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BEFORE THE RNPI COURT AHMEDABAD, DIST.

AHMEDABAD

Complaint Case No: 711/2017

Police Station: Vasna

In the matter of:

1. FineMech Pvt. Ltd.

Through its Board of Directors
Regd. Office: SICART building near Vasna,
Ahmedabad 380007 Complainant.

-VERSUS-

1. TechMech Pvt. Ltd.

2. Managing Director Mr. Bavar
3. Ex-Finance Director Mr. Snowvar
4. Directors Ms. Arpita& Mr. Bhavin
Regd. Office: Nest Ground,
Near Dharnidhar.
Ahmedabad, 380007. Accused.

Complainant hereby Present the following documents before this

Court,

Sr. No. Type of Document Annexure Date Remark

1. Original Copy Of Cheque A 08/12/2017

2. Copy of Bank Memo B 14/12/2017
3. Notice C 20/12/2017
4. Reply from the Accused D 23/12/2017
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BEFORE THE RNPI COURT AHMEDABAD, DIST.

AHMEDABAD

Complaint Case No: 711/2017

Police Station: Vasna

In the matter of:

2. FineMech Pvt. Ltd.

Through its Board of Directors
Regd. Office: SICART building near Vasna,
Ahmedabad 380007 Complainant.

-VERSUS-

5. TechMech Pvt. Ltd.

6. Managing Director Mr. Bavar
7. Ex-Finance Director Mr. Snowvar
8. Directors Ms. Arpita& Mr. Bhavin
Regd. Office: Nest Ground,
Near Dharnidhar.
Ahmedabad, 380007. Accused.

Complaint under the section 138 read with 142 of the Negotiable
Instrument Act, 1881 as amended up-to-date

The Humble Petition of the complaint by the above named Complainant most
respectfully showeth:

1. That Complainant and Accused No.1 are the Private Limited Companies

incorporated and regulated under companies act having business of buying

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and selling of machineries. Both Complainant and accused No.1 are having

their office at Vasna, Ahmedabad-380007. The present Complaint is filled

through Mr. Mevar, managing director of the company under his

competency.

2. The accused No. 2 is the Managing Director, the accused No. 3 is the Ex-

Finance Director and the accused No.4 is the Director of the accused no.1

company and wholly responsible for the conduct of the accused company.

The affairs of the accused No.1 company are managed by accused no.2 to 4

and as such they are in control of the affairs of the accused No. 1 company

& liable of all the facts and deeds committed by the accused No.1 company.

3. On 9/8/2016, the accused company requested complainant to provide him

with some financial help as a business loanof 50, 00,000/- (Rs. Fifty lakhs

only) to come out of deflation occurred due to financial crisis.

4. Upon request made by and believing in the promise of accused company,

the complainant provide him such loan of 50,00,000/- (Rs. Fifty lakhs

only) on 9/08/2016.

5. In discharge of this existing legal debt and/or liabilities as aforesaid, one

A/C payee cheque (Annexure A) was issued by the accused in favour of

the complainant.

6. Upon depositing the said cheque for encashment within its validity period

with the complainants bank, CENTRAL BANK OF INDIA VASNA

BRANCH, the same was dishonoured and returned unpaid along with the
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cheque returning memo dated 14/12/2017 (Annexure B)with the

endorsement insufficiency of fund in the account and unmatched

signatures.

7. The fact of such dishonour of the cheque had been communicated to the

accused person by a notice U/s. 138(b) of N.I. Act, 1881 as amended up-to-

date(Annexure C) issued by the Complainant and the said notice was

despatched by Regd. Post with A/D on 20/12/2017 demanding the payment

of the amount of the said cheque i.e. 4,63,000/- (Rupees Four lakh Sixty

Three thousand only/-) only within 15 days from the date of receipt of the

said notice.

8. The Complainant submits that the said demand notice was duly received by

the accused person on 25/12/2017, but in spite of this the accused person

failed and neglected to pay due amount within stipulated period.

9. The accused person has succeeded in deceiving the complainant malafidely,

intentionally, purposely and mischievously in the reply(Annexure D) of

complainants notice dated 25/12/2017. Issuance of cheque by the accused

without having sufficient funds in the bank is an act which has been done

deliberately, mischievously & malafidely with an intention to cheat the

complainant company. The accused was aware of the fact that on

presentation the cheque would never be honoured because of insufficiency

of funds in their A/c.

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10.The accused has thus committed an offence punishable under section 138 of

the Negotiable Instruments Act, 1881 as amended up-to-date and therefore

the complainant is his right to move to this court has come up with this

complaint dated 10/01/2018 before this Honble Court.

11.This petition of complaint is not barred by the Law of Limitation.

12.The cause of action of this case arose within the jurisdiction of this Learned

Court. Hence, this Learned Court is the competent authority and has

jurisdiction to try the offence in this instant case.

13.This petition of Complaint is made bonafide and for the ends of justice.

PRAYER

In the aforesaid circumstances it is most respectfully prayed that Your Honour

may graciously be pleasedto take cognizance of the matter and issue process

against the accused person under section 138 read with section 142 of the

Negotiable Instruments Act 1881, as amended up-to-date and pass such other

order or orders as your Honour may deem fit and proper.

And for this act of kindness your complainant as in duty bound shall ever pray.

List of Witnesses: -

1. Mr. Jayashankar Nair, Representative from CENTRAL BANK OF INDIA,

VASNA BRANCH
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Place: AHMEDABAD

Date: 10/01/2018

Filed by,

Complainant Counsel for the Complainant

VERIFICATION

I Mr. Mevar, Manging Director of the FineMech Pvt. Ltd. Do hereby

solemnly declare that whatever stated in foregoing paragraphs of the

Complaint is true and correct to my own knowledge and belief.

SOLEMNLY DECLARED AT AHMDABAD

This 10th day of January 2018.

AFFIDAVIT

I, Mevar Mehta son of Vipul Mehta, aged about 38 years and resident of

Sambhavtirth flats near Vasna, Ahmedabad-38007 do hereby solemnly affirm

and declare on oath as follows:

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1. That I am the Complainant in the Complaint annexed herewith and as

such competent to swear this Affidavit.

2. That the statements made in the paragraphs nos. 1 to 13 of the said

Complaint are true to the best of my knowledge and belief and the

rests are my humble prayer to the Learned Court. I have not also

concealed anything therein.

I sign this affidavit on this 10th day of January, 2018 at Ahmedabad.

______________

Deponent