DISTRICT KOLKATA
IN THE COURT OF THE LEARNED CHIEF JUDICIAL MAGISTRATE, AT
BANKSHALL
Ref:- CS No. of 2025
In the matter of:
Mr. Dhiraj Agarwal, resident of S/O.
Nandlal Mehadia, Golchha Marg,
Sadar Bazar , Nagpur (Urban),
Nagpur, Maharashtra – 440001,
currently residing at Flat 402, Block F,
Rabindra Nagar Complex, Near
Shalimar Station, Howrah - 711103
…………..Complainant
Versus
1. Sandeep Suri , residing at
600/P/12, Ratandeep Housing Society,
Byramji Town, Nagpur – 440013,
Maharashtra, and also at C701, Kanha
Regency, Opp Tidke High School,
Beside vali Apartment , Katol Road,
Chhoani , Nagpur – 4440013, Nagpur
…………….Accused Person
AFFIDAVIT IN CHIEF FILED BY THE ABOVE NAMED PETITIONER
The humble petition on behalf of the
Above named petitioner.
MOST RESPECTFULLY SHEWETH:-
1. That I am the authorized person of the above named company to
take all necessary steps in connection therewith on behalf by the
way of an Authorized Letter issued in my favour.
A copy of the Authorization Letter is annexed herewith marked as
“Annexure A’’.
2. That the accused person is an individual residing at the address as
mentioned in the cause title herein above and is also the authorized
signatory of the cheque/cheques in question issued by hi
3. That we had supplied Safety & welding Items from time to time and
the accused has fraudulently and dishonestly represented and
assured us to make payment of the purchased items which were
supplied by us on the basis of bills raised by the me from time to
time.
4. That the accused person in discharge of his legal debt/ liability
issued a cheques in favor of our company being No. 308447, dated
10/01/2025 for a sum of Rs. 5,00,000/- (Rupees Five Lacs only)
drawn on Union Bank of India, Gandhibagh Branch , Nagpur –
440002, Maharashtra.
The detail of the said cheque is mentioned hereunder on table format:
Cheque No. Cheque Date Amount Drawn On
308447 10.01.2025 Rs. 5,00,000 Union Bank of
India,
Gandhibagh
Branch , Nagpur
– 440002,
Maharashtra
5. That the said Cheque was duly presented for encashment within
the validity period through our Banker on 30.01.2025 Axis Bank,
Shibpur, Branch, 439/1, Grand Trunk Road, beside Shibpur Tram
Depot, Police Line , Shibpur , Howrah – 711101, West Bengal within
the jurisdiction of the Learned Court, however, the said cheque was
returned unpaid by the said hank with a bank slip dated 30.01.2025
endorsing "FUNDS INSUFFICi ENT which was intimated to your
petitioner subsequently
6.That we thereafter sent a demand notice u/s 138(b) of the Negotiable
Instruments Act 1881 (amended up to date) through Advocate Mr. Arani
Guha in writing dated 14th February upon the accused by way of Speed
Post vide Receipt No.EW158217318IN and EW152817423IN, dated
15.02.2025, which was returned to the sender as the addressee eve after
serving intimation did not claim the notice in both of his addresses.
8. That despite service of the aforesaid notice the accused had failed to
make payment of Rs. 5,00,000/- (Rupees Five Lacs only).
9. That from the aforesaid conduct of the accused it is crystal clear that
they with a mala fide intention and in order to cheat and defraud /harass
our company knowing fully well that the above mentioned cheque would
be dishonored since the amount of the accused person had already been
closed. That the accused person thus has committed an offence and has
admittedly failed to make payment of the abovementioned dishonored
cheque to our company within the stipulated period, which is punishable
under section 138 of the Negotiable Instruments Act,1881(as amended up
to date)
10. The Learned Court has ample jurisdiction to entertain our petition and
try the offender as the cause of action has taken place at Axis Bank,
Shibpur Branch, 439 / 1 , Grand Trunk Road, beside Shibpur Tram Depot,
Plolice Line , Shibpur ,Howrah - 711101 West Bengal wherein the
complainant had presented the said cheques for encashment and same
were returned dishonored, which falls within the jurisdiction of this
Learned Court.
11. That we already produced the necessary documents in support of this
case as and when directed by the Learned Court.
12. That the instant application is made bona fide and for the ends of the
justice.
AFFIDAVIT
I, Mr. Dhiraj Agarwal, resident of S/O. Nandlal Mehadia, Golchha Marg,
Sadar Bazar , Nagpur (Urban), Nagpur, Maharashtra – 440001, currently
residing at Flat 402, Block F, Rabindra Nagar Complex, Near Shalimar
Station, Howrah - 711103do hereby solemnly affirm and declare as
follows:-
1. That I am the Complainant of this case and well conversant of this
instant case.
2. That all the statements made by me are true to my knowledge and
belief.
_______________________
Deponent
Advocate.
List of witnesses:
1) Complainant
Both Accused's and Complainant's Bank details
3) Documents and others.
Filed by
Advocate
Dated this
day of
2022
JAIN SAPEWELD PVT. LTD.
Dinor
