Moot Court Exercise No.

2
(Criminal Case)
Law
Osmania University
12 pag.

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 LL.B (3 YDC, VI Semester) PAPER V – Moot Courts (Criminal Case) 1
Raghunadh Sir Dictated notes

MOOT COURT PROBLEM – 2

CRIMINAL CASE

A. Mallikarjun (1726-18-831-094)
Padala Rama Reddi Law College

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 LL.B (3 YDC, VI Semester) PAPER V – Moot Courts (Criminal Case) 2
Raghunadh Sir Dictated notes

PADALA RAMA REDDI LAW COLLEGE

MOOT COURT CASES – 2020-21
LL.B. 3/3YDC

CASE 2 - CRIMINAL
Mr. Raman and Mr. Sravan are employees of same company working in
administrative section. Since both of them are of same age and also working
together, they became very close. Mr. Sravan is very conservative in his money
spending and saved his money in a traditional way, While Mr. Raman is a stock
market player and he always wanted to make a quick buck out of speculation. Mr.
Sravan used to warn Mr. Raman and say that playing with stock markets as a
speculator is very risky and if things do not turn in our favour, there is always a
danger of unrecoverable huge loss. Mr. Raman did not take his words very seriously
and because of luck in his favour, he made a huge profit in share transactions. Over
a period of time, Mr. Raman even started to deal with Future and Options in
derivative market and in the process he started borrowing money from Mr. Sravan
but used to promptly return the amounts. One day Mr. Raman went to Mr. Sravan
and requested him to lend Rupees Five Lakhs which he will be returning it back in a
week time. Mr. Sravan organised money to his friend.

Even after a month time, Mr. Raman did not return the money back and Mr. Sravan
asked him to pay the money back as he needs it to meet his own personal needs.
Mr. Raman asked him a week time to return back the amount to which Mr. Sravan
agreed reluctantly. Ten days passed and there was no response from Mr. Raman. On
the eleventh day after the Office Hours in the evening, Mr. Sravan met him and
insisted immediate repayment of money for which Mr. Raman gave a Cheque and
asked Mr. Sravan to deposit after a week time. Mr. Sravan followed his instructions
and deposited the cheque after a week time in Union Bank, where he is maintaining
account. The cheque has returned dishonoured due to insufficiency of funds.
Immediately Mr. Sravan called up Mr. Raman and intimated him the same. Mr.
Raman requested Mr. Sravan to represent it the next day and Mr. Sravan did the
same but again the cheque got bounced due to lack of funds. Mr. Sravan has
approached you for relief, suggest appropriate solution and guide him in legal
proceedings.

A. Mallikarjun (1726-18-831-094)
Padala Rama Reddi Law College

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 LL.B (3 YDC, VI Semester) PAPER V – Moot Courts (Criminal Case) 3
Raghunadh Sir Dictated notes

M. K. S. Advocate & Associates

Phone No. 9642099922, Address: 6-3-1185/76, B.S. Maktha, Begumpet,
Hyderabad – 500016.

To, Date: 10-02-2021

Mr. Raman, S/o. Suman,
R/o. Plot No. 12,
Ameerpet, Hyderabad.

LEGAL NOTICE UNDER SECTION 138 OF N.I. ACT, 1881

Under the instructions and authority from my client Shri Sravan S/o Karan,
Age: 34 years, Occ: Private Employee, Resident of Somajiguda, Hyderabad.

I hereby serve upon you the following notice:

1. That my client states, that he and you work in the same company and
well acquainted with each other. By virtue of this acquaintance and being the
employees of the same company, my client has lent you Rs.5,00,000/- (Rupees Five
lakhs) on 01-12-2020 on your assurance to return the amount in a week time.

2. That even after a month time you did not returned the amount and
instead asked a week time, even after passing ten days you did not returned the
amount.

3. On the very next day i.e., on date: 12-01-2021, my client met you and
insisted immediate repayment of money and for that in the view to clear your
liability towards my client, you have issued a cheque in the name of my client Mr.
Shravan in full settlement on 12-01-2021 and asked my client to deposit after a
week. The details of cheque are as under:

Cheque No.123456, dated. 19-01-2021, issued on SBI Bank, Ameerpet Branch,

Hyderabad.

