Professional Documents
Culture Documents
State of Maharashtra
Through MHB Colony Police ..COMPLAINANT.
V/S.
A. YADAV, Advocate High Court, Bombay to act, appear and plead for
Accepted
Mr. Arvind A. Yadav
Advocate of Accused
Awadhvidhyalay Dharkhadi
State of Maharashtra
Through MHB Colony Police ..COMPLAINANT.
V/S.
1. Mrs. Prema Joshi 2. Mrs. Neeta 3.Mr. Nelesh
4. Mr. Sanjay 5.Mr. Krishna, 6, Mr. Ramchandra
All are residing in Mumbai
)..ACCUSED.
We, the above named Accused, hereby appoint Mr. ARVIND A.
YADAV, Advocate High Court, Bombay to act, appear and plead for me
Accepted
Mr. Arvind A. Yadav
Advocate of Accused
Awadhvidhyalay Dharkhadi
V/S.
V/s.
APPLICATION FOR
PROVIDING US TIME TO
PAY THE COURT FEE:-
going to file the abovesaid complaint u/s. 138 of N.I. Act against the
every pray.
Date:- 02/06/2011
I/am/We/are/not a members of the welfare fund. Therefore stamp of Rs. 2/- is/are/not affixed
herewith N.B. : Strike out which is not Applicable.
Adv. Sign
IN THE COURT OF LD. METROPOLITAN MAGISTRATE’S
43rd COURT AT BORIVALI, MUMBAI
C.C. No. 2011
TIWARI, Advocate High Court, Bombay to act, appear and plead for
Accepted
V/S.
1. The Complainant states that Accused has obtained loan from the
has issued a cheque of Rs. 1,35,150/- (Rupees One Lacs Thirty Five
2. The Complainant further states that the accused has issued the
BANK LTD., Kurar Village, Malad (East), Mumbai – 400 097 but the
same was returned unpaid with the cheques return memo of DCB Bank,
DCB Bank, Versova Branch, Mumbai – 400 061. Hereto annexed and
Exhibit ‘B’ marked Exhibit ‘B’ is the copy of returned Bank Memo dated
22/04/2011 and called upon the Accused to pay the amount of the
Five Thousand One Hundred Fifty only) within 15 days from the
Exhibit ‘C’ receipt of the notice. Hereto annexed and marked Exhibit ‘C’ is the
4. The Complainant states that the notice was sent by Regd. A.D. to
the Accused at the last known address of the Accused with proper and
receipt which was issued by the post office was misplaced by the
receipt to the Post Office, when the Post Master of the Ranisati Marg
has confirmed about the receipt by giving the reply on 01/06/2011 and
Complainant has also received returned packet from the post office.
Exhibit ‘D’ Hereto annexed and marked Exhibit ‘D’ colly are the copies of
colly Advocate’s letter dated 01/06/2011 and reply of the Post Master Exhibit
‘E’ dated 01/06/2011. Hereto annexed and marked Exhibit ‘E’ is the copy
of returned packet.
notice dated 22/04/2011 failed and neglected to pay the said amount.
The Complainant further submits that knowingly fully well that there is
Instruments as amended upto date r/w. section 142 of the said Act. Not
only that the above cheque was issued by the Accused with clear cut
accused has no amount in his account, the accused would not have
nothing but an offence punishable u/s. 138 of the said act and the
submits that the Complainant has sent the legal notice upon the Accused
within the jurisdiction of this Hon’ble Court and thus cause of action
has also arisen within the jurisdiction of this Hon’ble Court and
therefore, this Hon’ble Court is got ample power and jurisdiction to try
This Hon’ble Court be pleased to issue the necessary process u/s. 138 &
And for this act of kindness the Complainant is in duty bound and
COMPLAINANT.
BEFORE ME.
V/S.
MR. NAKUL YADAV ....ACCUSED.
INDEX
Sr. No. Particulars Page Nos.
1. Roznama :I - IV
2. Complaint :1-5
3. Vakalatnama :6
Last page…….
METROPOLITAN MAGISTRATE’S
V/S.
