IN THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS, DISTRICT
COURT, GURUGRAM
CRIMINAL COMPLAINT NO ……………. OF 2018
IN THE MATTER OF:-
YES BANK LIMITED
....COMPLAINANT
VERSUS
Dr. GINI GOPINATH KALATHIL ….ACCUSED
INDEX
S. NO. PARTICULARS PAGE NO.
1. Complaint under Section 138 of the Negotiable
Instruments Act, 1881.
2. List of Witnesses
3. List of Documents
4. Evidence by way of affidavit alongwith exhibits
5. Vakalatnama
COMPLAINANT
THROUGH:
[INDIAN LAW PARTNERS]
ADVOCATES & CONSULTANTS
PLACE: GURUGRAM
DATED: .06.2018
IN THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS, DISTRICT
COURT, GURUGRAM
CRIMINAL COMPLAINT NO ……………. OF 2018
IN THE MATTER OF:-
YES BANK LIMITED
DLF CYBER CITY,
GURGAON-122002
(Through its authorized representative)
Sh. Pankaj Kumar Sharma)
....COMPLAINANT
VERSUS
Dr. GINI GOPINATH KALATHIL
OFFICE-DENTA CARE PVS PLAZA KUNNAMKULAM
NR PVS AUDITORIUM THRISSUR-680503
ALSO AT
RES-CHOLAYIL HOUSE,THAMARAYOOR
POST KOTTAPADI THRISSUR -680505
….ACCUSED
P.S- DLF PHASE-2
COMPLAINT UNDER SECTION 138/142 OF NEGOTIABLE
INSTRUMENTS ACT 1881,( AS AMENDED UP TO DATE )
MOST RESPECTFULLY SHOWETH:-
1. That complainant Yes Bank Limited is Banking Company within the
meaning of Section 5 (C) of the Banking Regulation Act, 1949 and a
Schedule Commercial Bank notified by the Reserve Bank of India.
2. That the accused approached to complainant bank and requested for
grant of a Personal loan facility.
3. That complainant believing upon accused persons assurances and
warranties that he shall make the repayment of the loan facility on
time without any delay and default thereby complainant bank granted
to accused person a Personal loan facility vide Loan Account Nos.
PLN051600147340 to be payable on monthly basis and accused
persons also executed various documents and acknowledgement
receipts.
4. That the accused have defaulted in making regular and timely
payment in the agreed manner due to which the Bank had recalled
loan facility as per agreed terms and conditions.
5. That complainant bank towards the payment of Loan presented the
Cheque bearing No. 626534 of Rs.15,00,000/-(Rupees Fifteen
Lakhs Only) dated 16.05.2018 drawn on State Bank Of
Travancore,Guruvayur,70257, Komath Building East Nada,Guruvayur
P.O-680101 issued by the accused, which got dishonored for the
reason of “Refer to Drawer” vide cheque returning memo dated
19.05.2018.
6. That thereafter complainant tried to contact the accused but was of no
avail as the accused did not pay any heed to the request of the
complainant, and after exhausting every means the complainant was
constrained to send legal demand notice through its counsel on
11.06.2018 by Speed Post upon the accused, but despite the service
of the Legal Notice the accused did not bother either to reply nor made
the payment of the aforesaid dishonoured cheque, due to which it is
clear that the accused has committed offence under section 138 of the
NI Act, 1881 of dishonour of cheque.
7. That said cheque was issued by the accused in discharge of his legal
liability and by dishonouring the same, the accused has made himself
to be prosecuted for the offences punishable under Sections 138 to
142 of the Negotiable Instruments Act, 1881 (as amended upto date).
8. That the cause of action arose in favour of the complainant and
against the accused when the accused failed to pay the value of the
said cheques within 15 days of the receipt of the legal notice dated
11.06.2018 and thereafter the cause of action is arising on each and
every day .
9. That this Hon’ble Court has the jurisdiction to take the cognizance of
the Complaint, as the banker of the complainant is situated at
Gurugram, moreover the legal demand notice is also issued from
Gurugram, which all falls within the jurisdiction of this Hon’ble Court.
10. That the complaint is within limitation as per the Negotiable
Instruments Act.
It is, therefore, most respectfully prayed that this Hon'ble Court may be
pleased to:
a. take cognizance of the complaint of the complainant and to
summon the accused and to try and punish him under Section
138 of the Negotiable Instruments Act, 1881 for the offences
committed by him,
b. impose costs and compensation on the accused and to order
payments to the complainant according to law;
c. pass any such other or further reliefs as this Hon'ble Court
deems fit and proper in the facts and circumstances of the case.
COMPLAINANT
THROUGH:
[INDIAN LAW PARTNERS]
PLACE: GURUGRAM ADVOCATES AND CONSULTANTS
DATE: .06.2018
IN THE COURT OF JUDICIAL MAGISTRATE, FIRST CLASS, DISTRICT
COURT, GURUGRAM
CRIMINAL COMPLAINT NO.……………. OF 2018
IN THE MATTER OF:-
YES BANK LIMITED
....COMPLAINANT
VERSUS
Dr. GINI GOPINATH KALATHIL ....ACCUSED
LIST OF WITNESSES
1) Pankaj Kumar Sharma, authorized representative of the
complainant.
