Rajesh Chohan

MBA,LL.B
ADVOCATE
( Punjab & Haryana High Court )
124 ,Lawyer’s Chamber ,
District Courts, Gurdaspur.
( M ) 098141 83087 REGD.A.D

Ref : 074/M/19 Dated: 25 .03.2019

To
Sat Dev Singh s/o Joginder Singh
r/o village Tareti ,
P.O. Shahpur Kandi ,
Pathankot .
Subject : Legal Notice.

Under the instructions and on behalf of Kuldeep

Kumar s/o Sh.Ram Lubhaya r/o H.No.514 /12,Near Lakshmi Narayan
Mandir, Behrampur Road,Gurdaspur hereinafter referred as my client ,I
do hereby serve upon you with the following legal notice:-

1. That, my client is a law abiding person and have very

cordial and friendly relations and visiting terms with you
noticee . You notice is working in the water upplu
department Shahpurkandi Township .
2. That, on 8/1/19 you noticee approached my
clinet and told that he will adjust your brother Sham
Sunder in water supply department in Shahpurkandi as
he had good relations with his senior officers .You
noticee also assured my client that he had already
adjusted many unemployed persons in his department
as permananat employee .You noticee also assured
my client that you will adjust my client with in 1 month
and demanded Rs. 9 lakh .On god faith my client in the
second week of January paid you noticee Rs.4 lakh
cash on account of advance , in the presence of
 …2…
witnesses and after receiving cash amount you noticee
again assured my client that he will provide
appointment letter of Sham Sunder with in 1 month..
3. That , thereafter ,you noticee fail to adjust brother of
my client as assured by you noticee .
4. That, my client approached you noticee so many
times and requested you either adjust his brother as
assured or to pay his money back , but you
noticee did not care about requests of my client .
Ultimately you noticee to discharge your liability ,
issued a cheque in favour of my client amounting to
Rs. 4,00,000-00 , bearing cheque no. 902012 of
SBI, Dunera , dated 26/2/19 .
5. That, my clinet presented the said cheque with his
banker i.e HDFC Bank Ltd , Gurdaspur for
encashment , but the same has been returned
unpaid with memo on 1/3/19 .
6. That, you noticee deliberately had issued bogus
cheque in favour of my client ,thus committed an
offence punishable under section 138 of Negotiable
Instrument Act and also committed fraud with
complainant knowingly which also falls with in the
purview of 406 IPC .
7. That ,act of the you noticee is illegal null and void , you
knowingly committed fraud with my client .

I , do hereby through this legal notice call upon you

noticee to pay the amount of rupees 4,00,000-00 /- within the
stipulated period of this legal notice to my client failing which my client
shall be constrained to initiate criminal proceeding against you
noticee in court of law and in that event you noticee shall be liable for
all the consequences , thereof including litigation expenses .

Note: A carbon copy of this legal notice is retained in my office

for further record and reference.

(Rajesh Chohan )

Advocate
 In the court of Chief Judicial Magistrate
Gurdaspur.

Kuldeep Kumar s/o Sh.Ram Lubhaya r/o H.No.514 /12,Near Lakshmi

Narayan Mandir, Behrampur Road,Gurdaspur .
……Complainant
vs

Sat Dev Singh s/o Joginder Singh

r/o village Tareti ,
P.O. Shahpur Kandi ,
Pathankot .

………..…accused

Complaint u/s 138 of the Negotiable & Instrument Act

P.S.City ,Gurdaspur
Sir ,

Respectfully showth as under :

1. That, complainant is a law abiding person and have
very cordial and friendly relations and visiting terms with
you noticee . Accused is working in the water supplu
department Shahpurkandi Township .
2. That, on 8/1/19 accused approached
complainant and told that he will adjust his brother Sham
Sunder in water supply department in Shahpurkandi as he
had good relations with his senior officers .Accused also
assured complainant that he had already adjusted many
unemployed persons in his department as permanent
employee . Accused also assured complainant that he
will adjust brother of complainant with in 1 month and
demanded Rs. 9 lakh .On god faith in the complainant
in second week of January paid to accused Rs.4 lakh
cash on account of advance , in the presence of
 …2…
witnesses and after receiving cash amount accused
again assured complainant that he will provide
appointment letter of Sham Sunder with in 1 month.
3. That , thereafter , accused fail to adjust brother of
complainant as assured by him .
4. That, complainant approached accused so many
times and requested him either adjust his brother as
assured or to pay his money back , but accused
did not care about requests of complainant . Ultimately
accused to discharge his liability , issued a cheque in
favour of amounting complainant to
Rs. 4,00,000-00 , bearing cheque no. 902012 of
SBI, Dunera , dated 26/2/19 .
5. That, complainant presented the said cheque with his
banker i.e HDFC Bank Ltd , Gurdaspur for
encashment , but the same has been returned unpaid
with memo on 1/3/19 .
6. That, accused deliberately had issued bogus cheque in
favour of complainant ,thus committed an offence
punishable under section 138 of Negotiable Instrument
Act and also committed fraud with complainant
knowingly which also falls with in the purview of 406 IPC .
7. That ,act of the accused is illegal null and void ,he
knowingly committed fraud with the complainant .
8. That , complainant issued legal notice through his counsel
on dated 125/3/19 vide registered post ,but accused
did not bother to re-pay the amount of cheque ,hence
this complaint .
9. That ,act of the accused is illegal null and void ,he
knowingly committed fraud with the complainant.
10. That , this Hon’ble court has jurisdiction to try and
entertain the present complaint ,because cause of action
accrued at Gurdaspur, cheque was dishonored by the
bank named above are situated at Gurdaspur.
11. That , value for the purpose of court fee and jurisdiction is
Rs. 50/- ,hence a court fee has been affixed on the
complaint as enjoined by law.
 ….3…
12. That ,present has been filed with in the period of
limitation .
13. That , accused knowingly cheated the complainant and
grabbed his hard earned money and also infringed the
provisions of law for which he is liable to punished
according to law and also burdened with heavy cost and
fine.
14. That , due to fraudulent act of accused , complainant
physically and mentally tortured and suffered irreparable
loss.