COMPLAINT
nd
Dated this 2 day of June, 2011
----------------------------------------------
RAHUL I. TIWARI
Advocates for the Complainant,
Plot No.26-A, Hawa Hira Park,
Kurar Village, Malad (East),
Mumbai – 400 097.
I/am/We/are/not a members of the welfare fund. Therefore stamp of Rs. 2/- is/are/not affixed
herewith N.B. : Strike out which is not Applicable.
Adv. Sign
IN THE Hon’ble Court Of Sh. Mukesh Rao, Judicial Magistrate 1st
Class (Special Court), Dist Gurgaon, Haryana.
Criminal Complaint No……………… of
appoint K.R. TIWARI & CO., Advocates High Court, Bombay to act,
Accepted
of this case.
1. That Accused has taken loan of Rs. 1,25,525/- (Rupees One Lacs
Twenty Five Thousand Five Hundred Twenty Five only) as and by way of
1,25,525/- (Rupees One Lacs Twenty Five Thousand Five Hundred Twenty
Five only) which was advanced by him, the Accused issued a cheque bearing
No. 663251 of ICICI Bank Ltd., Gorgeaon Branch, Goregaon (East), Mumbai
400 097, was dishonoured and returned with the memos of dishonor dated
sent by R.P.A.D & U.P.C. called upon the Accused to pay the amount under
the said dishonoured cheque within 15 days at the receipt of the same. The
said notice was replied by the Accused through his Advocate’s letter dated
said dishonoured cheque within the stipulated time. Hence I filed the present
complaint on 31/03/2011.
I rely upon the relevant facts and documents as mentioned in the complaint.
The Accused has committed an offence punishable u/s. 138 of N.I Act. Hence I pray
Before me
Metropolitan Magistrate
ORDER
Original documents, as prima facie case is made out against Accused u/s. 138 of N.I.
Act, 1881.
Issue process for the offence punsishable u/s. 138 r/w. N.I. Act, returnable on
………………
Metropolitan Magistrate
V/S.
APPLICATION FOR
PROVIDING US TIME TO
PAY THE COURT FEE:-
going to file the abovesaid complaint u/s. 138 of N.I. Act against the
the Court fee at the time of filing of the complaint while complaint is
every pray.
Date:- 31/03/2011
I/am/We/are/not a members of the welfare fund. Therefore stamp of Rs. 2/- is/are/not affixed
herewith N.B. : Strike out which is not Applicable.
Adv. Sign
IN THE COURT OF LD. METROPOLITAN MAGISTRATE’S
43rd COURT AT BORIVALI, MUMBAI
C.C. No. 2011
Accepted
V/S.
1. The Complainant states that Accused has obtained loan from the
has issued a cheque of Rs. 1,25,525/- (Rupees One Lacs Twenty Five
Thousand Five Hundred Twenty Five only) bearing No. 663251 dated
(East), Mumbai – 400 063 due and payable by the Accused to the
Complainant.
2. The Complainant further states that the accused has issued the
BANK LTD., Kurar Village, Malad (East), Mumbai – 400 097 but the
same was returned unpaid with the cheques return memo of ICICI Bank
Exhibit ‘B’ annexed and marked Exhibit ‘B’ is the copy of returned Bank Memo
25/02/2011 and called upon the Accused to pay the amount of the
Twenty Five Thousand Five Hundred Twenty Five only) within 15 days
Exhibit ‘C’ from the receipt of the notice. Hereto annexed and marked Exhibit ‘C’
4. The Complainant states that the notice was sent by Regd. A.D. &
U.P.C. to the Accused at the address of the Accused with proper and
not received any acknowledgment from the Accused till the filing of the
complaint, however Accused has given his reply through his Advocate’s
Exhibit ‘D’ Complainant. Hereto annexed and marked Exhibit ‘D’ is the copy of
Exhibit ‘E’ postal receipts. Hereto annexed and marked Exhibit ‘E’ is the copy of
notice dated 25/02/2011 failed and neglected to pay the said amount.
