IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE,
TIS HAZARI COURT, NEW DELHI
COMPLAINT CASE NO. _________/2020
IN THE MATTER OF:-
SH. SHUBHAM SHARMA …COMPLAINANT
VERSUS
SH. KAPIL GULATI …ACCUSED
INDEX
S.No PARTICULARS PGS. C.F
1. MEMO OF PATIES
2. COMPLAINT UNDER SECTION 138 OF N.I.
ACT ALONG WITH AFFIDAVIT IN SUPPORT.
3. LIST OF DOCUMENTS AND WITNESSES
4. PRE-SUMMONING EVIDENCE BY WAY OF
AFFIDAVIT ON BEHALF OF THE DEPONENT
NAMELY Sh. SHUBHAM SHARMA.
5. AFFIDAVIT U/S 65 (B) 4 OF THE EVIDENCE
ACT ON BEHALF OF THE DEPONENT
6. VAKALATNAMA.
COMPLAINANT
THROUGH
DELHI
DATED:
NISHANT SHARMA
ADVOCATE
OFFICE: NEW-T-BLOCK 58B, FIRST FLOOR
UTTAM NAGAR WEST, NEW DELHI-110059
EMAIL: SHARMA.NISHANT91.NS@GMAIL.COM
MOB: 9953681574
IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE,
TIS HAZARI COURT, NEW DELHI
COMPLAINT CASE NO. _________/2020
IN THE MATTER OF:-
SH. SHUBHAM SHARMA …COMPLAINANT
VERSUS
SH KAPIL GULATI …ACCUSED
MEMO OF PARTIES
SH. SHUBHAM SHARMA
S/O SH. JAG PARVESH SHARMA
R/O WZ-48/4D, STREET NO-8
KRISHNA PARK EXTENSION
OPPOSITE NEW MAHAVIR NAGAR
P.O. TILAK NAGAR, NEW DELHI-110018
MOBILE NO. 9643232151 COMPLAINANT
VERSUS
SH. KAPIL GULATI
W/O SH. CHARANJIT GULATI,
R/O B-4/126, FIRST FLOOR,
PASCHIM VIHAR, NEW DELHI-110063
MOBILE NO. … ACCUSED
COMPLAINANT
THROUGH
DELHI
DATED:
NISHANT SHARMA
ADVOCATE
OFFICE: NEW-T-BLOCK 58B, FIRST FLOOR
UTTAM NAGAR WEST, NEW DELHI-110059
EMAIL: SHARMA.NISHANT91.NS@GMAIL.COM
MOB: 9953681574
IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE, TIS
HAZARI COURT, NEW DELHI
COMPLAINT CASE NO. _________/2020
IN THE MATTER OF:-
SH. SHUBHAM SHARMA
S/O SH. JAG PARVESH SHARMA
R/O WZ-48/4D, STREET NO-8
KRISHNA PARK EXTENSION
OPPOSITE NEW MAHAVIR NAGAR
P.O. TILAK NAGAR, NEW DELHI-110018 …COMPLAINANT
VERSUS
SH KAPIL GULATI,
W/O SH. CHARANJIT GULATI,
R/O B-4/126, FIRST FLOOR,
PASCHIM VIHAR,
NEW DELHI-110063 … ACCUSED
COMPLAINT U/S 138 OF NEGOTIABLE INSTRUMENT ACT, 1881
ON BEHALF OF THE COMPLAINANT NAMELY SH. SHUBHAM
SHARMA.
MOST RESPECTFULLY SHOWETH:-
1. That the complainant is a respectable, responsible citizen of India who is
enjoying respect and goodwill in the society due to his sincere, honest
and responsible conduct and behavior in the society.
2. That it is pertinent to mention herein that the complainant is the GPA
Holder/Owner of the property bearing no. Shop No. 1 at Property bearing
no. WZ-48/4D, Street No.08, Krishna Park Extension, Opposite New
Mahavir Nagar, Tilak Nagar, New Delhi-110018 (100 Square feet)
(hereinafter referred to as “said property”).
