IN THE COURT OF CHIEF JUDICIAL MAGISTRATE, DISTRICT

COURT, DEHRADUN (UTTARAKHAND)

CRL. COMPLAINT CASE NO. _____ OF 2019

In re:-
Rajneesh Roy …………..Complainant

Versus

Shikhar Mishra .………Accused

INDEX

S. NO. PARTICULARS PAGES

1. Memo of Parties 2

2. List of Witnesses 3

3. Crl. Complaint u/s 138/142 of the Negotiable 4-7

Instruments Act, 1881 along with affidavit of non-
filing and correct address.

4. Evidence by way of Affidavit 8-11

5. Affidavit 12

6. List of Documents with documents

7. Vakalatnama

Dehradun.
Dated: 21.04.2019

(ANUPRIYA BANERJEE)
ADVOCATE
COUNSEL FOR THE COMPLAINANT
CH. NO. 310,
DISTRICT COURT LAWYERS’ CHAMBERS,
DEHRADUN - 248001
(M): +91-8840247870
 IN THE COURT OF CHIEF JUDICIAL MAGISTRATE, DISTRICT
COURT, DEHRADUN (UTTARAKHAND)
CRL. COMPLAINT CASE NO. _____ OF 2019

In re:-
Rajneesh Roy …………..Complainant

Versus

Shikhar Mishra .………Accused

MEMO OF PARTIES

1. Mr. Rajneesh Roy

Aged about 23 years,
S/o Tushar Roy
R/o Kandoli (via Premnagar),
Dehradun – 248001
……….Complainant

Vs.

1. Mr. Shikhar Mishra

Aged about 29 years,
S/o Mr. Dwarka Mishra
R/o Vikas Nagar,
Dehradun – 248001

………Accused

Dehradun.
Dated: 21.04.2019

(ANUPRIYA BANERJEE)
ADVOCATE
COUNSEL FOR THE COMPLAINANT
CH. NO. 310,
DISTRICT COURT LAWYERS’ CHAMBERS,
DEHRADUN - 248001
(M): +91-8840247870
 IN THE COURT OF CHIEF JUDICIAL MAGISTRATE, DISTRICT
COURT, DEHRADUN (UTTARAKHAND)
CRL. COMPLAINT CASE NO. _____ OF 2019

In re:-
Rajneesh Roy

…………..Complainant

Versus

Shikhar Mishra

.………Accused

LIST OF WITNESSES

1. The Complainant himself

2. The clerk concerned through the Manager, Ramgarhia Coop Bank

Ltd., Clock Tower Branch, Dehradun

3. The Clerk concerned through the Manager, HDFC Bank, Clock

Tower, Dehradun

4. Any other witness(s) with the prior permission of this Hon’ble

Court

Dehradun.
Dated: 21.04.2019

(ANUPRIYA BANERJEE)
ADVOCATE
COUNSEL FOR THE COMPLAINANT
CH. NO. 310,
DISTRICT COURT LAWYERS’ CHAMBERS,
DEHRADUN - 248001
(M): +91-8840247870
 IN THE COURT OF CHIEF JUDICIAL MAGISTRATE, DISTRICT
COURT, DEHRADUN (UTTARAKHAND)
CRL. COMPLAINT CASE NO. _____ OF 2019

In re:-
Rajneesh Roy

…………..Complainant

Versus

Shikhar Mishra

.………Accused

CRIMINAL COMPLAINT UNDER SECTION 138/142 OF THE

NEGOTIABLE INSTRUMENTS ACT, 1881 (AS AMENDED UP TO
DATE)

MOST RESPECTFULLY SHOWETH:-

1. That the complainant is a law abiding and peace loving

citizen of India and is residing at the above given address

with her family.

2. That there is good friendly term between the family of the

accused and the complainant since a long time.

3. That in the month of June, 2018, the accused had

approached the complainant and apprised her that he is

in some financial crises and sought the financial

assistance from the complainant to the tune of Rs.2, 10,

000/- (Rupees two lacs ten thousand only) and by

considering the past relations with the accused and his

family, the complainant adhered said request of the

accused and given a sum of Rs.1,80,500 through bank

 transfer and Rs.29,500/- in cash on 05.06.2018. While

taking the said friendly loan from the complainant, the

accused had assured and promised to re-pay the said loan

amount to the complainant shortly.