The Complainant further submits that knowingly fully well that there is
Instruments as amended upto date r/w. section 142 of the said Act. Not
only that the above cheque was issued by the Accused with clear cut
accused has no amount in his account, the accused would not have
commission of the abovesaid act will fully on the part of the accused is
nothing but an offence punishable u/s. 138 of the said act and the
within the jurisdiction of this Hon’ble Court and thus cause of action
has also arisen within the jurisdiction of this Hon’ble Court and
therefore, this Hon’ble Court is got ample power and jurisdiction to try
This Hon’ble Court be pleased to issue the necessary process u/s. 138 &
And for this act of kindness the Complainant is in duty bound and
COMPLAINANT.
BEFORE ME.
V/S.
INDEX
Sr. No. Particulars Page Nos.
1. Roznama :I - IV
2. Complaint :1-4
3. Vakalatnama :5
Last page…….
METROPOLITAN MAGISTRATE’S
V/S.
RAHUL I. TIWARI
Advocates for the Complainant,
Plot No.26-A, Hawa Hira Park,
Kurar Village, Malad (East),
Mumbai – 400 097.
Jogeshwari (Eaast),
Mumbaai.
Sir,
I the complainant above named beg to state following few lines for
your kind perusal and necessary action as under.
I say that I am a peace loving and law abiding citizen of India and
domiciled in the state of Maharashtra at the above address together with
his family members .I am earning on business in the city of greater
Mumbai for the Bread and Butter of my family Members.
1)
I say that it was between me and accused the accused repay the
loan amount on or before 25 DEC. 2001 and in view of he has
given three post dated cheques to me Bearing NO. 021856,
021857, 021858. drawn on MODEL CO. OP. BANG LTD.
CHAKALA.
I say that thereafter again the above said accused who have
come on- again approached to me and hypnotized me and
obtained my consent to withdraw the proceeding initiated by
me on assurances and accused said I shall pay Rs. 35 thousand
per year to me till 2008 and on or before the accused shall
pay loan Rs. 12 lacks..
V/S.
Thane ] ..ACCUSED.
2. The Complainant further states that the accused has issued the
the Complainant. The Complainant states that when the said cheque was
was shocked and surprised to see that the aforesaid cheque was return
Exhibit ‘A’returned Bank memo. Hereto annexed and marked Exhibit ‘A’ is the
Exhibit ‘B’ Exhibit ‘B’ is the copy of returned Bank Memo dated 01/08/2007.
3. The Complainant submits that after the receipt of the said
13/08/2007 and called upon the Accused to pay the amount of the
only) within 15 days from the receipt of the notice, failing which the
Exhibit ‘C’ 142 of the said Act. Hereto annexed and marked Exhibit ‘C’ is the copy
of the said Notice dated 13/08/2007. The Complainant states that the
Exhibit ‘D’ Accused by Regd. Post A.D. Hereto annexed and marked Exhibit ‘D’ is
notice dated 13/08/2007 failed and neglected to pay the said amount.
The Complainant further submits that knowingly fully well that there is
no amount in the account of the accused and the bank has closed the
amended upto date r/w. section 142 of the said Act. Not only that the
above cheque was issued by the Accused with clear cut intention to
cheat the Complainant, otherwise knowing fully well that accused has
no amount in his account, the accused would not have issued the said
abovesaid act will fully on the part of the accused is nothing but an
offence punishable u/s. 138 of the said act and the accused is liable to be
punished accordingly.
within the jurisdiction of this Hon’ble Court and thus cause of action
has also arisen within the jurisdiction of this Hon’ble Court and
therefore, this Hon’ble Court has jurisdiction to try and entertain the
present complaint.
“Your Worship may be pleased to issued the necessary process u/s. 138
& 142 of the Negotiable Instrument Act, 1881 against the accused
And for this act of kindness the complainant is in duty bound and
shall ever pray.
INDEX
Sr. No. Particulars Page Nos.
1. Roznama :
2. Complaint :
3. Vakalatnama :
13-07-2007. :
Last page…….
IN THE COURT OF LD.
METROPOLITAN MAGISTRATE’S
COURT AT ANDHERI, MUMBAI
Case NO. 2007
ARUNKUMAR SHITLAPRASAD
GUPTA ..COMPLAINANT.
