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IN THE COURT OF MS. SAKSHI GUPTA LD. JMIC

SONIPAT

Parminder kumar S/O Sh. Krishan Gopal Age, 50 years r/o house
no.1719, housing board colony, sector -14, Tehsil and Distt.
Sonipat

……… Complainant
Vs
Satish Sharma s/o Rameshwer Sharma R/o 1275/2 , Ward no. 2,
near Bhabi ji Gurudawara,Raj Mohalla , Tehsil-and District
Sonipat, pin code 131001. also at present- house no.155 , sector -
13, near Bda park, c/o Shri Yashbir malik(land lord).
Aadhar no. (496617250746) MO.9215581321

…..Accused person
P.S - Sector-27 ,Sonipat

Complainant U/s 138 with amended provision

section 143A Negotiable Instrument Act.

R/Madam,

The complainant humbly submits as under: -

1. That complainant and the accused have family and business

terms with each other since many years. That most of time
the accused borrowed amount from complainant for his
business need and the amount was duly returned by the
accused.

2. That in the year 2021-2022 the accused demanded a sum of

rupees- 20,000,00/-(twenty lakhs rupees) to start the accused
business in the name and style of m/s premier mart and
complainant also told the accused that he has also a
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commercial property no. 1720, ground floor and wants to

lease on monthly basis rent. That the accused immediately
show willingness to get the property of complainant on lease
monthly rent basis for the accused new business.

3. That a rent agreement between the accused and complainant

was made on dated 11/01/2022 and the accused started
business with name and style M/S Premier mart on address
1720, Ground floor, sector-14, Sonipat.

4. That for the accused business complainant gave the accused

16,00,000, /- rupees (sixteen lakh) and duly received signed
receipt of all payments from accused and the accused assured
to the complainant that the accused will revert all the
borrowed amount and monthly rent of premise in the year
2023 but till today the accused did not revert/return any
amount of complainant or any rent.

5. That after many visits the accused told to complainant that

the accused facing many difficulties and crises and the
accused told to complainant that very soon the accused will
revert/return all the amount in one time. In this way the
accused and complainant held a meeting at the residence of
complainant and made a calculation regarding all due amount
and it was duly calculated in the accused presence and in
discharge of the accused liability the accused hand over one
PDC cheque of rupees-21,39,900/- (twenty one lakh thirty-
nine thousand and nine hundred rupees only) to complainant
and the accused assured to complainant that cheque will
surely be honored. It is pertinent to mention here that for the
above said amount an affidavit was made and duly signed by
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the accused and complainant. It is also need to mention here

that the accused himself terminate the agreement on
16/10/2024 and also vacant the property of complainant.

6. That as per above said written and discussion complainant

presented said cheque bearing number-432721 dated
06/11/2024 for a sum of rupees-21,39,900(twenty-one lakh
thirty-nine thousand and nine hundred rupees only) of Canara
bank, Sonipat which given by the accused to discharge of his
legal liability towards complainant.

7. That complainant presented the said Cheque as per the

accused assurance for encashment with his Bank ICICI
BANK SONIPAT but the said Cheque was dishonored and
returned unpaid back with remark “EXCEEDS
ARRANGEMENT’’. Complainant surprisingly asked the
accused that why the accused don’t maintain funds for the
above said cheque but the accused are avoiding complainant
for the above said amount on one pretext to another. In this
way the accused cheated with complainant. The banker
issued return memo dated 07/11/2024 vide clearing and
received by complainant. It is appeared that the accused are
intentionally and mala-Fidely avoiding the payment of
complainant as well as the Cheque amount to complainant for
which the accused are legally bound to pay but the accused
escaping himself for his legal liability. It is pertinent to
mention here that the accused assured that very soon the
accused are arranging all cheque amount, but till today not a
single rupee given by the accused. It is pertinent to mention
here that now the accused are not picking calls of

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complainant. Copy of original cheque and returning memo is

attached herewith for the kind perusal of this Honble court.