4. That later on, in order to discharge the said loan liability,

the accused paid a sum of Rs.3,500/- in cash and for the

remaining amount the accused had signed, issued and

handed over a cheque no. ______, dated __.__.2018 of

Rs.2,06,500/-, drawn on HDFC Bank, Clock Tower,

Dehradun Branch, Dehradun - 248001, in favour of the

complainant and while handing over the said cheque, the

acused had assured that the said cheque is good for

payment and would be honoured on presentation.

5. That believing the assurance of the accused as true, the

complainant presented the said cheque for encashment

through her banker Ramgarhia Cooperative Bank Ltd.,

Clock Tower, Dehradun, after its due date, but it was to

the utter shock and surprise to the complainant that the

said cheque returned by your banker with the remarks

“Payment Stopped by Drawer” and this fact has been

communicated to the complainant by her banker vide

Return Memo dated __.__.2018.

6. That thereafter, the complainant approached the accused

personally and apprised him about the fate of the said

cheque and demanded the said cheque amount in cash,

 but the accused with malafide intention and ulterior

motives, avoiding the payment of the said dishonoured

cheque in cash to the complainant, by postponing the

matter on one pretext to another, with the sole intention

to usurp the legitimate sum of the complainant.

7. That being aggrieved with the act of the accused, the

complainant served the statutory legal notice dated

__.__.2018 vide Speed Post dated __.__.2018 upon the

accused, thereby calling upon him to pay the said cheque

amount in cash within 15 days from the date of receipt of

the said legal notice. The said legal notice has been served

upon the accused on __.__.2019, but despite the service

of the same, the accused did not bother to reply or comply

with the terms of the said legal notice, till date.

8. That now the accused has illegally retained the legitimate

sum of the complainant for his wrongful gain and for the

wrongful loss to the complainant and even, the cheque,

which the accused has issued in favour of the

complainant, in order to discharge his said liability got

dishonoured and the accused was well aware about the

status of his account, but despite having knowledge of the

same, the accused issued the said cheque in favour of the

complainant to cheat and defraud the same, as such, the

accused has committed the offences punishable under

Section 138/142 of the Negotiable Instruments Act, 1881

 (As amended up to date), for which he is liable to be

prosecuted and punished according to law.

9. That the parties to the complaint reside and work for gain

at Delhi. The banker of the complainant situates at Vishnu

Garden, within the jurisdiction of P.S. Tilak Nagar, Delhi,

hence this Hon’ble Court has got the jurisdiction to try and

decide the present complaint.

10. That the present complaint is being filed within the

stipulated period of limitation.

11. Prayer –

In view of the above facts and circumstances, it is, therefore,

prayed that this Hon’ble Court may graciously be pleased to summon,

try and punish the above named accused under Section 138/142 of the

Negotiable Instruments Act, 1881 (As amended up to date), in the

interest of justice.

And for this, the complainant shall ever pray.

Dehradun
Dated: 21.04.2019

Complainant

Through

(ANUPRIYA BANERJEE)
ADVOCATE
COUNSEL FOR THE COMPLAINANT
 IN THE COURT OF CHIEF JUDICIAL MAGISTRATE, DISTRICT
COURT, DEHRADUN (UTTARAKHAND)
CRL. COMPLAINT CASE NO. _____ OF 2019

In re:-
Rajneesh Roy …………..Complainant

Versus

Shikhar Mishra .………Accused

EVIDENCE BY WAY OF AFFIDAVIT OF THE COMPLAINANT

Affidavit of Shikhar Mishra, aged about 23 years, S/o Mr. Tushar Roy,

R/o Kandoli (via Premnagar), District Dehradun – 248001.

I, the above named complainant do hereby solemnly affirm and

declare as under:-

1. That I am the complainant in the above noted case and well

conversant with the facts and circumstances of the same, thus am

competent to swear this affidavit.

2. That there is good friendly term between the family of the accused

and the deponent since a long time.

3. That in the month of June, 2018, the accused had approached the

deponent and apprised her that he is in some financial crises and

sought the financial assistance from the deponent to the tune of

Rs.2,10,000/- (Rupees two lacs ten thousand only) and by

considering the past relations with the accused and his family, the

deponent adhered said request of the accused and given a sum of

Rs.1,80,500 through bank transfer and Rs.29,500/- in cash on

__.__.2018. While taking the said friendly loan from the

deponent, the accused had assured and promised to re-pay the

said loan amount to the deponent shortly. The copy of the Pass
 Book of the complainant, showing the Bank Transfer to the

accused is Ex.CW-1/’1’ (Original seen and returned).

