1

IN THE HON`BLE COURT OF Spl.C.J.M- (Custom), LUCKNOW.

COMPLAINT CASE NO. OF 2019

M/s S.U. Enterprise, situated at House No.19/219, Indira Nagar,

Police Station Gajipur, Lucknow through its Proprietor Shri Rohit
Singh Rawat Aged About 32 years Son of Shri Shyam Singh Rawat
R/o 19/219, Indira Nagar, Police Station Gajipur, Lucknow.
……………Complainant/Applicant.

Vs.

Sri Anand Prakash Aged about years Son of Sri R.D.Verma R/o
House No.101, Sector-19, Indira Nagar, Police Station Gajipur,
Lucknow-226016. ………………..Accused.

Under section: 138 N.I. Act

Police station: Gajipur.
District: Lucknow.

APPLICATION UNDER SECTION 138 OF THE NEGOTIABLE

INSTRUMENT ACT1981.

That the humble applicant/complainant begs to submit as under:

1. That the accused was in immediate requirement of amount

Rs.90,000/-(Rupees Ninety Thousand) for which the accused
approached to the complainant and upon assurance of the
accused to pay back the aforesaid amount within three (03)
months, the complainant believed and agreed to lend the
aforesaid amount.

2. That the complainant on dated 24/06/2019 made the payment

of Rs.90,000/-(Rupees Ninety Thousand) by cash to the
accused as friendly loan which the accused accepted.
 2

3. That the complainant contacted the accused after (03) three

months then the accused had issued Account payee Cheque
No. 496490 for Rs.90,000/-(Rupees Ninety Thousand Only)
dated 25/09/2019 vide your Account No.20293371617 drawn
on State Bank of India, sector 19,Indira Nagar Branch,
Lucknow-226016 in favor of the complainant.

4. That the complainant presented the aforesaid Account payee

Cheque No. 496490 for Rs.90,000/-(Rupees Ninety Thousand
Only) dated 25/09/2019 vide your Account No.20293371617
drawn on State Bank of India, sector 19,Indira Nagar Branch,
Lucknow-226016 to his Banker State Bank of India, sector
19,Indira Nagar Branch, Lucknow-226016 in his account
No.32649427653 for payment but the same had been returned
unpaid along with the return memo dated 25/09/2019 with
reason,“ insufficient Funds”, the same was received by the
complainant on dated 25/09/2019.

5. That the Complainant after due consultation with the accused the
complainant again presented the aforesaid Account payee
Cheque No. 496490 for Rs.90,000/-(Rupees Ninety Thousand
Only) dated 25/09/2019, Account No.20293371617 drawn on
State Bank of India, sector 19,Indira Nagar Branch, Lucknow-
226016 to his Banker- State Bank of India, sector 19,Indira
Nagar Branch, Lucknow-226016 in his account
No.32649427653 for payment but the same had been returned
unpaid along with return memo dated 06/11/2019 with reason “-
insufficient Fund”.

6. That the Complainant when personally contacted the accused on

dated 07/11/2019, the accused made excuses and told that he
will make the payment in cash by 10/11/2019.

7. That even after that till date accused has failed to make
payment of the aforesaid amount of Account payee Cheque
No. 496490 for Rs.90,000/-(Rupees Ninety Thousand Only)
dated 25/09/2019, Account No.20293371617 drawn on State
Bank of India, sector 19,Indira Nagar Branch, Lucknow-
226016 to complainant.
 3

8. That by doing so accused has committed offence under

section-138 of the Negotiable Instrument Act.

9. That the accused has cheated dishonestly and fraudulently the

complainant for his personal benefits and profits.

10. That the complainant thereafter sent the registered legal notice
dated 15/11/2019 in compliance to the section 138 of the
negotiable instrument act, to the residential address of the
accused wherein the complainant had demanded the accused
to pay the amount of Account payee Cheque No. 496490 for
Rs.90,000/-(Rupees Ninety Thousand Only) dated 25/09/2019,
Account No.20293371617 drawn on State Bank of India, sector
19,Indira Nagar Branch, Lucknow-226016 within 15 days from
the date of receiving of the registered legal notice.