8. That since then complainant is trying to contact to the

accused but the accused are avoiding complainant on one to
another pretext, which shows that the accused want to cheat
complainant and played fraud by wrongful gain towards
complainant. That complainant requesting that in the accused
need he helps the accused but now the accused escaping
himself from his legal liabilities. That cheque amount is
legally enforceable debt and complainant has every right to
file a complaint.

9. That in this regard after dishonor of said cheque a

legal/demand notice was duly sent to the accused on dated
18/11/2014 on the both addresses of accused and the notice
was duly served on 19/11/2024 to the accused on his both
addresses i.e permanent and temporary but the accused did
not give a single penny and also not given any reply of the
legal/demand notice with in stipulated period and also before
the filing of this complaint. Hence this complaint. Copy of
legal notice, receipts, and delivery reports are attached with
the complaint.

10. That the Cheque in question were issued by the accused in

discharge of the accused legal liability, as mentioned above,
but the accused, with mala-fide intention to cheat
complainant. In this way the accused committed an offence
punishable under provision of section 138 of the Negotiable
Instruments Act as well as for cheating which is also
punishable under section- 318 BNS 2023 .
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11. That the accused has failed to make payment against the said
cheque, as such, now it has been crystal clear that the accused
has committed an offence U/s 138 and other sections of the
amended provisions of the Negotiable Instruments Act, 1881
knowingly and intentionally and even after issuance of the
legal notice, as such, for which he is liable to be punished.

12. That in view of the facts and circumstances, the complainant

has a cause of action and right to file the present complaint.
The cause of action has arisen in favour of the complainant
when, on the expiry of the notice period, the accused has not
come forward to pay the amount relating to the dishonored
cheque. The cause of action is still subsisting and continuing
in nature.

13. That there is no other litigation with regard to the present

issue in between the parties to the present complaint is
pending throughout all Indian Court.

14. That the complainant and accused both are resident of

Tehsil and Distt. Sonipat and the bank of the accused also
situated at Sonipat, which is well within the territorial
jurisdiction of P.S- sector 27 Sonipat . Hence, this Hon'ble
court has got jurisdiction to entertain and try the present
complaint.

PRAYER

It is, therefore, most respectfully prayed that this Hon’ble Court

may be pleased to:

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a) Summon, prosecute the Accused under the provisions of

Section 138 read with Section 142 of the Negotiable
Instruments Act, 1881 as amended by the Negotiable
Instrument laws (Amended and Miscellaneous Provisions)
Act, 2002., and also direct the accused to pay the
compensation amount covered under the said dishonored
cheques under the provision of U/S 395 BNSS 2023 in the
interest of justice;

And

b) Such other and further orders may be passed as may be

deemed fit and proper by this Hon’ble Court.

Complainant

Dated:

Parminder Kumar S/O Sh. Krishan

Gopal Age, 50 years r/o house
no.1719, housing board colony,
sector -14, Tehsil and Distt. Sonipat

Through Counsel

Check List U/s 138 N I Act

Index with paging □ File cover □

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1. Name & address of Parminder kumar S/O Sh.

complainant Krishan Gopal Age, 50 years
r/o house no.1719, housing
board colony, sector -14, Tehsil
and Distt. Sonipat

2. Name & address of Satish Sharma s/o Rameshwer

accused(s) Sharma R/o 1275/2 ,
Ward no. 2, near Bhabi ji
Gurudawara,Raj
Mohalla , Tehsil-and
District Sonipat, pin code
131001.