4. That later on, in order to discharge the said loan liability, the

accused paid a sum of Rs.3,500/- in cash and for the remaining

amount the accused had signed, issued and handed over a cheque

no. ______, dated __.__.2018 of Rs.2,06,500/-, drawn on HDFC

Bank, Clock Tower, Dehradun - 248001, in favour of the deponent

and while handing over the said cheque, the acused had assured

that the said cheque is good for payment and would be honoured

on presentation. The cheque no. _____, dated __.__.2018 is

Ex.CW-1/’2’.

5. That believing the assurance of the accused as true, the deponent

presented the said cheque for encashment through her banker

Ramgarhia Cooperative Bank Ltd., Clock Tower, Dehradun, after

its due date, but it was to the utter shock and surprise to the

deponent that the said cheque returned by your banker with the

remarks “Payment Stopped by Drawer” and this fact has been

communicated to the deponent by her banker vide Return Memo

dated __.__.2018. The Return Memo dated __.__.2018 is

Ex.CW-1/’3’.

6. That thereafter, the deponent approached the accused personally

and apprised him about the fate of the said cheque and demanded

the said cheque amount in cash, but the accused with malafide

intention and ulterior motives, avoiding the payment of the said

dishonoured cheque in cash to the deponent, by postponing the

matter on one pretext to another, with the sole intention to usurp

the legitimate sum of the deponent.

7. That being aggrieved with the act of the accused, the deponent

served the statutory legal notice dated __.__.2018 vide Speed

Post dated __.__.2018 upon the accused, thereby calling upon

him to pay the said cheque amount in cash within 15 days from

the date of receipt of the said legal notice. The said legal notice

has been served upon the accused on __.__.2019, but despite the

service of the same, the accused did not bother to reply or comply

with the terms of the said legal notice, till date. The Legal Notice

dated __.__.2018 is Ex.CW-1/’4’. The Speed Postal Receipt

dated __.__.2018 is Ex.CW-1/’5’. The Speed Post Tracking

Report is Ex.CW-1/’6’.

8. That now the accused has illegally retained the legitimate sum of

the deponent for his wrongful gain and for the wrongful loss to the

deponent and even, the cheque, which the accused has issued in

favour of the deponent, in order to discharge his said liability got

dishonoured and the accused was well aware about the status of

his account, but despite having knowledge of the same, the

accused issued the said cheque in favour of the deponent to cheat

and defraud the same, as such, the accused has committed the

offences punishable under Section 138/142 of the Negotiable

Instruments Act, 1881 (As amended up to date), for which he is

liable to be prosecuted and punished according to law.

9. That the complaint filed by the deponent is true and correct and

the same has been duly signed by the deponent and he is entitled

for the relief as prayed for in the complaint and the accused be

summoned, tried and punished for the offence punishable Under

Section 138/142 of the Negotiable Instruments Act, 1881 (As

amended up to date).
10. That I am deposing truly and the above statement of mine is true

and correct.

DEPONENT

VERIFICATION

Verified at Dehradun on this ___ day of April, 2019, that the contents

of my above affidavit are true and correct to my knowledge and belief.

DEPONENT
 IN THE COURT OF CHIEF JUDICIAL MAGISTRATE, DISTRICT
COURT, DEHRADUN (UTTARAKHAND)
CRL. COMPLAINT CASE NO. _____ OF 2019
In re:-
Rajneesh Roy …………..Complainant
Versus

Shikhar Mishra .………Accused

AFFIDAVIT
I, Rajneesh Roy, aged about 23 years, S/o Mr. Tushar Roy, R/o Kandoli

(via Premnagar), District Dehradun – 248001, do hereby solemnly

affirm as under :-

1. That I am the complainant in the above noted case and well

conversant with the facts and circumstances of the same, thus

am competent to swear this affidavit.

2. That I have not filed any similar complaint against the accused

before any court of law earlier pertaining to the dishonouring of

the cheque no. ______, dated __.__.2018 of Rs.2,06,500/-,

drawn on HDFC Bank, Clock Tower, Dehradun - 248001.

3. That I have served the statutory legal notice dated __.__.2018

upon the accused vide Speed Post dated __.__.2018 and sent

the same at the last known correct address of the accused i.e.

Vikas Nagar, Dehradun - 248001.

DEPONENT

VERIFICATION

Verified at Dehradun on this ____ day of April, 2019, that the contents

of my above affidavit are true and correct to my knowledge and belief.

DEPONENT