3. That the accused approached the complainant in the last week of May,
2020 and expressed his readiness and willingness to take the above said
shop no.1 at Property bearing no. WZ-48/4D, Street No.08, Krishna Park
Extension, Opposite New Mahavir Nagar, Tilak Nagar, New Delhi-
110018 (100 Square feet), on rent for commercial purposes and the
complainant, after the request made by the accused, agreed to let out the
shop and after thorough discussion and negotiations, all the terms and
conditions arrived at, which became part and parcel of Rent agreement
executed on 02.06.2020 between the accused and the deponent.
4. That the complainant and accused both approach the office of sub-
registrar to get the rent agreement registered on 02.06.2020, in the
morning, after completing the compulsory requirements on 01.06.2020
late evening, vide allotted registration no 7424 dt. 02.06.2020 as the
stamp paper was also already purchased by the complainant himself. But
due to some certain technical reasons, the registrar refused to register the
rent agreement & suggest both of them to get the notary registration of
the same. Consequently, the complainant and accused both have agreed
to execute a rent agreement through notary register. The original rent
agreement with notary entry number 3984 of page no 403 dated
02.06.2020 is annexed as ANNEXURE-A.
5. That the bare perusal of the rent agreement dated 02.06.2020, will clearly
shows that on the request of accused, complainant has agreed to let out
the said property for the monthly rent of Rs 15,000/-(fifteen thousand
only) per month excluding electric charges which was decided to be paid
on or before 1st day of each calendar month.
6. That it is pertinent to mention herein that as per the terms and conditions
stipulated in the rent agreement, on 02.06.2020, the accused was under
the obligation to pay the rent on time i.e. first day of every each calender
month and if there is a default in payment of rent, then the accused shall
be liable and penalized to pay the same along with interest at the rate of 2
percent per month to the complainant.
7. That in the last week of October, 2020, accused along with his family
members had tried several times in a well-planned manner to pressurize,
threatening the complainant and his family members i.e. father of the
complainant and forcing them to forget the possession of the tenanted
premises, again in future and even after the complainant had also warned
the accused via whatsapp messages regarding not adopting illegal
activities again in future but all the efforts of complainant were in vein.
8. That on 1st day of November,2020, the complainant had asked the
accused several times for the rent of month of November as well as
electricity dues of earlier months but he did not deem it necessary to
discharge his obligations by making the payments but on one pretext or
other, every time he sought time after giving promise to complainant that
the all the due amount would be paid.
9. That it is pertinent to mention herein that when accused intentionally
stopped picking the call of complainant, after getting sufficient time to
discharge the payment of rent, then as per the terms and conditions
agreed in the rent agreement, the complainant presented the cheque
bearing 196725 drawn upon Central Bank of India for an amount of Rs
15,000/- in his bank. The original cheque bearing no. 196725 dated
01.11.2020 is annexed as ANNEXURE-B.
10.That it was dismay and shocked to complainant, when the Cheque
provided by the accused in discharge of his liability, has been
dishonoured and returned as unpaid vide Return Memo dated 04.11.2020
with the remarks “Payment Stopped by Drawer”. The original return
memo dated 04.11.2020 is annexed as ANNEXURE-C.
11.That when the complainant apprised the accused of the aforesaid
dishonor, the accused, instead of making the payment of due amount, he
the threatened complainant and his family members, once again like
earlier with filthy, abusive and unparliamentary language, to handover
the possession of tenanted premises to goonda elements and implicate
them in a false criminal case.
12.That the accused person was under an obligation that there is sufficient
balance in the accused account and should not stop the payment of
cheque given for discharge of his liability, so that the cheque given to the
complainant are honored and cleared on their presentation. However, the
said cheque has been returned as dishonored which shows that from the
very initial stage the accused intentions are dishonest/malafide and the
accused have no intention of paying the amount legally due to
complainant.