11. That the accused even after the expiry of the said period had
neither made the payment not replied to the legal notice of the
applicant/complainant.

12. That the applicant/complainant when enquired from the website

of the India Post about the track consignment on dated
06/12/2019 then came to know that the item had been
delivered to the address of the accused on dated 16/11/2019.

13. That the complainant had till date not received back the
registered legal notice.

14. That the Accused in the aforesaid facts, reasons &

circumstances had committed offence under section 138
of Negotiable Instrument Act-1881 and the Complainant
had become legally entitled to proceed against the
Accused.

15. That the Complaint is well within time as prescribed under

the N.I. Act. and if any delay had been caused that is
neither deliberate nor intentional but may have become
inadvertently the same shall be condoned in the interest of
justice and equity.
 4

16. That the complaint is triable by this Hon`ble Court as such

the Complainant Bank situates in the territorial jurisdiction
which falls within this Hon`ble Court.

PRAYER

Wherefore, this Hon`ble Court may very kindly be pleased to pass

an order:-

a. Summon the Accused and punish him in accordance with

the Negotiable Instrument Act-1881.

b. Award the amount of Account payee Cheque No. 496490 for

Rs.90,000/-(Rupees Ninety Thousand Only) dated 25/09/2019,
Account No.20293371617 drawn on State Bank of India, sector
19,Indira Nagar Branch, Lucknow-226016, with interest
prevailing at Bank rate, along with the cost of the Legal
notice Rs.4500/-(Rupees Four Thousand Five Hundred
only).

c. Award the Cost of the Complaint in favor of the Complainant.

d. Any other order which this Hon`ble Court deem fit, just and
proper in the circumstances of the case may also be passed
in favor of the Complainant.

Lucknow Complainant.

Dated: /12/2019 Through,

( Sanjay Gupta)
Advocate
Counsel for the Complainant
Mob: 9005418862
 5

IN THE HON`BLE COURT OF Spl.C.J.M- (Custom), LUCKNOW.

COMPLAINT CASE NO. OF 2019

M/s S.U. Enterprise, situated at House No.19/219, Indira Nagar,

Police Station Gajipur, Lucknow through its Proprietor Shri Rohit
Singh Rawat Aged About 32 years Son of Shri Shyam Singh Rawat
R/o 19/219, Indira Nagar, Police Station Gajipur, Lucknow.
……………Complainant/Applicant.

Vs.

Sri Anand Prakash Aged about years Son of Sri R.D.Verma R/o
House No.101, Sector-19, Indira Nagar, Police Station Gajipur,
Lucknow-226016. ………………..Accused.

Under section: 138 N.I. Act

Police station: Gajipur.
District: Lucknow.

AFFIDAVIT IN SUPPORT OF APPLICATION UNDER SECTION 138

OF THE NEGOTIABLE INSTRUMENT ACT1981.

I, Shri Rohit Singh Rawat Aged About 32 years Son of Shri Shyam
Singh Rawat R/o 19/219, Indira Nagar, Police Station Gajipur,
Lucknow, Proprietor M/s S.U. Enterprise, situated at House
No.19/219, Indira Nagar, Police Station Gajipur, Lucknow, the
deponent do hereby solemnly affirm on oath as under:

1. That the complainant is the deponent himself as such he is well

conversant with the facts of the case deposed to here under.

2. That the accused was in immediate requirement of amount

Rs.90,000/-(Rupees Ninety Thousand) for which the accused
approached to the Deponent and upon assurance of the
accused to pay back the aforesaid amount within three (03)
months, the Deponent believed and agreed to lend the
aforesaid amount.
 6

3. That the Deponent on dated 24/06/2019 made the payment of

Rs.90,000/-(Rupees Ninety Thousand) by cash to the accused
as friendly loan which the accused accepted.

4. That the Deponent contacted the accused after (03) three

months then the accused had issued Account payee Cheque
No. 496490 for Rs.90,000/-(Rupees Ninety Thousand Only)
dated 25/09/2019 vide your Account No.20293371617 drawn
on State Bank of India, sector 19,Indira Nagar Branch,
Lucknow-226016 in favor of the Deponent.

