1. IN THE COURT OF HON’BLE CHIEF JUDICIAL MAGISTRATE, AT
NAGPUR
CRIMINAL COMPLAINT CASE No.____________/2011
Shriram City Union Finance Limited, a - COMPLAINANT
Company registered and incorporated under
the Companies Act, 1956, having its
registered office at 123, Angappa Naicken
Street, Chennai-600 001, Corporate Office at
201/ 202/ 203/ 207, Monarch Plaza, Sector-
11, CBD, Belapur, Navi Mumbai-400706 and
Branch office inter alia at Flat No.4 – A, North
Bazar Road, Dharampeth Extension, Nagpur
acting through and represented by its Legal
Assistant and duly authorized and
Constituted Attorney- Shri. Mahesh son of
Manikrao Mohod, aged about 29 years,
Occupation : Service, Resident of Nagpur.
..VERSUS..
MR . CHANDRAKISHOR CHANDRASHEKHAR
2ND LFOOR ABOVE ANAND BHANDAR
WHC ROAD,DHARAMPETH,
NAGPUR.
ACCUSED
-
COMPLAINT FOR OFFENCE U/S. 138 OF THE NEGOTIABLE
INSTRUMENTS ACT
The Complainant above named most respectfully submits as
under:-
1. That the complainant herein is a company registered and
incorporated as such under the provisions of the Indian Companies Act,
1956 and is having its registered office, corporate office and also branch
office at the respective addresses mentioned in the cause title of this
complaint case. The complainant Company is engaged inter alia in the
business of providing Consumer Loan/finance for consumer durables,
Two Wheeler, Three Wheelers, Four Wheelers, Personal Loan, Trade Loan
and other financial products.
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2. 2. That the present complaint is signed, verified and filed by
the Complainant-company through its Legal Assistant and duly
constituted and authorized Attorney – Shri. Mahesh son of Manikrao
Mohod by virtue of the Power of Attorney dated 18.3.2008 duly executed
in his favour and authorization given to him by the Complainant
Company. Accordingly, by virtue of the said duly notarized Power of
Attorney and authorisation, Shri. Mahesh S/o Manikrao Mohod is duly
authorized, competent and empowered inter alia to sign, verify and file
the present complaint case and to do all such various acts, deeds and
things as may be necessary and incidental to the powers conferred upon
him under the said Power of Attorney / authorisation.
3. The Complainant Company submits that the Accused
approached to Complainant Company for Trade Loan and obtained
Trade Loan of RS 200,000/- (Rupees Two Lakh Only) with interest @
22.55% p.a., from the complainant as per the terms and condition of the
Agreement No. NRTFG210E00013 executed and signed on 05/02/2010
by the accused in favour of the Complainant Company. The said loan
was repayable by the accused to the Complainant Company in 36
monthly installments.
4. The Complainant Company submits that on demand to make
payment of installment, issued to the Complainant Company a cheque in
favour of complainant company for Rs 9314/- (Rupees Nine Thousand
Three Hundred and Fourteen only) under Cheque bearing No. 697423
dated 07/09/2011 drawn on PUNJAB NATIONAL BANK towards his
liability of installments to pay the amount due by the accused to the
complainant.
5. The Complainant Company presented the said cheque to its
bankers namely AXIS Bank Ltd. Nagpur, who presented the said cheque
to the Bank of accused PUNJAB NATIONAL BANK for its realization and
payment. But the amount of money standing to the credit of the account
of accused in his said bank at the time of the presentation of the said
cheque was insufficient to honour the said cheque. As a result, the said
cheque was dishonored and returned back to the Complainant Company
unpaid vide Cheque Return Memo dated 10/09/2011 issued by i.e. the
Punjab National Bank of accused with reason/remarks “Insufficient
Funds”.
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3. 6. The Complainant Company states that the accused knowing
fully well that he has no amount in his account and the cheque issued
by him would be dishonored, dishonestly issued the same to the
complainant and thereby the accused committed offence under section
138 of the Negotiable Instruments Act and he is liable to be punished for
the offence under section 138 of the Negotiable Instruments Act.
7. That the Complainant Company through Shri. Sumeet P.
Bodalkar Advocate, called upon the accused by Legal Notice dated
05/10/2011 which was posted on 05/10/2011 by Registered post with
acknowledgement due to make the payment of the aforesaid dishonoured
Cheque within 15 days from the date of receipt of said notice. By the said
legal notice the accused was specifically cautioned that if the payment as
called upon was not made within 15 days then the accused will be liable
for committing an offence punishable under section 138 read with
section 142 of Negotiable Instrument Act 1881. The said envelop has
been return on 13/09/2011 with remark “not claimed returned to
sender” and therefore it is deemed proper service to the accused. The
accused has not paid the amount and as such intentionally and
knowingly committed offence punishable under section 138 of Negotiable
Instrument Act, 1881.
8. That the accused has committed offence under section 138
and section 142 of the Negotiable Instruments Act and the complainant
has filed this compliant to seek punishment for the accused and
compensation for himself under the provisions section 357 of Cr. P.C.
The relevant dates leading to complaint are as under:-
(a) Cheque for Rs. 5,223/- Dtd: 07/09/2011
(b) Cheque came dishonored to the
Co0mplainant on Dtd: 10/09/2011
(c) Notice to the Accused through
Counsel issued on Dtd: 05/10/2011
(d) Notice return on Dtd: 13/09/2011
(e) Period the repay ended on Dtd: 27/09/2011
(f) Complaint could be filed on or before Dtd: 26/10/2011
9. That, the cause of action for filing the present complaint case
against the accused arose within the territorial jurisdiction of this
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4. Hon’ble Court the accused neglected and failed to pay off the amount of
the aforesaid dishonoured cheque under reference to the complaint-
Company.