13.That it is pertinent to mention herein that when the accused refused to
discharge his liability and avoiding the complainant thereafter
complainant was left with no option except to send the legal notice dated
21.11.2020 vide postal receipt bearing no. ED748648249IN to the
accused. The copy of legal notice dated 21.11.2020 along with the
original postal receipts are annexed as ANNEXURE-D & E.
14.That from the acts of accused mentioned in previous/above paras, it
appears that his intention was mala fide as well as dishonest since the
very beginning and they never wanted to repay the money. The accused
has willfully, knowingly and intentionally cheated on complainant by
inducing him and giving false representations. The accused have played a
fraud upon complainant who trusted him and believed his representations
regarding timely payment.
15.That the present complaint petition has been filed by the complainant
within the limitation period as the said cheque was presented for payment
on 03-11-20 and thereafter the same was returned unpaid to the
complainant vide memo dated 04.11.2020 with remarks “payment
stopped by drawer”. The legal notice dated 21-11-20 was sent to the
accused on 21-11-2020 but the same has been returned back. It is
pertinent to mention herein that the address upon which the said notice
was served is the last known address of the accused given by accused
person to the complainant and even the same address was mentioned in
Adhaar card of the accused, given at the time of verification of tenant by
the police officials. The original return envelope and copy of Adhaar card
are annexed as ANNEXURE F & G.
16.That the documents, filed along with the complaint, or either true copies
of its respective originals and/or the genuine and authentic documents.
17.That this Hon'ble court has legal and territorial jurisdiction to entertain
the present complaint because cheque given by the accused, has been
dishonored within the jurisdiction of this Hon'ble court and within the
jurisdiction of police station Tilak Nagar New Delhi, hence this Hon'ble
court has jurisdiction to adjudicate the present complaint.
PRAYER
In view of the aforesaid facts, circumstances and submissions, it is respectfully
prayed that this Hon'ble Court may kindly be pleased to:-
a) Register the complaint under section 138 of the negotiable Instrument
Act against the accused.
b) Summon and prosecute the accused according to the provisions of
Section 138 of the Negotiable Instrument Act.
c) Punish the accused with imprisonment for a term of two years with fine,
twice to the cheque amount.
d) Pass order for payment of the compensation out of the fine amount
under section 357 of Cr. P.C. read with section 117 of the Negotiable
Instrument Act in favour of the complainant in the interest of justice.
DELHI COMPLAINANT
THROUGH
DATE NISHANT SHARMA
ADVOCATE
OFFICE: NEW-T-BLOCK 58B, FIRST FLOOR
UTTAM NAGAR WEST, NEW DELHI-110059
EMAIL: SHARMA.NISHANT91.NS@GMAIL.COM
MOB: 9953681574
IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE,
TIS HAZARI COURT, NEW DELHI
COMPLAINT CASE NO. _________/2020
IN THE MATTER OF:-
SH SHUBHAM SHARMA …COMPLAINANT
VERSUS
SH KAPIL GULATI …ACCUSED
AFFIDAVIT
I, Sh. Shubham Sharma, S/o SH. Jag Parvesh Sharma, R/O WZ-
48/4D, Street No-8, Krishna Park Extension, Opposite New Mahavir Nagar,
P.O. Tilak Nagar, NEW DELHI-110018, aged about 25 years, do hereby
solemnly affirm and declare as under:-
1. That I am the Deponent in the above noted case and well conversant
with the facts and circumstances of the present case and competent to
swear this affidavit.
2. That I have filed the accompanying “Complaint under Section 138 of
N.I Act” and the same has been drafted by my counsel under my
instructions, and have been read over to me in my vernacular
language. It is craved that the contents of the accompanying
Complaint under Sec. 138 of N.I. Act, may kindly be read as part and
parcel of this affidavit as the same are not being reproduced herein for
the sake of brevity and to avoid repetition.
DEPONENT
VERIFICATION:
Verified at Delhi on this __day of December, 2020 that the contents of
my above affidavit are true and correct and nothing material has been
concealed there from.
