Complaint Petition No: of 2014 In the matter of: The complaint petition being filed under section 138/142 of Negotiable instruments act 1881and under Section 420 of Indian Penal Code, for dishonour of cheque no. 755150 dated 25.06.2012 for Rs. 2,90,000/-. 1. Name and address of the complainant : M/S One Stop Solution, office at Club road, 1 st Street, Aakash Institute Lane, Ranchi- 834001 ,a proprietorship firm through its proprietor Sri.Sunny Singh Hura 2. Name and address of the accused : Mr. Manoj Kumar, Megha Electronics, Makhija
Tower,Beside Gurudwara,Main Road,Ranchi- 834001 3. Name of the Witnesses : i. Sri.Sunny Singh Hura the proprietor of he Complainant .
4. Date, time & place of occurrence : 26.02.2011, 25.05.2012, 26.06.2012, 27.06.2012, 28.06.2012, 14.07.2012,16.07.2012, 17.07.2012, 01.08.2012 and on other dates at Ranchi well within the jurisdiction of this learned court. 2
5. Offence Committed : U/S 138 of Negotiable Instruments Act and Section 420of the I.P.C, 1860
This humble complaint petition on behalf of the above named complainant Most respectfully Sheweth:- 1. That the complainant runs a proprietorship concern under the name and style of M/S One Stop Solution having its office located at Club road, 1 st Street, Aakash Institute Lane, Ranchi-834001, a proprietorship firm through its proprietor Sri. Sunny Singh Hura and it carries on the business of distributorship of mobile phone of the brand named Techcom, a product of Sri.Sagarmatha Distributors PVT Ltd via its super stockiest M/S Megha Electronics. 2. That the accused Shri Manoj Kumar son of Not Known, proprietor of M/S Megha Electronics, Makhija Tower, Beside Gurudwara, Main Road, Ranchi-834001,the Super Stockist of Sri.Sagarmatha Distributors PVT LTd and the said accused person through his Proprietor concern engaged in the business interalia of marketing of telecommunication equipments mainly mobile phones . 3. That the accused person on behalf of Sri.Sagarmatha Distributors PVT Ltd executed an agreement dated 26.02.2011 with the complainant stating therein the complainant to carry 3
on the marketing of telecommunication equipments mainly mobile phones through the accused person being the super stockiest of Sri.Sagarmatha Distributors PVT Ltd. 4. That the complainant and the accused person in the course of above business transactions, on 25.05.2012 on mutual settlement of the transactions and the calculations arrived to the conclusions that the accused has to pay RS.2,90,000/- and ceased further carrying of the business .
5. That the accused in discharge of the payment of the above said legally enforceable debt issued the cheque bearing no. 755150 dated 25.05.2012 for Rs. 2,90,000/- (in words rupees two lakhs and Ninety thousand only) and the said cheque was drawn on Karur Vysya Bank Limited, District Ranchi.
6. That the accused while issuing the said cheque assured the complainant that the cheque will be honoured on its presentation and requested to deposit after a month that is on 26.06.2012 on which the complainant agreed.
7. That the accused has apparently issued the cheque without caring to ensure adequate funds and knowing fully well with the ulterior motive to cheat the complainant.
8. That the complainant states that to collect the amount, presented the above mentioned cheque with its banker IDBI Bank Limited, Ranchi on 26.06.2012.
9. That on 28.06.2012 the complainant is informed in writing about the dishonour of the cheque in question on 27.06.2012 and the said cheque was accordingly returned to the 4
complainant with reason for dishonour is insufficient funds in the account of the accused person.
10. That in order to avoid the litigation, the complainant informed the accused that the cheque issued are dishonored reasoning insufficient funds, and by a notice of demand dated 14.07.2012 sent by speed post with acknowledgement due receipt no EJ114380519IN for payment of the dishonored amount of Rs. 2,90,000/-(in words rupees two lakhs and Ninety thousand only) and the same to be paid within 15 days of the receipt of the notice.
11. That the above named accused after receiving the notice came to the office of the complainant on 11.08.2012 and said the dishonoured amount will be paid but he did not make the payment neither in terms of the demand notice nor has made any payment even today.
12. That in view of the facts and circumstances stated above the accused has committed an offence punishable under section 138 of the Negotiable Instruments Act, 1881 and under Section 420 of Indian Penal Code.
13. That the cause of action in respective of the above mentioned cheque arose within the jurisdiction of this Honorable court with the expiry of 15 days from the date of receipt of demand notice by the accused.
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14. That, Shri.Sunny Singh Hura, the proprietor of the M/S One Stop Solution, the complainant in the instant case and well acquainted with all the facts and circumstances the complaint petition. 15. That this complaint petition is being made bonafide in the interests of justice. It is, therefore, humbly prayed that Your honour may kindly consider this petition and examine the complainant and after inquiry be pleased to order for issue the process against the named accused person herein And For this the Complainant shall ever Pray.
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A F F I D A V I T I, Sunny Singh Hura son of Shri Harbans Singh Hura aged about 31 years, resident of Club road, 1 st Street, Aakash Institute Lane, Ranchi-834001 do hereby solemnly affirm and state as follows: 1) That, I am the proprietor of the M/S One Stop Solution, the complainant in the instant case and, as such, I am well acquainted with all the facts and circumstances of this case. 2) That, the statements made in paragraphs .are true to my knowledge and those made in paragraphs-are true to my information, derived from the relevant records of this case and the rests are by way of my humble submissions before this Honble Court. 3) That the annexures to the instant complaint petition are the Photostat copies of its respective originals copies.
Verified, signed and sworn this affidavit at Ranchi on.. day of August, 2012.