It is therefore prayed that stern action may please be

taken against accused as per provisions of law and he may also please
be punished accordingly and heavy fine and cost may kindly also please
be imposed upon him ,in the interest of justice.

Kuldeep Singh

….complainant

Through Counsel

Rajesh Chohan
Advocate
LIST OF WITNESS
1, Complainant .

2. Dealing Clerk , HDFC Bank Ltd , Gurdaspur along with record of

cheque no. 902012 dated 26/2/19 and memo dated 1/3/19
amounting to Rs. 4 lakh issued by Sat Dev Singh s/o Joginder Singh ,s/a no.
31003713826 submitted in the account of complainant . Kuldeep Kumar
s/o Sh.Ram Lubhaya
.
3. Dealing Clerk , SBI, Dunera along with record of cheque no.
902012 dated 26/2/19 and memo dated 1/3/19 amounting to Rs. 4
lakh issued by Sat Dev Singh s/o Joginder Singh ,s/a no. 31003713826.

….complainant
20/4/19
 In the court of Chief Judicial Magistrate ,
Gurdaspur.

Kuldeep Kumar
……Complainant
vs

Sat Dev
………..…accused
Complaint u/s 138 of the Negotiable & Instrument Act
P.S.City ,Gurdaspur

C.W.1 AFFIDAVIT

I, Kuldeep Kumar s/o Sh.Ram Lubhaya r/o H.No.514 /12,Near Lakshmi

Narayan Mandir, Behrampur Road,Gurdaspur do hereby solemnly
affirm and declare as under which may please be read over as
my Examination-in –Chief :
1. That, complainant is a law abiding person and have
very cordial and friendly relations and visiting terms with
you noticee . Accused is working in the water supplu
department Shahpurkandi Township .
2. That, on 8/1/19 accused approached
complainant and told that he will adjust his brother Sham
Sunder in water supply department in Shahpurkandi as he
had good relations with his senior officers .Accused also
assured complainant that he had already adjusted many
unemployed persons in his department as permanent
employee . Accused also assured complainant that he
will adjust brother of complainant with in 1 month and
demanded Rs. 9 lakh .On god faith in the complainant
in second week of January paid to accused Rs.4 lakh
cash on account of advance , in the presence of
 …2…
witnesses and after receiving cash amount accused
again assured complainant that he will provide
appointment letter of Sham Sunder with in 1 month.
3. That , thereafter , accused fail to adjust brother of
complainant as assured by him .
4. That, complainant approached accused so many
times and requested him either adjust his brother as
assured or to pay his money back , but accused
did not care about requests of complainant . Ultimately
accused to discharge his liability , issued a cheque in
favour of amounting complainant to
Rs. 4,00,000-00 , bearing cheque no. 902012 of
SBI, Dunera , dated 26/2/19 .
5. That, complainant presented the said cheque with his
banker i.e HDFC Bank Ltd , Gurdaspur for
encashment , but the same has been returned unpaid
with memo on 1/3/19 .
6. That, accused deliberately had issued bogus cheque in
favour of complainant ,thus committed an offence
punishable under section 138 of Negotiable Instrument
Act and also committed fraud with complainant
knowingly which also falls with in the purview of 406 IPC .
7. That ,act of the accused is illegal null and void ,he
knowingly committed fraud with the complainant .
8. That , complainant issued legal notice through his counsel
on dated 125/3/19 vide registered post ,but accused
did not bother to re-pay the amount of cheque ,hence
this complaint .
9. That ,act of the accused is illegal null and void ,he
knowingly committed fraud with the complainant.
10. Documents are as follows :
Ex C -1
Original cheque amounting to Rupees 400000/-
bearing no. 902012 dated 26/2/19 of SBI
Ex C – 2
Memo dated 1/3/19
 …3…
Ex C – 3
Legal Notice dated 25/3/19
Ex C – 4
Registered postal receipts dated 25/3/19

Deponent

I, do hereby solemnly further affirm and declare that above

noted contents of affidavit are true and correct.

Deponent
20/4/19