2) Branch Manager/Dealing Clerk of Yes Bank, DLF Cyber City, 7th
Floor, Building No.8-B, Gurgaon-122002.
3) Branch Manager/Dealing Clerk of State Bank Of
Travancore,Guruvayur,70257, Komath Building East
Nada,Guruvayur P.O-680101.
4) Any other witness with the permission of this Hon’ble Court.
COMPLAINANT
THROUGH
[INDIAN LAW PARTNERS]
ADVOCATES & CONSULTANTS
PLACE: GURUGRAM
DATED: .06.2018
IN THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS, DISTRICT
COURT, GURUGRAM
CRIMINAL COMPLAINT NO ……………. OF 2018
IN THE MATTER OF:-
YES BANK LIMITED
....COMPLAINANT
VERSUS
Dr. GINI GOPINATH KALATHIL ….ACCUSED
LIST OF DOCUMENTS
1) Power of attorney
2) Cheque bearing No. 626534 of Rs.15,00,000/-(Rupees Fifteen Lakhs
Only) dated 16.05.2018 drawn on State Bank Of
Travancore,Guruvayur,70257, Komath Building East Nada,Guruvayur
P.O-680101
3) Cheque Returning Memo.
4) Legal Notice.
5) Speed Post Receipts.
6) Internet delivery report.
7) Any other documents with the permission of the Hon’ble Court.
8) Vakalatnama.
COMPLAINANT
THROUGH
[INDIAN LAW PARTNERS]
ADVOCATES & CONSULTANTS
PLACE: GURUGRAM
DATED: .06.2018
IN THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS, DISTRICT
COURT, GURUGRAM
CRIMINAL COMPLAINT NO ……………. OF 2018
IN THE MATTER OF:-
YES BANK LIMITED
....COMPLAINANT
VERSUS
Dr. GINI GOPINATH KALATHIL ….ACCUSED
POLICE STATION: DLF PHASE-2
EVIDENCE BY WAY OF AFFIDAVIT
I, Pankaj Kumar Sharma, being age about-26 years the authorized
Representative of Yes Bank Limited, present at Gurugram do hereby
solemnly affirm and declare as under:
1. I state that I am the authorized representative of the complainant in
the above-mentioned matter and being well conversant with the facts
and circumstances of this case I am competent to swear this affidavit.
2. I say that complainant Yes Bank Limited is Banking Company within
the meaning of Section 5 (C) of the Banking Regulation Act, 1949 and
a Schedule Commercial Bank notified by the Reserve Bank of India.
The complainant company is filing the present complaint through me
as I have been authorized by Power of attorney. Power of attorney is
exhibited as (Ex CW1/1).
3. I say that the accused approached to complainant bank and requested
for grant of a Personal loan facility.
4. I say that complainant believing upon accused assurances and
warranties that they shall make the repayment of the loan facility on
time without any delay and default thereby complainant bank granted
to accused a Personal Loan facility vide Loan Account No.
PLN051600147340 to be payable on monthly basis and accused also
executed various documents and acknowledgement receipts.
5. I say that the accused have defaulted in making regular and timely
payment in the agreed manner due to which the Bank had recalled
loan facility as per agreed terms and conditions.
6. I say that complainant bank towards the payment of Loan presented
the Cheque bearing No. 626534 of Rs.15,00,000/-(Rupees Fifteen
Lakhs Only) dated 16.05.2018 drawn on State Bank Of
Travancore,Guruvayur,70257, Komath Building East Nada,Guruvayur
P.O-680101 issued by the accused, which got dishonored for the
reason of “Refer to Drawer” vide cheque returning memo dated
19.05.2018. Original of cheque is exhibited as (Ex CW1/2) and bank
returning memo is exhibited as (Ex CW1/3).
7. I say that thereafter complainant tried to contact the accused but was
of no avail as the accused did not pay any heed to the request of the
complainant, and after exhausting every means the complainant was
constrained to send legal demand notice through its counsel on
11.06.2018 by Speed Post upon the accused, but despite the service
of the Legal Notice the accused did not bother either to reply nor made
the payment of the aforesaid dishonoured cheque, due to which it is
clear that the accused has committed offence under section 138 of the
NI Act, 1881 of dishonour of cheque. Office copy of legal notice is
exhibited as (Ex CW1/4). Original postal receipt is exhibited as (Ex
CW1/5).
8. I say that said cheque was issued by the accused in discharge of his
legal liability and by dishonouring the same, the accused has made
himself to be prosecuted for the offences punishable under Sections
138 to 142 of the Negotiable Instruments Act, 1881 (as amended upto
date).
9. I say that the complainant has not filed any other complaint in any
court of law qua the transaction of the aforesaid cheque in question.
10. I say that I have filed the present complaint within the period of
limitation as prescribed by the law, and present evidence by way of
affidavit is exhibited as Ex. CW1/A and bears my signature at point A
and B.
DEPONENT
VERIFICATION:
Verified at Gurugram on this day of June, 2018 that the contents of the
above affidavit are true and correct to the best of my knowledge so derived
from the official records of the company as maintained by it in due course of
its business.
DEPONENT