4. The aforesaid cheque has been deposited by my client into his account
at Union Bank of India, Somajiguda Branch on 19-01-2021 and the cheque was
returned dishonoured by the bank on account of insufficiency of funds in your
account on 21-01-2021 and my client has intimated you regarding the dishonoured
cheque and you have requested to re-present it again on date: 22-01-2021.

A. Mallikarjun (1726-18-831-094)
Padala Rama Reddi Law College

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 LL.B (3 YDC, VI Semester) PAPER V – Moot Courts (Criminal Case) 4
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5. Inspite of re-presenting the cheque the bank has returned the cheque
dishonoured due to insufficiency of funds and bank has issued cheque return memo.

6. That the above facts may be abundantly clear that you have
mischievously and intentionally issued the above said cheque with ulterior motive
and malafide intention as that the time of issuing the aforesaid cheque, you are fully
aware of the fact that the same would be dishonoured on account of insufficiency of
funds in your account.

7. While that on account of above acts, you are liable to be prosecuted

u/s 138 of Negotiable Instruments Act, 1881 under which you are liable to be
punished with imprisonment for a term which may extend to 2 years or with a fine
which may extend to twice the amount of the cheque or both.

8. Under these circumstances, I hereby call upon you to make the

payment of Rs.5,00,000/- (Rupees Five lakhs) to my client within a period of 15 days
from the date of receipt of this notice, failing which, as instructed by my client,
necessary legal action will be taken against you and you shall be liable for all costs
and consequences resulting there from.

You are also liable to pay Rs.5,000/- (Rupees Five thousand) towards charges
for this legal notice.

Kindly take notice.

Sd/-
A. Mallikarjun
(Advocate)

A. Mallikarjun (1726-18-831-094)
Padala Rama Reddi Law College

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 LL.B (3 YDC, VI Semester) PAPER V – Moot Courts (Criminal Case) 5
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IN THE COURT OF THE HON’BLE III ADDL. CHIEF METROPOLITAN

MAGISTRATE COURT AT NAMPALLY, HYDERABAD

CC. No. 138 of 2021

BETWEEN:-
Mr. Sravan, S/o. Karan,
Aged about 34 years,
Occ: Private Employee,
R/o. Somajiguda, Hyderabad.
..... Complainant

AND

Mr. Raman S/o. Suman,

Aged about 34 years,
Occ: Private Employee,
R/o. Ameerpet, Hyderabad.
..... Accused

PRIVATE COMPLAINT FILED UNDER SECTION 138 OF NEGOTIABLE

INSTRUMENT ACT 1881 R/W SECTION 190 & 200 CRPC

1. Date of the offence : 24/01/2021

2. Place of the offence : Union Bank of India, Somajiguda Branch,
Hyderabad.
3. Nature of offence : U/s 138 Negotiable Instrument Act, 1881
4. Date of dishonoured cheque : Cheque No: 123456, dated. 19-01-2021
5. Date of dishonour of cheque : I dishonour dated. 21/01/2021
II dishonour dated. 24/01/2021
6. Date of statutory notice : 10-02-2021
7. Date of service of notice : 12-02-2021
8. Police station limits : Panjagutta, Police Station
9. List of witnesses : 1. Complainant
2. Bank Manager, Union Bank of India

Brief facts of the case:

The above named complainant humbly submits as follows:

1. The address for service of summons, notices and processes etc., in

respect of the above name complainant is the same as that of his counsel Mr.
Mallikarjun, Nampally Criminal Court premises, Hyderabad.

A. Mallikarjun (1726-18-831-094)
Padala Rama Reddi Law College

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 LL.B (3 YDC, VI Semester) PAPER V – Moot Courts (Criminal Case) 6
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2. The address for service of summons, notices and processes etc., in

respect of the above named accused is the same as mentioned in the above cause
title.

3. That the complainant had good relation and well acquainted with the
accused person and both are known to each other.

4. That by virtue of this acquaintance and being the employees of the

same company, the accused person has borrowed money from the complainant
Rs.5,00,000/- (Rupees Five lakhs) on 01-12-2020. The accused person assured the
complainant to pay the money within a week time.

5. That even after passing a month time, the accused did not returned
the money, instead asked a week time to return the money for which the
complainant agreed reluctantly on.

