IN THE COURT OF LD.
JUDICIAL MAGISTRATE
FIRST CLASS, VASAI, PALGHAR
C.C. /SS/ 2023
Mr. MIR MOHAMMED ALI KHAN ….COMPLAINANT
V/S
Mr. NASIR KHAN proprietor of
M/s. SOFIA PROPERTIES ………. ACCUSED
INDEX
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Sr. No.Particulars EXHIBIT Page No.
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1. COMPLAINT
2. Affidavit in support of complaint
3. Vakalatnama
4. List of Documents
5. EXHIBIT “A” copy of Cheque.
6. EXHIBIT “B” copy of Bank Memo,
7. EXHIBIT “C” copy of Legal Notice & Postal
Receipt
8. EXHIBIT “D” Return Postal Packet
9. court fees
Place; Borivali
Dated: / /2023
Complainant
IN THE COURT OF LD. JUDICIAL MAGISTRATE
FIRST CLASS, VASAI, PALGHAR
C.C. /SS/ 2023
Mr. MIR MOHAMMED ALI KHAN )
Muslim, aged about _____ years, occ.- Service, )
having correspondence address at )
O-101, Veena Dynasty, Last Stop, Evershine, )
Vasai (East), Palghar-401 208 )
Mob no. 8448685900 )
Aadhar card no. ____________________ )
….COMPLAINANT
V/S
Mr. NASIR KHAN )
Proprietor of M/s. Sofia Properties )
Aged-_____ years Occ. Business )
Having address at Shop No.13, C/Wing, )
Veena Dynasty, Phase No.2, )
Near Evershine Last stop, )
Achole, Vasai(East), Palghar )
Mob. )
……... ACCUSED
COMPLAINT UNDER SECTION 138 OF NEGOTIABLE
INSTRUMENT ACT 1881. (as amended up to date)
THE COMPLAINANT MOST RESPECTFULLY BEG TO STATES AS
UNDER:-
1. I state that I am law abiding citizen and residing at the
address mentioned in the cause title of the complaint.
2. I state that I had acquired/purchased a flat No. O-101 in Veena
Dynasty in the month of December -2021 for valuable
consideration, but did not have car parking and I was in search of
card parking in the said society.
3. I came to knew that, the accused is proprietor of Sofia Properties
and providing security services at in my society and also working
as a real estate agent.
4. I state that I was in need of car parking space in society,
therefore, I approached to the security men of the society and
through the security men, and I have directly approached to the
accused and represented me that he had already deal with one
Mr. Mahajan for buying the flat No. O-703 and offered me that he
is willing to sell parking of Flat No. O-703 to me.
5. I further states that I have negotiated the price of parking @ of
Rs.2,50,000/- (Rs. Two lacs fifty thousand ), when I shown my
interest to meet the original owner Mr. Mahajan, the accused
represented that owner is not interested in selling parking space
alone and but upon repeated request the accused made me to
speak to Mr. Mahajan and upon negotiation, the said Mr.
Mahajan insisted that deal can be done, if I immediately makes
payment of Rs.2,10,000/- (Rs. Two lacs ten thousand only) and
balance of Rs.40,000/- (Rs. Forty thousand only) at time of
registration.
6. That the accused represented to me that the accused have to
make some payment to be done to the owner Mr. Mahajan,
therefore, as per discussion and arrangement with Mr. Mahajan
and accused person, I have issued a cheque of Rs.2,10,000/-
(Rs. Two lacs ten thousand only) which got cleared on
07/01/2022, and thereafter I started parking my vehicle at the
parking space of O-703.
7. That later I went to Hyderabad and when came back to my flat, I
found that the said Flat No.O-703 came to be sold by Mr.
Mahajan to someone else and the parking space was also
occupied by the new owner, and upon talk with Mr. Mahajan, it is
found that the accused have cheated to me for the tune of
Rs.2,10,000/- (Rs. Two lacs ten thousand only) and upon formal
talk with the accused have issued four cheques bearing No.
