSUS
Mr. Mukesh …ACCUSED

P.S. Prashant Vihar

LIST OF DOCUMENTS

1. The cheque in original.

2. The returning memos of the bank.

3. The copy of the legal notice dated

22.09.2023 and sent on 22.09.2023 and

same as returned back

4. The receipt of the Speed post.

5. The computer generated tracking report.

6. Legal Notice sent on Accused whats app

no.

9289648400 on dated 06/10/2023

DELHI

COMPLAINANT DATED: 16/10/2023

THROUGH
COUNSEL
SANTOSH KUMAR SRIVASTAVA
ADVOCATE
Chamber no.1104, 11TH FLOOR,
 LAWYERS CHAMBER
BLOCK, ROHINI
COURT, DELHI Mob:
8527447880

HIGH COURT OF DELHI, NEW DLEHI

(Office of State Court Management
Systems Committee)
NI ACT COMPLAINT META DATA
(To be filed by Complainant)
A. Particulars of Complainant
1. Name: Shri Rajeev
Kumar
2. Gender MALE
3. Age YEARS
4. Parentage S/O Shri
Chanderpal
5. In case, complaint
is filed through
other person,
Name of
Authorized
Representative /
Power
of Attorney Holder:
6. Address R/o C-315, C-
Block, Near Tula
Ram Public
School, Aman
Vihar, Kirari,
Suleman Nagar,
North West,
Delhi - 110086
7. Mobile no: 70116-20355
8. Email id:
9. Status of NA
complainant, if
other than
individual
(Company/Firm/Othe
r) details of
Documents
filed (Company
Master
 Data, Form 32
for Directors,
Partnership
Deed any other)
10 Details of the SANTOSH
. advocate of the KUMAR
complainant: SRIVASTAVA,
(Name, Enrolment ENROLMENT
ID, Mobile no, email NO. D-42/2019,
id. Ch.no- 1104,11TH
FLOOR,
Lawyers
Chamber Block,
Rohini Court,
Delhi,
MOB:852744788
0
1 Name of Federal Bank
1 Complainant’s Bank
where
cheque
was presented
i. Address of Prashant
the
bank branch Vihar,
DELHI
ii. IFSC Code

B. Details of Accused (Add additional

templates as per need)
1. Name : Mr. Govind Kumar

2. Gender MALE
3. Age YEARS
4. Parentage S/O Shri Mohan Lal
Aggarwal
5. Address R/O- A-855, Shyam
Colony, Phase -2,
Budh Vihar, North
West, Delhi -110086
6. Mobile no. 9289648400
7. Email id:
 C. Details where accused is
company/Firm
1. Name : NO
2. Registered address NO
3. Name of Managing NO
Director / Partners
4. Name of Signatory NO
of
dishonoured
cheque:
5. Name of persons NO
vicariously liable
for
the COMPANY
/Firm

D. Details of the financial liability

(Loan, Sale of goods/services,
lease/license &
Others)
1. Name of liability FRIENDLY LOAN
for which
cheque was
received
2. In case of friendly
loan, provide the
following
particulars
i.Date When the
borrower
approached the
Complainant for
loan
ii.Date when the 29th August, 2022
Loan
was advanced
iii.Place at which the Delhi
loan was advanced
iv. Persons in whose
presence the loan
was advanced
v.Mode of Cash
advancement of
loan
(cash/cheque/Bank
Transaction others)
E. Particulars of Cheque (1) (Add
additional templates as per need)
1. Cheques number 048110
2. Date on the 10/09/2023
cheques
3. Amount (in figures) RS.2,00,000/-
on the cheques
4. Amount (in words) Rupees Two Lac
on the cheques only
5. Date when the
complainant
received the
cheques from
accused
6. Name of the bank Punjab National
on which the Bank
dishonoured
cheque
is drawn.
i.Address of the Paschim Vihar
bank Branch, at. Delhi
branch
ii.IFSC Code
7. Date when
the cheque
was
presented to
the
bank lastly
8. Number of Once
times, this
cheque were
presented
9. Date on cheque 10.09.2023
return memo
10. Date when 15.09.2023
information
about
dishonourwas
received by the
complainant
11. Reason (s) for “PAYMENT
dishonour of STOPPED
cheque BY THE DRAWER”
 F. Particulars of Legal Demand Notice
1. Date on legal 22.09.2023
demand
notice
2. Date when the legal 22.09.2023
 demand notice was
dispatched
3. Mode of dispatch SPEED POST
4. Whether the Yes
complainant relies
on presumption of
law for
service
5. If not, the actual N/A
date of service of
legal
demand notice
6. Whether reply of Yes
legal demand
notice was
received
7. If yes, provide the
date
of receiving of reply

G. Additional Particulars of Criminal

Complaint
1. Date when the
15 days from
service of legal
demand notice
was complete
2. Date of accrual
cause
of action
3. Date when the
limitation of 30 days
expired
4. Whether the YES
complainant is
filed
within limitation
5. If no, whether
the complainant
is filing
condonation
application
 H. Other Details
1. Name of PS within Prashant Vihar,
the
 offence is committed at.Delhi
2. Whether any other No
case filed/pending
with respect to the
transaction in
question/cheque.
3. If yes, the details NA
thereof (CNR
Number be
mentioned )
4. Whether you want Yes
the remittance /
payment by the
accused in the
aforementioned
account of yours
as mentioned
above
(Yes/No
5. If no, the NO. of NA
the account, name
of the bank,
address of the
branch, IFSC
Code of the
branch in which
you want the
remittance /
payment
6. Court fee paid
7. Mode of payment of e-court fee
such court fees

I. Recourse to ADR:
1. Complainant Yes
willing to settle by
Mediation
/Lok Adalat

J. Supporting documents :
1. Number of
documents
attached
in e-file
2. Particulars Original
of
documents cheque,
so original
attached
returning
memos,

original
 Legal notice,
speed post
receipts, Speed
post tacking
report, Whats App
screen shot of
Legal Notice
sent
3. Undertaking of the Attached with File
complainant for
filing original
documents