6. It is submitted that even after passing of 10 days, there was no

response from accused person. On 12-01-2021, the complainant met the accused
and insisted immediate repayment of money for which the accused person issued a
cheque bearing cheque no. 123456, dated. 19-01-2021, for Rs.5,00,000/- (Rupees
Five lakhs) drawn on SBI Bank, Somajiguda branch, Hyderabad and asked the
Complainant to deposit after a week time.

7. It is submitted that, the complainant has presented the aforesaid

cheque with the Union Bank of India, Somajiguda Branch on 19-01-2021 and the
same was returned dishonoured with endorsement ‘Insufficiency of funds’ on 21-01-
2021 and the same was intimated to accused person on the same day.

8. It is submitted that, the accused person has requested the

Complainant to represent the cheque on the next day. Accordingly the complainant
has represented the cheque in his account at Union Bank of India, but again the
cheque was dishonoured due to insufficiency of funds and the bank has issued
cheque return memo for the same.

9. It is submitted that, the complainant issued a legal notice dated. 10-

02-2021 to the accused bringing to his notice about the facts of dishonour of the
cheque issued by him, and to pay the amount under the cheque immediately. But
the accused had neither replied to legal notice nor paid the amount under the
dishonoured cheque.

A. Mallikarjun (1726-18-831-094)
Padala Rama Reddi Law College

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 LL.B (3 YDC, VI Semester) PAPER V – Moot Courts (Criminal Case) 7
Raghunadh Sir Dictated notes

10. It is submitted that, the failure on part of the accused in replying to

the legal notice and in paying the amount in question, constitute to an offence
making the accused liable to punishment in accordance with section 138 of
Negotiable Instruments Act, 1881 and that the complaint can be taken on the file of
this Hon’ble Court.

Cause of action:
The cause of action arose after the expiry of 15 days from the date of
accused received the demand notice i.e., on 28-02-2021. Hence, the complaint is
filed within the period of limitation under the Limitation Act, 1963.

Prayer:
The complainant humbly prays that this Hon’ble Court may be pleaded
1. To take the cognizance of the offence u/s 138 of N.I. Act, 1881.
2. To summon the accused and punish him in accordance with law.
3. To award compensation u/s 357(3) of Cr.P.C. of the complaint.

Place: Hyderabad
Date: 20-03-2021

Sd/-
Complainant

Sd/-
(Councel for
Complainant)

A. Mallikarjun (1726-18-831-094)
Padala Rama Reddi Law College

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 LL.B (3 YDC, VI Semester) PAPER V – Moot Courts (Criminal Case) 8
Raghunadh Sir Dictated notes

VERIFICATION

I, Mr. Sravan, hereby declare that facts stated above are true to the best of my
knowledge, belief and information and having understood the above contents and
signed.

Place: Hyderabad
Date: 20-03-2021
Sd/ -
Complainant

LIST OF DOCUMENTS

Sl. No. Description Annexure

1. Xerox copy of Savings Bank Account statements. Ann. I
2. Xerox copy of ‘Legal Notice’ sent to the accused. Ann. II
3. Xerox copy the Postal Acknowledgement of Registered Ann. III
Post sent to the accused.
4. Xerox copy of Cheque Return Memo. Ann. IV

A. Mallikarjun (1726-18-831-094)
Padala Rama Reddi Law College

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 LL.B (3 YDC, VI Semester) PAPER V – Moot Courts (Criminal Case) 9
Raghunadh Sir Dictated notes

IN THE COURT OF THE HON’BLE

III ADDL. CHIEF METROPOLITAN
MAGISTRATE COURT AT
NAMPALLY, HYDERABAD

CC. No. 138 of 2021

BETWEEN:
Mr. SRAVAN
..... COMPLAINANT

AND

Mr. RAMAN
..... ACCUSED

PRIVATE COMPLAINT FILED U/S

138 OF NEGOTIABLE
INSTRUMENTS ACT, 1881 R/W
SECTION 190 & 200 OF CODE OF
CRIMINAL PROCEDURE, 1973

FILED ON: 20-03-2021

FILED BY:
COUNSEL FOR COMPLAINANT

COUNSEL ADDRESS:
A. MALLIKARJUN, ADVOCATE
M. K. S. Advocate & Associates
H. No. 6-3-1185/76, B. S. Maktha,
Begumpet, Hyderabad – 16.
Phone No. 9642099922