5. That the Deponent presented the aforesaid Account payee

Cheque No. 496490 for Rs.90,000/-(Rupees Ninety Thousand
Only) dated 25/09/2019 vide your Account No.20293371617
drawn on State Bank of India, sector 19,Indira Nagar Branch,
Lucknow-226016 to his Banker State Bank of India, sector
19,Indira Nagar Branch, Lucknow-226016 in his account
No.32649427653 for payment but the same had been returned
unpaid along with the return memo dated 25/09/2019 with
reason,“ insufficient Funds”, the same was received by the
Deponent on dated 25/09/2019.

6. That the Deponent after due consultation with the accused again
presented the aforesaid Account payee Cheque No. 496490 for
Rs.90,000/-(Rupees Ninety Thousand Only) dated 25/09/2019,
Account No.20293371617 drawn on State Bank of India,
sector 19,Indira Nagar Branch, Lucknow-226016 to his
Banker- State Bank of India, sector 19,Indira Nagar Branch,
Lucknow-226016 in his account No.32649427653 for payment
but the same had been returned unpaid along with return memo
dated 06/11/2019 with reason “-insufficient Fund”.

7. That the Deponent when personally contacted the accused on

dated 07/11/2019, the accused made excuses and told that he
will make the payment in cash by 10/11/2019.

8. That even after that till date accused has failed to make
payment of the aforesaid amount of Account payee Cheque
No. 496490 for Rs.90,000/-(Rupees Ninety Thousand Only)
 7

dated 25/09/2019, Account No.20293371617 drawn on State

Bank of India, sector 19,Indira Nagar Branch, Lucknow-
226016 to Deponent.

9. That by doing so accused has committed offence under

section-138 of the Negotiable Instrument Act.

10. That the accused has cheated dishonestly and fraudulently the
Deponent for his personal benefits and profits.

11. That the Deponent thereafter sent the registered legal notice
dated 15/11/2019 in compliance to the section 138 of the
negotiable instrument act, to the residential address of the
accused wherein the Deponent had demanded the accused to
pay the amount of Account payee Cheque No. 496490 for
Rs.90,000/-(Rupees Ninety Thousand Only) dated 25/09/2019,
Account No.20293371617 drawn on State Bank of India, sector
19,Indira Nagar Branch, Lucknow-226016 within 15 days from
the date of receiving of the registered legal notice.

12. That the accused even after the expiry of the said period had
neither made the payment not replied to the legal notice of the
applicant/ Deponent.

13. That the applicant/ Deponent when enquired from the website
of the India Post about the track consignment on dated
06/12/2019 then came to know that the item had been
delivered to the address of the accused on dated 16/11/2019.

14. That the Deponent had till date not received back the
registered legal notice.

15. That the Accused in the aforesaid facts, reasons &

circumstances had committed offence under section 138
of Negotiable Instrument Act-1881 and the Deponent had
become legally entitled to proceed against the Accused.

16. That the Complaint is well within time as prescribed under

the N.I. Act. and if any delay had been caused that is
neither deliberate nor intentional but may have become
 8

inadvertently the same shall be condoned in the interest of

justice and equity.

17. That the complaint is triable by this Hon`ble Court as such

the Deponent Bank situates in the territorial jurisdiction
which falls within this Hon`ble Court.

Lucknow Deponent
Dated:

VERIFICATION

I, the above named deponent do hereby verify the contents of

Para 1 to 17 of this affidavit are true and correct to the best of
deponents knowledge and belief. Nothing material had been
concealed. So help me God.

Lucknow Deponent
Dated:

IN THE HON`BLE COURT OF Spl.C.J.M- (Custom), LUCKNOW.

COMPLAINT CASE NO. OF 2019

 9

M/s S.U. Enterprise, situated at House No.19/219, Indira Nagar,

Police Station Gajipur, Lucknow through its Proprietor Shri Rohit
Singh Rawat Aged About 32 years Son of Shri Shyam Singh Rawat
R/o 19/219, Indira Nagar, Police Station Gajipur, Lucknow.
……………Complainant/Applicant.

Vs.

Sri Anand Prakash Aged about years Son of Sri R.D.Verma R/o
House No.101, Sector-19, Indira Nagar, Police Station Gajipur,
Lucknow-226016. ………………..Accused.