093766, 093767, 093768 and 093769 each for sum of
Rs.50,000/- (Rs. Fifty thousand only) out of which three cheques
has been dishonored for want of “Sufficient Fund”, which was
intimated to accused person, but the accused assured and
promised to clear and make payment of aforesaid dues of
Rs.2,10,000/- (Rs. Two lacs ten thousand only) at earliest.
8. That eventually upon accused assurance, promise and
intimation, I deposited the cheque no. 093768 drawn on with
Tamilnad Mercantile Bank Limited, Vasai Branch dated
20/03/2023 for its encashment with my banker HDFC Bank,
Vasai (East) branch, but this time too, the said cheque came to
be dishonored by accused banker vide bank Memo dated 7th
June, 2023 with remark “Funds Insufficient”. Hereto annexed
and marked as Exhibit “A” copy of Cheque and Exhibit “B’
copy of Bank Memo.
9. I states that after receipt of the dishonored cheque and
return memo from the bank, through my Advocate sent
statutory notice dated 28/06/2023 addressed to the
accused at his last known address mentioned in title
clause, under section 138 r/w section 142 of the N. I. Act,
1881 by speed post on above addresses of the accused as
mentioned in the cause title of the complaint through
registered post dated 05/07/2023 at the accused last
known address. Annexed hereto and marked Exhibit “C”
is of legal notice dated 13.06.2022 and Exhibit “D” copy
of Postal Receipt.
10. The notice send through speed/Registered post came
to be delivered on 07/07/2023 as per postal track report,
thus prima facie the accused have received the legal
demand notice on 07/07/2023. Annexed hereto and
marked Exhibit “E” is copy of Postal Track Report.
11. That despite of receipt of the notice, the accused
person deliberately and knowingly refused to make the
payment of the aforesaid amount of Dishonoured cheque
amount within stipulated period of 15 days, therefore, have
prima facie committed the offense punishable under
section 138 of Negotiable instrument Act.
13. The complaint states that the said cheque was
deposited by the complainant at his bank being HDFC Bank,
Vasai (East) branch, therefore, this Hon’ble court has
jurisdiction to entertain and try the present complaint.
14. The complainant states that the cause of action arose on
22/07/2023.
15. The complainant will rely upon the documents and
the witness a list whereof is annexed hereto.
16. The complainant states that the complainant has not
filed any other complaint in any court of law on the
same cause of action i.e. in respect of the said
cheque which is the subject matter of this complaint.
It is therefore prayed.
a) That necessary process be issued against the Accused u/s
138 of the N.I. Act. And thereafter the Accused be
punished as per the provisions of the Negotiable
Instrument Act 1881 as amended.
b) That the Accused may also be directed to pay the
compensation as per the provision of law.
c) Such other and further reliefs as this Hon’ble Court may
deem fit and proper.
And for this Act of kindness the complainant shall ever
pray as duty bound.
Dated this day of August, 2023
SHRI.SATISHKUMARR.YADAV (Complainant)
(Advocate for complainant)
VERIFICATION
I ,Mr. MIR MOHAMMED ALI KHAN, Muslim, aged about
_____ years, presently residing at address mentioned in the title
clause do hereby solemnly declare that what is stated in the para
no.1 to 8 is true to my knowledge, para 9 to 16 is legal
submission, are true and correct to the best of my knowledge
and I believe the same to be true.
Solemnly affirmed at Mumbai )
This day of August, 2023 ) Complainant
Before me
Identified by me,
Advocate for the complainant
ADV. SATISHKUMAR R. YADAV
Advocate High Court
Shop No. 8 kamla market (BMC) ,
Ckikuwadi ,Borivali west ,
Mumbai-400 092.
9920790870
MAH/6456/2014
IN THE COURT OF LD. JUDICIAL MAGISTRATE
FIRST CLASS, VASAI, PALGHAR
C.C. /SS/ 2023
Mr. MIR MOHAMMED ALI KHAN ….COMPLAINANT
V/S
Mr. NASIR KHAN proprietor of
M/s. Sofiya Properties …. ACCUSED
List of Documents:-
1. Copy of Cheque.
2. Bank return Memo.
3. Legal Notice & Postal receipt
4. Return Postal Packet
5. Such further and other witness as may be required
at the time of hearing.