3. Name of police station Sector-27 SONIPAT

4. Details regarding any other cases u/s 138 NI Act pending
against same accused(s)
4(a) Name of the court where NA
such case is pending
4(b) Complaint case number NA
4(c) Next date of hearing before NA
such court
5. Any other information (e.g. Attached
agreement of loan etc.) with
date and other particulars

Cheque Nos. Cheque date Cheque amount

432721 06/11/2024 Rs.21,39,900/-
Return memo date legal notice date Complaint filed on
07/11/2024 18/11/2024 09/12/2024

Parminder kumar
V/s
Satish sharma
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Parminder kumar S/O Sh. Krishan Gopal Age, 50 years r/o house
no.1719, housing board colony, sector -14, Tehsil and Distt.
Sonipat

On S.A.

Stated That I tender an affidavit Ex. CWl/A along-with

document Ex.C1 to Ex.C in preliminary evidence in the present

complaint. The same may kindly be read in my evidence. I close the

preliminary evidence.

RO&AC

In the court of Ms. Sakshi Gupta ld. JMIC Sonipat

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Parminder kumar Versus Satish Sharma

Complaint U/s 138 of the NI Act

INDEX

Sr. No. Particulars Pages

1

10

Place: Sonepat
Dated: Complainant

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In the court of Ms. Sakshi Gupta ld. JMIC Sonipat

Parminder kumar S/O Sh. Krishan Gopal Age, 50 years R/o house
no.1719, housing board colony, sector -14, Tehsil and Distt.
Sonipat

……… Complainant
Vs

Satish Sharma s/o Rameshwer Sharma R/o 1275/2 , Ward no. 2,

near Bhabi ji Gurudawara,Raj Mohalla , Tehsil-and District
Sonipat, pin code 131001.

………..Accused person

Complaint U/s 138 of Negotiable Instrument Act

----
AFFIDAVIT

I, Parminder kumar S/O Sh. Krishan Gopal Age, 50 years r/o house
no.1719, housing board colony, sector -14, Tehsil and Distt.
Sonipat do hereby solemnly affirm and declare as under:-
1. That deponent and the accused have family and business
terms with each other since many years. That most of time
the accused borrowed amount from deponent for his business
need and the amount was duly returned by the accused.
2. That in the year 2021-2022 the accused demanded a sum of
rupees- 20,000,00/-(twenty lakhs’ rupees) to start the accused
business in the name and style of m/s premier mart and
deponent also told the accused that he has also a commercial
property no. 1720, ground floor and wants to lease on

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monthly basis rent. That the accused immediately show

willingness to get the property of deponent on lease monthly
rent basis for the accused new business.
3. That a rent agreement between the accused and deponent was
made on dated 11/01/2022 and the accused started business
with name and style M/S Premier mart on address 1720,
Ground floor, sector-14, Sonipat.
4. That for the accused business deponent gave the accused
16,00,000, /- rupees (sixteen lakh) and duly received signed
receipt of all payments from accused and the accused assured
to the deponent that the accused will revert all the borrowed
amount and monthly rent of premise in the year 2023 but till
today the accused did not revert/return any amount of
deponent or any rent.
5. That after many visits the accused told to deponent that the
accused facing many difficulties and crises and the accused
told to deponent that very soon the accused will revert/return
all the amount in one time. In this way the accused and
deponent held a meeting at the residence of deponent and
made a calculation regarding all due amount and it was duly
calculated in the accused presence and in discharge of the
accused liability the accused hand one PDC cheques of
rupees-21,39,900(twenty-one lakh thirty-nine thousand and
nine hundred rupees only) to deponent and the accused
assured to deponent that cheque will surely be honored. It is
pertinent to mention here that for the above said amount an
affidavit was made and duly signed by the accused and
deponent. It is also need to mention here that the accused

