IN THE COURT OF THE HON’BLE PRL.

SENIOR CIVIL
JUDGE, R.R. DIST., AT: L.B. NAGAR.
I.A. No. 1297 of 2018
IN
O.S. No. 1807 OF 2016
BETWEEN:

B. Prabhakar …PETITIONER/PLAINTIFF

A N D

1. Dandothikar Jagadish Kumar

2. Smt. D. Jyothi …….RESPONDENTS/DEFENDANTS

AFFIDAVIT

I, B. Prabhakar, S/o. Late. B. Jagadiswaraiah, Aged about: 48 years,

Occ: Business, R/o. H.No: 5-31, Tara nagar, Chandanagar, Serilingampally,
Dist: Ranga Reddy, T.S. do hereby solemnly and sincerely affirm and sincerely
state on oath as follows:

1. I am the petitioner herein and the plaintiff in the above suit and as such
I well acquainted with the facts of the case. I crave leave of this Hon’ble court to
read the plaint and the documents as part of this affidavit.

2. I submit that the respondent Nos. 1&2/defendant Nos.1&2 is known to

me for the last 25 years and respondent Nos. 1&2/defendant Nos.1&2 is doing
a real estate business. With this acquaintance, the respondent Nos.
1&2/defendant Nos.1 & & 2 approached me during the first week of May,
2007 and requested to arrange a sum of Rs. 10,00,000/- (rupees Ten Lakhs
only ) towards hand loan for respondent Nos. 1&2/defendant Nos.1&2to meet
his business and legal necessities. I initially expressed inability to lend such a
huge amount but with a view to help him as a friend and business profile of
respondent Nos. 1&2/defendant Nos.1&2, I paid an amount of Rs.10,00,000/-
(rupees Ten Lakhs only) on 15-05-2007 through Cheques vide 1). Cheque Br.
No.604047 for an amount of Rs. 88,000/-(Rupees Eighty Eight Thousand only)
2). Cheque Br. No.822581 for Rs. 4,60,000/- (Rupees Four Lakhs Sixty
Thousand only ) and remaining amount of Rs. 4,52,000/- in cash to
respondent Nos.1&2/defendant Nos.1&2 in the presence of the witnesses and

DEPONENT Contd….2
 ::2::

respondent Nos. 1&2/defendant Nos.1&2issued a receipt towards of the above

said hand loan transaction. Respondent Nos.1&2/ Defendant Nos.1&2 have
further promised to me that respondent Nos. 1&2/defendant Nos.1&2 will
repay the said amount within one year.

3. I submit that after passing of one year time, I demanded the respondent
Nos.1&2/defendant Nos.1&2 to repay the hand loan amount but the
respondent Nos.1&2/defendant Nos.1&2 expressed their inability to pay the
same as they promised earlier and requested some more time and the
respondent Nos.1&2/defendant Nos.1&2 have voluntarily agreed to pay the
interest @ 24% per annum from the date of loan till realization. Thereafter I
demanded the respondent Nos.1&2/defendant Nos.1&2 several occasions for
repayment of the hand loan but the respondent Nos.1&2/defendant Nos.1&2
dodged the issue of repayment of hand loan on one pretext or other and gained
maximum time. Finally I demanded the respondent Nos.1&2/defendant
Nos.1&2 to repay the hand loan amount along with interest.

4. I further submit that finally after several demands, the respondent

Nos.1&2/defendant Nos.1&2 issued a cheque bearing No.186832, dated 24-
06-2016 for an amount of Rs. 5,00,000/- (rupees Five Lakhs only ) and further
respondent Nos. 1&2/defendant Nos.1&2 issued a cheque br. No. 186844 dt:
24-06-2016 for an amount of Rs.5,00,000/- (rupees Five Lakhs only ) drawn
on A.P. Grameena Vikas Bank, R.C. Puram Branch, Dist: Medak in my favour
towards discharge of the respondent Nos. 1&2/defendant Nos.1&2 legally
enforceable debt. The respondent Nos. 1&2/defendant Nos.1&2 have further
promised me that the respondent Nos. 1&2/defendant Nos.1&2 will honour the
cheque on presentation.