DEPONENT
IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE,
TIS HAZARI COURT, NEW DELHI
COMPLAINT CASE NO. _________/2020
IN THE MATTER OF:-
SH SHUBHAM SHARMA …COMPLAINANT
VERSUS
SH KAPIL GULATI …ACCUSED
LIST OF DOCUMENTS
S.No PARTICULARS
1. Original cheques bearing number 196725
Dt.01.11.2020, amounting Rs.15,000/- drawn at The
Central Bank of India , Branch – Madipur, New
Delhi, out of the accused’s account bearing No. A/c
3549520162, dated 01.11.2020.
2. Copy of the returned memo of the aforesaid cheque
dated 04.11.2020.
3. original rent agreement with notary entry number
3984 of page no 403
4. Copy of the Legal Notice dated 21.11.2020 along
with original postal receipts dated 21.11.2020.
5. original Return Envelope
6. Copy of Aadhaar Card of the accused.
DELHI COMPLAINANT
THROUGH
DATE NISHANT SHARMA
ADVOCATE
OFFICE: NEW-T-BLOCK 58B, FIRST FLOOR
UTTAM NAGAR WEST, NEW DELHI-110059
EMAIL: SHARMA.NISHANT91.NS@GMAIL.COM
MOB: 9953681574
IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE,
TIS HAZARI COURT, NEW DELHI
COMPLAINT CASE NO. _________/2020
IN THE MATTER OF:-
SH SHUBHAM SHARMA …COMPLAINANT
VERSUS
SH KAPIL GULATI …ACCUSED
LIST OF WITNESSES
1. Complainant himself.
2. Record keeper/ clerk of the accused’s bank with record of the cheque
bearing No. 196725, amounting of Rs. 15,000/- (Rupees Fifteen
Thousand Only) respectively, drawn on Central Bank of India, Branch
– Madipur, New Delhi, from the accused’s account bearing No. A/c
3549520162, dated 01.11.2020.
3. Record keeper/ clerk of the complainant bank HDFC Bank Ltd., Ajay
Enclave, Subhash Nagar, New Delhi, with record of the cheque
bearing No. 196725, amounting of Rs. 15,000/- (Rupees Fifteen
Thousand Only).
4. Postal Authorities
5. Any other witness, with the permission of this Hon'ble Court, if
required.
COMPLAINANT
THROUGH
DELHI
DATED:
NISHANT SHARMA
ADVOCATE
OFFICE: NEW-T-BLOCK 58B, FIRST FLOOR
UTTAM NAGAR WEST, NEW DELHI-110059
EMAIL: SHARMA.NISHANT91.NS@GMAIL.COM
MOB: 9953681574
IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE,
TIS HAZARI COURT, NEW DELHI
COMPLAINT CASE NO. _________/2020
IN THE MATTER OF:-
SH SHUBHAM SHARMA …COMPLAINANT
VERSUS
SH KAPIL GULATI …ACCUSED
PRE-SUMMONING EVIDENCE BY THE WAY OF AFFIDAVIT ON
BEHALF OF THE DEPONENT.
I, Sh. Shubham Sharma, S/O SH. Jag Parvesh Sharma, R/O WZ-
48/4D, Street No-8, Krishna Park Extension, Opposite New Mahavir Nagar,
P.O. Tilak Nagar, NEW DELHI-110018, aged about 25 years, do hereby
solemnly affirm and declare as under:-
1. That the deponent is a respectable, responsible citizen of India who is
enjoying respect and goodwill in the society due to his sincere, honest
and responsible conduct and behavior in the society.
2. That it is pertinent to mention herein that the deponent is the GPA
Holder/Owner of the property bearing no. Shop No. 1 at Property
bearing no. WZ-48/4D, Street No.08, Krishna Park Extension,
Opposite New Mahavir Nagar, Tilak Nagar, New Delhi-110018 (100
Square feet) (hereinafter referred to as “said property”).