Under section: 138 N.I. Act

Police station: Gajipur.
District: Lucknow.

STATEMENT OF COMPLAINANT UNDER SECTION 200 Cr.P.C

ON AFFIDAVIT.

I, Shri Rohit Singh Rawat Aged About 32 years Son of Shri Shyam
Singh Rawat R/o 19/219, Indira Nagar, Police Station Gajipur,
Lucknow, Proprietor M/s S.U. Enterprise, situated at House
No.19/219, Indira Nagar, Police Station Gajipur, Lucknow, the
deponent do hereby solemnly affirm on oath as under:

1. That the complainant is the deponent himself as such he is well

conversant with the facts of the case deposed to here under.

2. That the accused was in immediate requirement of amount

Rs.90,000/-(Rupees Ninety Thousand) for which the accused
approached to the Deponent and upon assurance of the
accused to pay back the aforesaid amount within three (03)
months, the Deponent believed and agreed to lend the
aforesaid amount.
 10

3. That the Deponent on dated 24/06/2019 made the payment of

Rs.90,000/-(Rupees Ninety Thousand) by cash to the accused
as friendly loan which the accused accepted.

4. That the Deponent contacted the accused after (03) three

months then the accused had issued Account payee Cheque
No. 496490 for Rs.90,000/-(Rupees Ninety Thousand Only)
dated 25/09/2019 vide your Account No.20293371617 drawn
on State Bank of India, sector 19,Indira Nagar Branch,
Lucknow-226016 in favor of the Deponent.

5. That the Deponent presented the aforesaid Account payee

Cheque No. 496490 for Rs.90,000/-(Rupees Ninety Thousand
Only) dated 25/09/2019 vide your Account No.20293371617
drawn on State Bank of India, sector 19,Indira Nagar Branch,
Lucknow-226016 to his Banker State Bank of India, sector
19,Indira Nagar Branch, Lucknow-226016 in his account
No.32649427653 for payment but the same had been returned
unpaid along with the return memo dated 25/09/2019 with
reason,“ insufficient Funds”, the same was received by the
Deponent on dated 25/09/2019.

6. That the Deponent after due consultation with the accused again
presented the aforesaid Account payee Cheque No. 496490 for
Rs.90,000/-(Rupees Ninety Thousand Only) dated 25/09/2019,
Account No.20293371617 drawn on State Bank of India,
sector 19,Indira Nagar Branch, Lucknow-226016 to his
Banker- State Bank of India, sector 19,Indira Nagar Branch,
Lucknow-226016 in his account No.32649427653 for payment
but the same had been returned unpaid along with return memo
dated 06/11/2019 with reason “-insufficient Fund”.

7. That the Deponent when personally contacted the accused on

dated 07/11/2019, the accused made excuses and told that he
will make the payment in cash by 10/11/2019.

8. That even after that till date accused has failed to make
payment of the aforesaid amount of Account payee Cheque
No. 496490 for Rs.90,000/-(Rupees Ninety Thousand Only)
dated 25/09/2019, Account No.20293371617 drawn on State
 11

Bank of India, sector 19,Indira Nagar Branch, Lucknow-

226016 to Deponent.

9. That by doing so accused has committed offence under

section-138 of the Negotiable Instrument Act.

10. That the accused has cheated dishonestly and fraudulently the
Deponent for his personal benefits and profits.

11. That the Deponent thereafter sent the registered legal notice
dated 15/11/2019 in compliance to the section 138 of the
negotiable instrument act, to the residential address of the
accused wherein the Deponent had demanded the accused to
pay the amount of Account payee Cheque No. 496490 for
Rs.90,000/-(Rupees Ninety Thousand Only) dated 25/09/2019,
Account No.20293371617 drawn on State Bank of India, sector
19,Indira Nagar Branch, Lucknow-226016 within 15 days from
the date of receiving of the registered legal notice.

12. That the accused even after the expiry of the said period had
neither made the payment not replied to the legal notice of the
applicant/ Deponent.

13. That the applicant/ Deponent when enquired from the website
of the India Post about the track consignment on dated
06/12/2019 then came to know that the item had been
delivered to the address of the accused on dated 16/11/2019.

