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IN HONBLE COURT OF RNPI SCHOOL OF LAW AND

JUSTICE, VALLABH VIDHYA NAGAR, ANAND


P.C.R no._______/2015
C.C no.______/2015

IN THE MATTER OF
Ms. Nency Soni.........................................................................COMPLAINANT
VERSUS
Mr. Siddharth Trivedi...ACCUSED

INDEX:
SR NO

PERTICULARS

PAGE NO

Memorandum of Complaint

List of Witness

List of Documents

Vakalatnama

Process Fee

Copy of Complaint

10

IN HONBLE COURT OF RNPI, VALLABH VIDHYA NAGAR,

MEMORANDUM OF COMPLAINT

ANAND
P.C.R no.______/2015
C.C no._______/2015
IN THE MATTER OF
Ms. NENCY SONI.
VII Semester, B.B.A, L.L.B (12),
VALLABH VIDHYA NAGAR, ANAND.COMPLAINANT

VERSUS
Mr. SIDDHARTH TRIVEDI.
VII Semester, B.com, L.L.B (12),
VALLABH VIDHYA NAGAR, ANANDACCUSED
COMPLAINT u/s:

400 of Cr.P.C
138 & 142 of NEGOTIABLE INSTRUMENT ACT, 1881(AS AMENDED UPTO

DATE)
205 of INDIAN PENAL CODE, 1860

IT IS MOST HUMBLY AND RESPECTFULLY SHOWETH:


1. That COMPLAINANT resides at within mentioned address and is a proprietor of
Textile Business.
2. That ACCUSED is a known person to COMPLAINANT since last TEN (10)
years as they are in same field of business.
3. That ACCUSED demanded a friendly loan of 5.5 lakhs (5, 50,000) INR in month
of April, 2014 form COMPLAINANT. Since there has been business relationship
between the COMPLAINANT and the ACCUSED and also that the
COMPLAINANT could repose faith and trust in the ACCUSED, the
COMPLAINANT with a bonafide intention advanced a friendly loan of the said
amount on 30th April, 2015 with a condition that ACCUSED will return the
principle amount within 1 year from the date on which the loan was advanced.
4. That, on 30th May, 2015 ACCUSED paid 25,000 INR in cash to discharge his
partial liability. On the same date the ACCUSED issued a cheque no. 476751 for
5, 25,000 INR assuring that the same is good for value and will be honored as and
when presented. The said cheque was issued from Account no. 108387 which is
held by the ACCUSED. That the present complaint is based on the dishonor of the
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MEMORANDUM OF COMPLAINT

above said cheque which was issued in discharge of a lawful debt.


5. That the ACCUSED assured that the said cheque is good for value and will be
honored as and when presented. Considering the said assurances the
COMPLAINANT accepted the said cheque. That on the basis of said assurances;
the COMPLAINANT presented the above mentioned cheque at RNPI BANK.
That the said cheque was dishonored and returned unpaid by the Banker with
remarks/reasons "Exceeds Arrangement" vides its memo dated 1st June, 2015.
6. That by issuing a spurious cheque, the ACCUSED clearly establishes that he had
no intentions to honor the amount under the said cheque and thus attracted the
criminal prosecution u/s 138 of Negotiable Instrument Act.
7. That a legal notice was served to ACCUSED by the COMPLAINANT on the
account of such dishonor on 20th June, 2015 via REGISTERD POST. The
ACCUSED completely denied the liability to liquidate the due amount in his
reply, stating that COMPLAINANT never advanced any loan to him. By such
reply the ACCUSED clearly established his Malafide intentions of non-repayment
of advanced sum.
8. That at the time of issuing the said cheque, the ACCUSED was aware that the said
cheque will be dishonored on presentation. That the ACCUSED took the
advantage of his rapport with COMPLAINANT and dishonestly induced her to
advance loan of 5, 00,000 INR without any intentions of repaying the same. That
such act of ACCUSED establishes the grounds for criminal breach of trust u/s 405
of IPC.
9. That in the view of facts and circumstances, the COMPLAINANT has valid locus
standi and cause of action for filing the present complaint. The cause of action
falls in favor of COMPLAINANAT as the ACCUSED issued a bogus cheque
which was dishonored and failed to discharge his liability within 15 days from the
date on which the notice was served. The cause of action is still subsisting.
10. That this Honble court have appropriate jurisdiction to try and adjudicate upon
present complaint as;
The cause of action has arisen at VALLABH VIDHYA NAGAR, the cheque was
issued at VALLABH VIDHYA NAGAR, was payable at VALLABH VIDHYA
NAGAR and was dishonored at VALLABH VIDHYA NAGAR.
11. This complainant is within the limitation period prescribed under this Act:
I.
Date of dishonor: 1st June, 2015
II.
Date of Notice: 20th June, 2015
III.
Date of filing complaint: 25th July, 2015
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MEMORANDUM OF COMPLAINT

12. That necessary court fees is paid and the list of documents and witnesses is
annexed with this complaint.
PRAYER
It is, therefore, most respectfully prayed that this Honble Court may be pleased to:
1. The accused be charged with and tried for the offence punishable u/s 138 of the
Negotiable Instruments Act and also u/s 405 of the Indian Penal Code and punished
according to law;
2. This ACCUSED be directed to pay double the amount of said cheque.
3. The Accused be ordered to compensate the Complainant to the extent of 7500 INR in
accordance with Section 357 of Code of Criminal Procedure 1974, out of the penalty
imposed and;
4. Any other orders in the interest of justice.
It is prayed accordingly.

PLACE: VALLABH VIDHYA NAGAR.


DATED: 25th July, 2015

COMPLAINANT
Ms. NENCY SONI

COUNSEL FOR COMPLAINANT


Mr. KARTIK KACHHAWAH

VERIFICATION: I, Ms. NENCY SONI, the present complainant, do hereby state on solemn
affirmation that the contents of this complaint in paragraph 1 to 12 are true and correct to the
best of my knowledge and belief, and so I have signed hereunder.
Ms. NENCY SONI
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MEMORANDUM OF COMPLAINT

IN THE MATTER OF
Ms. Nency Soni.........................................................................COMPLAINANT
VERSUS
Mr. Siddharth Trivedi...ACCUSED
LIST OF WITNESSES
1.
2.

Ms. NENCY SONI


Mr. SIDDHARTH TRIVEDI

MEMORANDUM OF COMPLAINT

IN THE MATTER OF
Ms. Nency Soni.........................................................................COMPLAINANT
VERSUS
Mr. Siddharth Trivedi...ACCUSED

LIST OF DOCUMENTS

1.

Cheque no. 476751 dated 30th May, 2015

2.

Cheque Return Memo dated 1st June, 2015

3.

Copy of Legal Notice dated 20th June, 2015