3. That the accused approached the deponent in the last week of May,
2020 and expressed his readiness and willingness to take the above
said shop no.1 at Property bearing no. WZ-48/4D, Street No.08,
Krishna Park Extension, Opposite New Mahavir Nagar, Tilak Nagar,
New Delhi-110018 (100 Square feet), on rent for commercial
purposes and the deponent, after the request made by the accused,
agreed to let out the shop and after thorough discussion and
negotiations, all the terms and conditions arrived at, which became
part and parcel of Rent agreement executed on 02.06.2020 between
the accused and the deponent.
4. That the deponent and accused both approach the office of sub-
registrar to get the rent agreement registered on 02.06.2020, in the
morning, after completing the compulsory requirements on
01.06.2020 late evening, vide allotted registration no 7424 dt.
02.06.2020 as the stamp paper was also already purchased by the
deponent himself. But due to some certain technical reasons the
registrar refused to register the rent agreement & suggest both of them
to get the notary registration of the same. Consequently, the deponent
and accused both has agreed to execute a rent agreement through
notary register. The original rent agreement with notary entry number
3984 of page no 403 dated 02.06.2020 is annexed as EX-CW1/1.
5. That the bare perusal of the rent agreement dated 02.06.2020, will
clearly shows that on the accused request, deponent has agreed to let
out the said property for the monthly rent of Rs 15,000/-(fifteen
thousand only) per month excluding electric charges which was
decided to be paid on or before 1st day of each calendar month.
6. That it is pertinent to mention herein that as per the terms and
conditions stipulated in the rent agreement, on 02.06.2020, the
accused was under the obligation to pay the rent on time i.e. first day
of every each calender month and if there is a default in payment of
rent, then the accused shall be liable and penalized to pay the same
along with interest at the rate of 2 percent per month to the deponent.
7. That in the last week of October, 2020, accused along with his family
members had tried several times in a well-planned manner to
pressurize, threatening the deponent and deponents’ father and forcing
them to forget the possession of the tenanted premises, again in future
and even after the deponent had also warned the accused via whatsapp
messages regarding not adopting illegal activities again in future but
all the efforts of deponent were in vein.
8. That on 1st day of November,2020, the deponent had made asked the
accused several times for the rent of month of November as well as
electricity dues of earlier months but he did not deem it necessary to
discharge his obligations by making the payments but on one pretext
or other, every time he sought time after giving promise to deponent
that the all the due amount would be paid.
9. That it is pertinent to mention herein that when accused intentionally
stopped picking the call of deponent, after getting sufficient time to
discharge the payment of rent, then as per the terms and conditions
agreed in the rent agreement, the deponent presented the cheque
bearing 196725 drawn upon Central Bank of India for an amount of
Rs 15,000/- in the bank. The original cheque bearing no. 196725 dated
01.11.2020 is annexed as EX-CW1/2.
10.That it was dismay and shocked to deponent, when the Cheque
provided by the accused in discharge of his liability, has been
dishonoured and returned as unpaid vide Return Memo dated
04.11.2020 with the remarks “Payment Stopped by Drawer”. The
original return memo dated 04.11.2020 is annexed as EX-CW1/3.
11.That when deponent apprised the accused of the aforesaid dishonor,
the accused, instead of making the payment of due amount, not only
refused to pay single penny to deponent but also threatened deponent
and deponent’s family members once again as earlier with filthy,
abusive and unparliamentary language, to handover the possession of
tenanted premises to goonda elements and implicate them in a false
criminal case.
12.That the accused were under an obligation that there is sufficient
balance in the accused account and should not stop the payment of
cheque given for discharge of his liability, so that the cheque given to
the deponent are honored and cleared on their presentation. However,
the said cheque has been returned as dishonored which shows that
from the very initial stage the accused intentions are
dishonest/malafide and the accused have no intention of paying the
amount legally due to deponent.
13.That it is pertinent to mention herein that when the accused refused to
discharge his liability and avoiding the deponent thereafter deponent
was left with no option except to send the legal notice dated
21.11.2020 vide postal receipt bearing no. ED748648249IN along
with tracking report, to the accused. The copy of legal notice dated
20.06.2019 along with the original postal receipts are annexed as EX-
CW1/4 and EX-CW1/5(Colly).