Advocate for the complainant complainant
Adv. Satishkumar R. Yadav
Dated :
Place : Vasai.
IN THE COURT OF LD. JUDICIAL MAGISTRATE
FIRST CLASS, VASAI, PALGHAR
C.C. /SS/ 2023
Mr. MIR MOHAMMED ALI KHAN ….COMPLAINANT
V/S
Mr. NASIR KHAN proprietor of
M/s. Sofiya Properties …. ACCUSED
VAKALATNAMA
I, COMPLAINANT abovenamed do hereby appoint and authorized
ADV. SATISHKUMAR R. YADAV & Mr. Rajeshkumar Patel,
Advocate High Court, Bombay, to act, appear and plead for me /
us in the above case / matter.
In witness where of I have put my signature to this writing
on this ______ day of August, 2023.
Accepted :
ADV. SATISHKUMAR R. YADAV
Advocate High Court
Shop no.8 Kamala Market(BMC) ,
Ckikuwadi ,Borivali west ,
Mumbai-400 092.
9920790870
MAH/6456/2014
(Complainant)
IN THE COURT OF
LD.METROPOLITAN IN THE COURT
OF LD. JUDICIAL MAGISTRATE
FIRST CLASS, VASAI, PALGHAR
C.C. /SS/ 2023
Mr. MIR MOHAMMED ALI KHAN
….COMPLAINANT
V/S
Mr. NASIR KHAN proprietor of
M/s. Sofiya Properties
…. ACCUSED
COMPLAINT UNDER SECTION 138 OF
NEGOTIABLE INSTRUMENT ACT
1881. (as amended up to date
Dated this _____ day of August, 2023
ADV. SATISHKUMAR R. YADAV
Advocate for complainant
Shop no.8, Kamala Market (BMC)
Ckikuwadi ,Borivali west ,
Mumbai-400 092.
IN THE COURT OF LD. JUDICIAL MAGISTRATE
FIRST CLASS, VASAI, PALGHAR
C.C. /SS/ 2023
Mr. MIR MOHAMMED ALI KHAN ….COMPLAINANT
V/S
Mr. NASIR KHAN proprietor of
M/s. Sofiya Properties …. ACCUSED
AFFIDAVIT OF THE COMPLAINANT
I Mr. MIR MOHAMMED ALI KHAN, Muslim, aged about ___
years, O-101, Veena Dynasty, Last Stop, Evershine, Vasai (East),
Palghar-401 208, do hereby state on solemn affirmation as under:
1 I say that the complainant have filed above complaint
against the accused in respect of disputed cheque as
more particularly stated in the complaint.
2 I say that the complainant have not filed any suit or
complaint in any other court of law touching the facts of
the present case regarding the same transaction between
the accused.
Solemnly affirmed at Mumbai )
Dated ____ day of August, 2023 ) complainant
Identified and explained by me Before Me
Advocate for complainant
ADV. SATISHKUMAR R. YADAV
Advocate High Court
Shop no..8 Kamala Market (BMC) ,
Ckikuwadi ,Borivali west ,
Mumbai-400 092.
9920790870
MAH/6456/2014
VERIFICATION
I ,Mr. MIR MOHAMMED ALI KHAN, Muslim, aged about
___ years, presently residing at address mentioned in the title
clause do hereby solemnly declare that what is stated in the
paragraphs of the foregoing Affidavit are true and correct to the
best of my knowledge and I believe the same to be true.
Solemnly affirmed at Mumbai
This day of August, 2023 Complainant
Before me
Identified by me,
Advocate for the complainant
ADV. SATISHKUMAR R. YADAV
Advocate High Court
Shop no.8, Kamala Market (BMC),
Ckikuwadi , Borivali west ,
Mumbai-400 092.
9920790870
MAH/6456/2014