5. I further submit that I presented the above cheque bearing No.186832,

dated 24-06-2016 for an amount of Rs.5,00,000/- (rupees five lakhs only) in
my bank i.e., Vijaya bank, Chandanagar Dist: Ranga Reddy for collection.
However to utter shock and surprise of mine, the cheque was returned by
respondent Nos. 1&2/defendant Nos.1&2 with an endorsement “kindly contact
Drawer/Drawee Bank and Please present again” vide cheque return Memo dt:

DEPONENT Contd…3
 ::3::

28-06-2016 and the same was received by my bank and on notice of return of
cheque I approached respondent Nos. 1&2/defendant Nos.1&2 on phone and
after respondent Nos. 1&2/defendant Nos.1&2promised me that again present
the above said cheque br. No.186832, dt:24-06-2016 for an amount of Rs.
5,00,000/-(Rupees Five Lakhs only) and also presented another cheque br. No.
186844, dt: 24-062016 for an amount Rs.5,00,000/- (Rupees Five Lakhs only)
in my bank for collection again to utter shock and surprise of mine that the
said cheque was returned by you respondent Nos. 1&2/defendant Nos.1&2
bank with an endorsement “Drawers signature to operate account not received’
vide cheque return memo dt: 05-07-2016. On notice of return of cheque, I
approached respondent Nos. 1&2/defendant Nos.1&2 promised on phone and
after respondent Nos. 1&2/defendant Nos.1&2 promised me that again present
the above said cheque further and I obliged the request and presented the
above first cheque br. No. 186832, dt: 24-06-2016 for an amount of Rs.
5,00,000/- (Rupees Five Lakhs only) and another cheque br. No. 186844, dt:
24-06-2016. For an amount of Rs.5,00,000/-(Rupees Five Lakhs only) in his
bank for collection again to utter shock and surprise to me, the cheque was
returned by respondent/defendant bank with an endorsement “wrongly
delivered/Not drawn on” vide cheque return memo dt:12-07-2016.Thereafter I
approached respondent Nos. 1&2/defendant Nos.1&2 and respondent Nos.
1&2/defendant Nos.1&2 assured finally that the said cheques will honoured
after two days and I obliged your request and presented the above said two
cheques i.e., 1) cheque br. No.186832, dt: 24-06-2016 , 2) cheque br. No.
186844, dt: 24-06-2016 for an amount of Rs. 5,00,000/- (Rupees Five Lakhs
Only) each in his bank for collection again to utter shock and surprise of me
that the said cheques were returned by respondent/defendant bank with an
endorsement “INSUFFICIENT FUNDS” vide cheques return memo dt:16-07-
2016 and the same was received by me from their bank.

6. I further submit that the respondents/defendants failed to repay the

cheque amount to me. On notice of return of cheque, I approached the
respondents/defendants on phone several times but the
respondents/defendants not in contact and not responding to my call. Even I
provided sufficient time to clear the due amount within time. But the
respondents/defendants postponed the matter with one reason to other. I

DEPONENT Contd…4
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several times tried to contact the respondents/defendants but it went into vain.
I vexed with the attitude of the respondents/defendants.

7. I further submit that in spite of the several attempts made by me, the
respondents/defendants have not taken any steps to repay the cheque
amount. The respondents/defendants took the undue advantage of my
innocence and cheated me. The respondents/defendants postponed the
payment by saying one or the other reasons and not taken any steps and was
not serious about discharging their legal liability.

8. I further submit that I finally issued a legal demand notice dt. 05-08-
2016 to the respondents/defendants through Regd. Post along with
acknowledgment card and the same was received by the
respondents/defendants on 05-08-2016 and after receiving the legal notice the
respondents/defendants neither paid the dis-honoured cheque amount nor
compiled the terms of the legal notice. The respondents/defendants with an
ulterior motive had avoided the bonafide payments to me.

9. The plaintiff further submits that the plaintiff had filed a criminal case
against the defendant under section 138 & 142 of NI Act before the ADDL.
Judicial First Class Magistrate, AT: Sangareddy. vide S.R. No. 665 of 2016 and
the same is pending.

10. I further submit that I came to know through my well wishers and
friends in Jawahar Colony, Chandanagar Village where the
respondents/defendants are residing and the respondents/defendants are
permanently shifting to their native place and by selling away the properties
which belongs to the respondents/defendants with the intention to defeat the
my interest in recovery of money and it will be very difficult for me to secure
their presence during the course of trail and recovery the money with
attachment of the property before judgment.