10. That, the present complaint case being filed by the
complainant Company before this Hon’ble court today i.e. on /10/2011
is well within the limitation prescribed by the law.
11. That the complainant Company is filing documents as per the list
separately annexed herewith, in support of the present complaint case
and craves leave of this Hon’ble Court to file more afterwards as and
when deemed necessary.
PRAYER :- It is, therefore, most humbly prayed that :
[A] The accused may kindly be summoned, tried and punished
as per the law, for committing the offence under Sections - 138
read with Section -142 of the Negotiable Instruments Act, 1881, as
amended by the Act, 2002.
[B] The accused may kindly be ordered to pay to the
complainant Company by way of compensation, such amount, as
may be deemed fit and appropriate by this Honourable Court in
the facts and circumstances of the case, as per the relevant
provisions of Section - 357 of the Code of Criminal Procedure.
[C] Costs be kindly made to follow the events.
[D] Any other relief, which deems fit and proper under the facts
and circumstances of the case may also be kindly granted to the
complainant.
NAGPUR
DATE : / /2011 For Shriram City Union Finance Limited,
Counsel for the Complainant Shri Mahesh Manikrao Mohod
Legal Assistant and duly authorized
and constituted Attorney
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5. SOLEMN AFFIRMATION
I, Mahesh son of Manikrao Mohod, aged about 28 years,
Occupation : Service, resident of Nagpur, do hereby take oath and state
on solemn affirmation as under :
[a] That, I am the legal assistant of the complainant Company at its
Nagpur Branch.
[b] That the complainant Company herein has duly executed a power
of attorney / authorisation in my favour and by virtue of the same, I,
being the duly authorized and constituted attorney of the complainant
Company herein am able, competent and authorised to depose to the
facts of this Case.
[c] I say that, what is stated in paragraphs 1 to 12 of the above
complaint is true and correct as per the information derived by me from
the relevant record of the complainant Company and believed to be true
and correct by me. Hence, verified and signed at Nagpur on this ___ day
of _____, 2011.
I know and identify the deponent,
who has signed in my presence.
Deponent
(Sumeet P. Bodalkar)
Advocate
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6. LIST OF WITNESSES PROPOSED TO BE EXAMINED BY THE
COMPLAINANT
1. Bankers of the complainant with relevant records.
2. Bankers of the Accused with relevant records.
3. The Postal Department through, competent person
4. The complainant himself
5. The counsel issuing the demand notice
6. Any other witnesses or witnesses with the
permission of this Honorable Court.
C. F. Complainant
(Sumeet P. Bodalkar)
Advocate
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7. I am not a member of the Welfare Fund
V A K A L A T N A M A
IN THE COURT OF CHIEF JUDICIAL MAGISTRATE AT
NAGPUR
CRIMINAL COMPLAINT CASE No. ____________ Of 2011
M/S.SHRIRAM CITY UNION FINANCE LTD.,
Rep by its GPA Holder & Authorised Signatory
Mr. Mahesh Manikrao Mohod s/o Manikrao Mohod,
Legal Assistant having its Branch Office at
Plot No. 4-A, North Bazar Road, Dharampeth Extention
NAGPUR-440010. - COMPLAINANT
-: VERSUS :-
MR . CHANDRAKISHOR CHANDRASHEKHAR
- ACCUSED
I/we, SHRIRAM CITY UNION FINANCE LTD., Mr. Mahesh Manikrao
Mohod S/o. Manikrao Mohod, Legal Assistant Inhabitant/s, of Nagpur
the Complainant in the said matter hereby appoints:-
SHRI. RAJESH V. SHAH (ADVOCATE)
Mahal Nagpur
SHRI. SUMEET. P. BODALKAR (ADVOCATE)
A-8 Hemnanda Apt. Pande Lay-out, Khamla, Nagpur.
SHRI. RUPESH P. MUNGULE (ADVOCATE)
to appear and act, for us as our Advocate/s in the said matter.
Witness my/our hand/s this_____________day of ______ 2011
Witness
Signature
______________________
_____________________
Accepted:-
Signature of Advocate/s. ______________________
Filed in the Court on /___/2011.
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8. IN THE COURT OF HON’BLE CHIEF JUDICIAL MAGISTRATE, AT
NAGPUR
CRIMINAL COMPLAINT CASE No.___________/2011
COMPLAINANT: - Shriram City Union Finance Ltd.
VERSUS
ACCUSED: - MR . CHANDRAKISHOR CHANDRASHEKHAR
LIST OF DOCUMENTS FILED BY COMPLAINANT
Document Description Of Document Date Of Original/
No. Document Photocopy
1 Duly Notarized Power of Attorney 18.03.2008 Photocopy
executed by the complainant
company in favour of Shri Mahesh
Son of Manikrao Mohod
2 Cheque No.697423 for Rs9314/- 07.09.2011 Photocopy
drawn on Corporation bank.
3 Cheque return memo issued by 10.09.2011 Photocopy
accused Banker
4 Legal Notice 05.10.2011 Photocopy
5 Postal receipt of Notice sent by the 05.10.2011 Photocopy
Complainant Company through
Shri Sumeet P. Bodalkar, Advocate,
to the accused by Registered post
with acknowledgment due
6 Return Envelop 13.09.2011 Photocopy
NAGPUR
DATE ___/__/2011 COUNSEL FOR COMPLAINANT
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