14. That the Deponent had till date not received back the
registered legal notice.

15. That the Accused in the aforesaid facts, reasons &

circumstances had committed offence under section 138
of Negotiable Instrument Act-1881 and the Deponent had
become legally entitled to proceed against the Accused.

16. That the Complaint is well within time as prescribed under

the N.I. Act. and if any delay had been caused that is
neither deliberate nor intentional but may have become
 12

inadvertently the same shall be condoned in the interest of

justice and equity.

17. That the complaint is triable by this Hon`ble Court as such

the Deponent Bank situates in the territorial jurisdiction
which falls within this Hon`ble Court.

Lucknow Deponent
Dated:

VERIFICATION

I, the above named deponent do hereby verify the contents of

Para 1 to 17 of this affidavit are true and correct to the best of
deponents knowledge and belief. Nothing material had been
concealed. So help me God.

Lucknow Deponent
Dated:

IN THE HON`BLE COURT OF Spl.C.J.M- (Custom), LUCKNOW.

COMPLAINT CASE NO. OF 2019

 13

M/s S.U. Enterprise, situated at House No.19/219, Indira Nagar,

Police Station Gajipur, Lucknow through its Proprietor Shri Rohit
Singh Rawat Aged About 32 years Son of Shri Shyam Singh Rawat
R/o 19/219, Indira Nagar, Police Station Gajipur, Lucknow.
……………Complainant/Applicant.

Vs.

Sri Anand Prakash Aged about years Son of Sri R.D.Verma R/o
House No.101, Sector-19, Indira Nagar, Police Station Gajipur,
Lucknow-226016. ………………..Accused.

Under section: 138 N.I. Act

Police station: Gajipur.
District: Lucknow.

REGISTERED ADDRESS OF THE COMPLAINANT

M/s S.U. Enterprise,

Situated at House No.19/219,
Indira Nagar,
Police Station Gajipur,
Lucknow.226016.
through its Proprietor Shri Rohit Singh Rawat
Son of Shri Shyam Singh Rawat
R/o 19/219,
Indira Nagar,
Police Station Gajipur,
Lucknow-226016.

Lucknow Complainant
Dated:
PROFORMA
(To be appended with the complaint U/s 138 N.I.Act)

IN THE HON`BLE COURT OF Spl.C.J.M- (Custom), LUCKNOW.

 14
COMPLAINT CASE NO. OF 2019

1.Complainant: M/s S.U. Enterprise, situated at House No.19/219, Indira

Nagar, Police Station Gajipur, Lucknow through its Proprietor Shri Rohit Singh
Rawat Aged About 32 years Son of Shri Shyam Singh Rawat R/o 19/219, Indira
Nagar, Police Station Gajipur, Lucknow.

(in case of company then specify the Person Authorised)

2.Respondent(s)/Accused(s): Sri Anand Prakash Aged about years Son

of Sri R.D.Verma R/o House No.101, Sector-19, Indira Nagar, Police Station
Gajipur, Lucknow-226016.
(in case company then specify the person authorized/signatory of the
cheque)
3.A)Amount of Cheque:Rs.90,000/ - B)Date of Cheque:25/09//2019

C)Drawn on Bank: State Bank of India D)Branch: Sector-19 Indira Nagar,

Lucknow.

E)Payee Bank: State Bank of India F)Branch: Sector-19, Indira

Nagar, Lucknow.

4.Date of Dishonor: 25/09/2019 And 06/11/2019

5.Resons of Dishonor: Insufficient Fund.

6.Date of Knowledge of Dishonor of Cheque:25/09/2019 And 06/11/2019

7.Date on which Notice Sent:15/11/2019

8.Date of Service(Actual):16/11/2019

Deemed if any: NA

9.Date of filing Complaint: /12/2019

10.Whether filed within the statutory Limitation Period: Yes No

If No then delay Condonation: No

11.Documents Filed:

1.Cheque: YES

2.Memo of Dishonour of Cheque: YES

3.Copy of Legal Notice(s): YES

4.Copy of Postal Recept(s): YES

5.Copy of A.D. if any: NA

6.Other (please specify): Track Consignment Report.

Counsel for Complainant.