11. It is further submitted that the respondents/defendants are having

knowledge and deliberately avoiding and neglecting to pay the said due amount
with malafide intention to loss & harass me in all aspects. The
respondents/defendants are liable to pay the same along with interest 24%

DEPONENT Contd…5
 ::5::

P.A. Therefore I have no other alternative and efficacious remedy to except to

approach this Hon'ble Court for redressal of the grievance by way of the
present suit and to seek a decree for recovery of Rs. 10,00,000/- (Rupees Ten
Lakhs Only) along with interest.

12. I further submit that I apprehend that the respondents/defendants may

leave the jurisdiction of this Hon’ble Court at any point of time. If they do so I
will be put to serious loss and hardship and I further submit that to my
knowledge the respondents/defendants and the respondents/defendants in
collusion with each other and the respondents/defendants had entered into
agreement of sale with third parties with illegal gain.

I3. I further submitted that the Hon’ble Court was pleased to issue show
cause notices to the Respondents 1&2 /defendants 1&2 in IA No: 197/16 in
OS. 187/16 and thereafter conditional order within three days to furnish the
security deposit. So thereafter with malafide intention to defeat the interest of
the Plaintiff/Petitioner had sold the schedule properties to the third parties as
Respondents 1&2 /defendants 1& 2 filed in their counter affidavit stating that
in para No.16 of the Counter affidavit. Respondents 1&2 /defendants 1& 2
denied the facts we are making hectic efforts to alienate the schedule properties
mentioned below.

So therefore the Respondents1&2/defendants1&2 violated their

undertaking so the Hon’ble Court may please to prosecute them under section
183 and pass any order or orders which is deems fit in the circumstances of
the case.
SCHEDULE PROPERTIES

All that agricultural dry land bearing Survey. No. 190/A, admeasuring
area Ac.0-32Gts., or 0-32 Hectares, situated at PATI Village, Patancheru
Mandal, under Gram Panchayat Pati, Medak District, A.P., MPP Patancheru.
Z.P.P Medak at Sangareddy, Registration Sub-District Sangareddy, Registration
District Medak at Sangareddy and bounded by:

North : Agricultural land of K. Adivi Reddy

South : Agricultural land of K. Sathi Reddy

East : Agricultural land of T. Madhava Reddy

West : Agricultural land of K. Sathi Reddy

 All that the part of plot bearing Nos. 8, 9, 10 & 11 in Survey. No.347,
admeasuring 116 Sq. Yards, (out of 650 Sq. Yds). Situated at Chandanagar
Village, Serilingampally Mandal and Municipality, Ranga Reddy District, A.P.,
and bounded by:

North : Plot of Sri D. Dathu,

South : Plot of Sri D. Vijay,

East : 15’ wide Road,

West : 15’ wide Road

All that the Flat No.G-2, (in Ground Floor), with built up area of 680
Sq.feet, along with an undivided share of land admeasuring 25.00 Sq. Yards
(Out of 306.77 Sq. Yards) on Plot No.302, in Category MIG in Phase-II of the
Ramachandrapuram Ring Town, in Survey Nos.366 and 367 of “CHIRU
RESIDENCY” situated at CHANDANAGAR VILLAGE, Serilingampally Mandal
and Municipality, Ranga Reddy District and bounded by:
BOUNDARIES FOR LAND

North : Plot No.59-A HIG

South : 9.00 Mtrs. Wide Road

East : Plot No.303 MIG-B

West : Plot No.301 MIG-B

BOUNDARIES FOR FLAT NO.G-2

North : Passage

South : Flat No. G-3

East : Parking

West: Open Space

It is therefore prayed that the Hon’ble Court may be pleased to order of

violated their undertaking so the Hon’ble Court may please to prosecute the
respondents/defendants before judgment as petition schedule property for an
amount of Rs. 10, 00,000/- (Rupees ten lakhs Only) till the disposal of the
above suit and pass necessary order or orders which are deem fit and proper in
the circumstances of the case and in the interest of justice. Therefore

Sworn and signed on this the

07th day of November, 2016 at
L.B. Nagar. Deponent

ADVOCATE/L.B. Nagar