V/S.
PREMCHANDRA SHARDAPRASAD
UBEY ....ACCUSED.
COMPLAINT
Dated this 10th day of September 2007
----------------------------------------------
V/S.
MR. HIMMATLAL PARMAR ]
an adult, Occ- Business, Hindu adult, Indian ]
Inhabitant of Mumbai, carrying on business & ]
residing at Anmol Novelties, Shop No. 12/13, ]
Sector No. 10/B-27, Shanti Nagar, Mira Road, ]
(East), Thane – 401 107 and permanent resident ]
of Sadni, Dist – Pali, State of Rajasthan ] ..ACCUSED.
3. I say that I had presented the above referred cheque in my bank i.e
CITY CO-OP. BANK LTD, Dahisar Branch, Mumbai but the same was
returned unpaid with the cheques return Memo dated 16.05.2007 with an
endorsement “ACCOUNT BLOCKED” which clearly shows that the accused
never had the intention of clearing his liability of dishonoured above referred
cheques. Hereto annexed and marked Exhibit ‘B’ is the Xerox copy of the
cheques return memo of the Canara Bank, Mira Road, Thane (E), dated 16-05-
2007.
4. I say that thereafter I had given statutory notice to the accused vide my
Advocate’s letter dated 07-07-2007 which was posted on 09-07-2007 and
called upon the accused to pay the above referred cheque amount i.e Rs.
40,000/- (Rupees Fourty Thousand Only) within the stipulated period of 15
days. I say that the said notice was sent to the accused by Courier. Hereto
annexed and marked Exhibit ‘C’ is the Xerox copies of the notice dated 07-
07-2007.
5. I say that the notice which was sent by courier dated 09.07.2007
to the accused at the address of the accused with proper and necessary
charges paid to the Courier services and the presumption is that the
same has been duly received by the accused. Hereto annexed and
marked Exhibit ‘D’ is the Xerox copy of courier dated 09-07-2007.
8. I say that the above referred cheques as Exhibit ‘A’ was presented
within stipulated period and the statutory notice was sent within
stipulated time therefore the Complainant is approaching to this
Hon’ble Court therefore the present complaint is filed within the time.
9. I say that above referred cheque at Exhibit ‘A’ was presented in
the City Co-op. Bank Ltd., Dahisar (East), Mumbai and the
Complainant is also residing at Dahisar (East), that the bank and
residence of the complainant both are situated in the jurisdiction of
Dahisar (East) Police Station therefore, this Hon’ble Court is got ample
power and jurisdiction to entertain and try the present complaint.
10. Hence, I am filing this complaint against the accused for having
committing offence under section 138 of Negotiable Instrument Act and
pray that process be issued against the accused at the first instance and
he be dealt with according to law.
And for this act of kindness the complainant is in duty bound and
shall ever pray.
Place : Mumbai.
INDEX
Sr. No. Particulars Page Nos.
7. Complaint
8. Vakalatnama
9. Exhibit ‘A’ : Xerox copy of
cheque dated 15-05-2007.
10. Exhibit ‘B’ : Xerox copy of
Bank return Memo dated 16-05-2007.
11. Exhibit ‘C’-Colly. : Xerox copies of
the notice dated 07-07-2007 and reciepts.
6. Exhibit ‘D’: Xerox copy of
postal acknowledgement of R.P.A.D.
Last page…….
COMPLAINANT.
COMPLAINT
Dated this 10th day of September 2007
----------------------------------------------
VERIFICATION STATEMENT.
Complainant on S.A.
NAME: SAVITA RAJENDRA MOHITE, aged about years, Occupation:
House wife, Residing at Malad (East), Mumbai.
I am the Complainant and I, have filed this complaint against
the Accused. The accused had issued the Cheque towards the
discharge of liability in full and which is dishonoured. The
details is as given below:-
1. (a) Cheque No. : 005433
(b) Cheque Date : 1-1-2004
(c) Cheque Amount : 20,000/-
(d) Name of Drawer’s Bank : THE R.S. CO-
OP. BANK LTD.,
2.(a) Date of presentation of Cheque : 3-1-2004
(b) Name of the Drawee’s Bank : ABHYUDAYA CO-
OP.BANK LTD.,
3. Date of receiving intimation from : 6-1-2004
bank about bouncing of Cheque and : “PAYMENT
bank remark : STOPPED BY THE
DRAWER”
….2/-
- 2 -
COMPLAINANT.