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himself terminate the agreement on 16/10/2024 and also

vacant the property of deponent.
6. That as per above said written and discussion deponent
presented said cheque bearing number-432721 dated
06/11/2024 for a sum of rupees-21,39,900(twenty-one lakh
thirty-nine thousand and nine hundred rupees only) of Canara
bank, Sonipat which given by the accused to discharge of his
legal liability towards deponent.
7. That deponent presented the said Cheque as per the accused
assurance for encashment with his Bank ICICI BANK
SONIPAT but the said Cheque was dishonored and returned
unpaid back with remark “EXCEEDS ARRANGEMENT’’.
Deponent surprisingly asked the accused that why the
accused don’t maintain funds for the above said cheque but
the accused are avoiding deponent for the above said amount
on one pretext to another. In this way the accused cheated
with deponent. The banker issued return memo dated
07/11/2024 vide clearing and received by deponent. It is
appeared that the accused are intentionally and mala-fidely
avoiding the payment of deponent as well as the Cheque
amount to deponent for which the accused are legally bound
to pay but the accused escaping himself for his legal liability.
It is pertinent to mention here that the accused assured that
very soon the accused are arranging all cheque amount, but
till today not a single rupee given by the accused. It is
pertinent to mention here that now the accused are not
picking calls of deponent. Copy of original cheque and

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returning memo is attached herewith for the kind perusal of

this Honble court.
8. That since then deponent is trying to contact to the accused
but the accused are avoiding deponent on one to another
pretext, which shows that the accused want to cheat deponent
and played fraud by wrongful gain towards deponent. That
deponent requesting that in the accused need he helps the
accused but now the accused escaping himself from his legal
liabilities. That cheque amount is legally enforceable debt
and deponent has every right to file a complaint.
9. That on in this regard after dishonor of said cheque a
legal/demand notice was duly sent to the accused on dated
18/11/2014 on the both addresses of accused and the notice
was duly served on 19/11/2024 to the accused on his both
addresses i.e. permanent and temporary but the accused did
not give a single penny and also not given any reply of the
legal/demand notice with in stipulated period and also the
filing of this complaint. Copy of legal notice, receipts, and
delivery reports are attached with the complaint.
10. That the Cheque in question were issued by the accused in
discharge of the accused legal liability, as mentioned above,
but the accused, with mala-fide intention to cheat deponent.
In this way the accused committed an offence punishable
under provision of section 138 of the Negotiable Instruments
Act as well as for cheating which is also punishable under
section- 318 BNS 2023 .
11. That the accused has failed to make payment against the said
cheque, as such, now it has been crystal clear that the accused

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has committed an offence U/s 138 and other sections of the

amended provisions of the Negotiable Instruments Act, 1881
knowingly and intentionally and even after issuance of the
legal notice, as such, for which he is liable to be prosecuted
and punished.
12. That in view of the facts and circumstances, the deponent has a
cause of action and right to file the present complaint. The
cause of action has arisen in favour of the deponent when, on
the expiry of the notice period, the accused has not come
forward to pay the amount relating to the dishonored cheque.
The cause of action is still subsisting and continuing in nature.
13. That there is no other litigation with regard to the present issue
in between the parties to the present complaint is pending
throughout all Indian Court.

Deponent

Verification: - Verified that the contents of the above affidavit are

true and correct to the best of my knowledge and belief and nothing
has been concealed therein.

Verified at Sonipat
on Deponent

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In the court of Ms. Sakshi Gupta ld. JMIC Sonipat

PARMINDER KUMAR ---Complainant

Versus

SATISH KUMAR ---Accused

Complaint U/s 138 of Negotiable

Instrument Act
List of witnesses
1. Complainant himself.
2. Concerned clerk/record keeper of complainant bank ICICI
BANK regarding the cheque and documents.
3. Concerned clerk/record keeper of accused bank Cenara Bank
sonipat regarding the cheque and documents.
4. Subhas Tyagi notary public, Sonipat Regd. number.3069
(attesting witness) Sonipat along with record of agreement
dated 11/01/2022
5 Kishor vashisht and Ramesh kumar witnesses of agreement
dated 11/01/2022.
6. Any other witnesses with the permission of the Hon'ble court.

Complainant

Dated: Parminder Kumar S/O Sh. Krishan

Gopal Age, 50 years R/o house
no.1719, housing board colony,
sector -14, Tehsil and Distt. Sonipat.

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