14.That from the acts of accused mentioned in previous/above paras, it
appears that his intention was mala fide as well as dishonest since the
very beginning and they never wanted to repay the money. The
accused has willfully, knowingly and intentionally cheated on
deponent by inducing him and giving false representations. The
accused have played a fraud upon deponent who trusted him and
believed his representations regarding timely payment.
15.That the present complaint petition has been filed by the deponent
within the limitation period as the said cheque was presented for
payment on 03-11-20 and thereafter the same was returned unpaid to
the Deponent vide memo dated 04.11.2020 with remarks “payment
stopped by drawer”. The legal notice dated 21-11-20 was sent to the
accused on21-11-2020 but the same has been returned back. It is
pertinent to mention herein that the address upon which the said
notice was served is the last known address of the accused given by
himself to the deponent and even the same address was mentioned in
the of Adhaar card of the accused. The original return envelope and
copy of Adhaar card are annexed as EX-CW1/6 and EX-CW1/7.
16.That the documents, filed along with the complaint, or either true
copies of its respective originals and/or the genuine and authentic
documents.
17.That this Hon'ble court has legal and territorial jurisdiction to
entertain the present complaint because cheque given by the accused,
has been dishonored within the jurisdiction of this Hon'ble court and
within the jurisdiction of police station Tilak Nagar New Delhi, hence
this Hon'ble court has jurisdiction to adjudicate the present complaint.
18. That it is my true and correct statement.
DEPONENT
VERIFICATION:
Verified at New Delhi on this __ day of December 2020 that the
contents of the above affidavit are true and correct to the best of my
knowledge and belief and nothing has been concealed there from)
DEPONENT
IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE,
TIS HAZARI COURT, NEW DELHI
COMPLAINT CASE NO. _________/2020
IN THE MATTER OF:-
SH SHUBHAM SHARMA …COMPLAINANT
VERSUS
SH KAPIL GULATI …ACCUSED
AFFIDAVIT U/S 65 (B) 4 OF THE EVIDENCE ACT ON BEHALFOF
THE DEPONENT/APPLICANT NAMELY INDU CHOPRA
I, Sh. Shubham Sharma, S/O SH. Jag Parvesh Sharma, R/O WZ-
48/4D, Street No-8, Krishna Park Extension, Opposite New Mahavir Nagar,
P.O. Tilak Nagar, NEW DELHI-110018, aged about 25 years, do hereby
solemnly affirm and declare as under: -
1. That the deponent/applicant has filed the accompanying complaint
case under section of 138 of N. I. Act against the accused. The
contents of the same may kindly be read as forming part of this
application which is not being repeated here for the sake of brevity.
2. That the accused had issued cheque bearing No. 196725
Dt.01.11.2020,amounting Rs.15,000/- drawn at The Central Bank of
India , Branch – Madipur, New Delhi, out of the accused’s account
bearing No. A/c 3549520162, dated 01.11.2020., which is duly signed
and issued in favour of the deponent, the said cheque in question has
been bounced with remarks PAYMENT STOPPED BY DRAWER
vide Return Memo Report dated 04.11.2020, which was received by
the deponent from the bank, then on 21.11.2020 deponent sent the
legal demand notice, through her counsel through registered speed
post. The copy of the Track report of the speed post are annexed with
the complaint for the kind and ready reference to this Hon'ble Court.
3. That the Deponent has filed track reports of the speed post, by which
legal notice was send to the accused on dated 21.11.2020, which is a
part of the pleading of the case and same are true, as per record,
nothing has been manipulated or edited on the part of the deponent.
The deponent has placed the true copy of print outs, duly available on
the website of the India Post.
4. That it is my true statement.
DEPONENT
VERIFICATION:-
Verified at Delhi on this __day of December 2020 that the contents of
the affidavit are true and correct to the best of my knowledge and belief and
no part of it is false and nothing material has been concealed there from.
DEPONENT