BEFORE ME,
O R D E R
APPLICATION FOR
CONDONATION OF DELAY
Place – Mumbai
Date - .07.2006
Complainant
Identified by me
Advocate for Complainant
3. I say that on the repeated demands for the payment against the
goods supplied to the accused, the accused passed and/or issued three
cheques as follows:-
Cheques No. Date Amount Drawn on
(1) 000218 6.2.2006 1,05,718/- The Saraswat Co-op.
Bank Ltd.
(2) 000219 6.2.2006 1,07,175/- The Saraswat Co-op.
Bank Ltd.
(3) 032133 17.2.2006 71,354/- The Saraswat Co-op.
Bank Ltd.
The said cheques were issued by the accused in order to discharge their
Exhibit ‘A’ liabilities towards the complaint. Hereto annexed and marked Exhibit
‘A’ collectively are the Xerox copies of the cheques above mentioned.
INDEX
1. Complaint
5. Vakalatnama
COMPLAINT
DATED THIS DAY OF JULY, 2006
4- I say that I received the said return cheques with the memo of the
accused’s bank on 29.04.2006 and immediately I intimated the same to
the accused in respect thereof.
having sufficient credit in his bank account, issued the said cheques in
order to deceive me and cheat me, having knowledge that he does not
have these much amount in his credit.
11. That the Complaint is filed well within time, it is therefore prayed
that the process may kindly be issued against the accused.
Place : Mumbai.
Date : day of July, 2006. [YASH DEVELOPERS]
COMPLAINANT.
[YASH DEVELOPERS]
COMPLAINANT.
BEFORE ME.
Explained, Interpreted and Identified by me.
INDEX
12. Complaint
6- Vakalatnama
Last
page…….
COMPLAINT
---------------------------------------------------
M/S. K.J. TIWARI
Advocate for the Complainant,
M.J. Phule Nagar, Hawa Hira
Park,
Kurar Village, Malad (East),
Mumbai – 400 097.
V/S.
MR. SANTOSH KUMAR RAM LAL VERMA ]
aged about years, Occ- Business, ]
Hindu adult, Indian Inhabitant of Mumbai, ]
residing at Durga Mata Chawl, Kranti ]
Nagar, Near Vikas Medical, Kandivali (East), ]
Mumbai – 400 101 ]
..ACCUSED.
5. I say that the notice which was sent by R.P.A.D. to the accused
No.1 was received by him (the date is not mentioned on the
acknowledgement) and the notice sent to the accused by U.P.C. has
been served upon the accused as till to date the postal authorities have
not returned the same unserved, Hereto annexed and marked Annexure
‘D’ is the copy of postal acknoledgment.
10. Hence, I am filing this complaint against the accused for having
committing offence under section 138 of Negotiable Instrument Act and
pray that process be issued against the accused at the first instance and
he be dealt with according to law.
And for this act of kindness the complainant is in duty bound and
shall ever pray.
Place : Mumbai.
[VINOD KUMAR
SINGH]
COMPLAINANT.
INDEX
13. Complaint
14. Vakalatnama
15. Exhibit ‘A’ : Xerox copy of
cheque dated 3-12-2005.
16. Exhibit ‘B’ : Xerox copy of
Bank return Memo dated 5-12-2005.
17. Exhibit ‘C’-Colly. : Xerox copies of
the notice dated 17-12-2005 and reciepts.
18. Exhibit ‘D’: Xerox copy of
postal acknowledgement of R.P.A.D.
Last
page…….
COMPLAINANT.
COMPLAINT
Dated this 21st Jan, 2006
M/S. K.R TIWARI & CO,
Advocate for the Complainant,
Plot No.26-A, Hawa Hira Park,
Kurar Village, Malad (East),
Mumbai – 400 097.