A. Mallikarjun (1726-18-831-094)
Padala Rama Reddi Law College

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 LL.B (3 YDC, VI Semester) PAPER V – Moot Courts (Criminal Case) 10
Raghunadh Sir Dictated notes

* SWORN AFFIDAVIT BY THE COMPLAINANT:

IN THE COURT OF THE HON’BLE III ADDL. CHIEF METROPOLITAN
MAGISTRATE COURT AT NAMPALLY, HYDERABAD

CC. No. 138 of 2021

BETWEEN: –
Mr. Sravan, S/o. Karan,
Aged about 34 years,
Occ: Private Employee,
R/o. Somajiguda, Hyderabad.
..... Complainant

AND

Mr. Raman S/o. Suman,

Aged about 34 years,
Occ: Private Employee,
R/o. Ameerpet, Hyderabad.
..... Accused

SWORN AFFIDAVIT OF THE COMPLAINANT

I Shravan, S/o. Karan, Age: 34 years, Occ: Private Employee, R/o.

Somajiguda, Hyderabad, do hereby state on oath as follows:

1. It is submitted that, I, by virtue of well acquaintance with the accused

person and both of us being the employees of the same company, have lent
Rs.5,00,000/- (Rupees Five lakhs) to the accused person on 01-12-2020 upon the
assurance given by the accused to return the amount within a week time.

2. It is submitted that, even after a month’s time, the accused did not
returned the money and instead asked me a week time to return the amount for
which I have agreed.

3. It is submitted that, even after passing of 10 days there was no

response from the accused person. I met the accused person on the next day i.e.,
12-01-2021 and insisted immediate payment of money for which, the accused
person has issued a cheque, bearing cheque no. 123456, dated. 19-01-2021, for

A. Mallikarjun (1726-18-831-094)
Padala Rama Reddi Law College

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 LL.B (3 YDC, VI Semester) PAPER V – Moot Courts (Criminal Case) 11
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Rs.5,00,000/- (Rupees Five lakhs), drawn on bank SBI Bank, Ameerpet Branch,
Hyderabad and asked me to deposit the same after a week.

4. It is submitted that, I have presented the aforesaid cheque in my

account at Union Bank of India, Somajiguda Branch on 19-01-2021, but the same
was dishonoured on 21-01-2021 due to insufficiency of the funds.

5. It is submitted that, I have informed the same to the accused and he

asked me to re-present the cheque which was returned dishonoured again due to
insufficiency of funds.

6. It is submitted that, a registered notice is given it is served on date.

12-02-2021.

7. It is respectfully submitted that, the accused herein issued the above

mentioned dishonour cheque with a dishonest and malafide intention to have a
wrongful gain for him and to have a wrongful loss to the complainant and the acts
are the part of the accused herein constitutes an offences u/s 138 of Negotiable
Instruments Act, 1881.

Therefore, I pray that, this Hon’ble Court may be pleased to take me on file,
summon and punish the accused by awarding the maximum sentence permissible
under the law and alleviate the grievance of me by awarding maximum
compensation permissible under the law in the interest of justice, equity and fair
play and pass such order or further orders as this Hon’ble court deems fit and proper
in the circumstances of the case.

Place: Hyderabad
Date: 20-03-2021
Sd/-
Deponent
Sworn and signed on this day of 20-03-2021.

Before me,

Sd/-
Advocate

A. Mallikarjun (1726-18-831-094)
Padala Rama Reddi Law College

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 LL.B (3 YDC, VI Semester) PAPER V – Moot Courts (Criminal Case) 12
Raghunadh Sir Dictated notes

IN THE COURT OF THE HON’BLE

III ADDL. CHIEF METROPOLITAN
MAGISTRATE COURT AT
NAMPALLY, HYDERABAD

CC. No. 138 of 2021

BETWEEN:
Mr. SRAVAN
..... COMPLAINANT

AND

Mr. RAMAN
..... ACCUSED

SWORN AFFIDAVIT OF THE

COMPLAINANT

FILED ON: 20-03-2021

FILED BY:
COUNSEL FOR COMPLAINANT

COUNSEL ADDRESS:
A. MALLIKARJUN, ADVOCATE
M. K. S. Advocate & Associates
H. No. 6-3-1185/76, B. S. Maktha,
Begumpet, Hyderabad – 16.
Phone No. 9642099922

A. Mallikarjun (1726-18-831-094)
Padala Rama Reddi Law College

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