Drafting and Pleading- Complaint under section 138 of Negotiable Instrument Act, 1881






The complainant above named begs to state as under


1.   That  the offence took place at Seminary Hills, Ambazari Road, Nagpur which is within jurisdiction of this Hon’ble Court and hence this Hon’ble Court has jurisdiction to try and decide this complaint.
2.   The Complainant is owner of the property at Hingana, admeasuring about 80000 square ft, and situated within Mauja Sukali, Taluka Hingana, District Nagpur, which is particularly more described in the schedule of sale deed executed with accused.

3.   That the accused, director of FraudCon Builder entered into agreement with the complainant on 13 Junuary 2019. The accused agree to pay Rs 8000000 Rs for consideration to complainant for surrendering forever his all rights, title and interest in the said property

4.   The accused handed over the two cheques. Below are the details of the cheques
a.   Cheque No-12346, Amount:5000000,HDFC Bank
b.   Cheque No-46577,Amount:3000000, ICICI Bank
The Cheque No-46577 was presented by complainant to the banker for realization on 30th January, 2019 was not realized and returned to complainant by his banker stating the reason thereof in their Cheque return Memo dated 15 February 2019 that “Exceed Arrangements”

5.   That the accused had failed to make a payment as per agreement executed and hence intentionally issued a cheque to the complainant without having sufficient funds in his bank account.

6.   That the accused has never an intention to fulfil his obligation under the present contract and with dishonest intention to cause wrongful loss to the complainant. Therefore the accused had committed an offence u/s 138 of Negotiable Instruments Act, 1881.

7.   That thereafter this complainant sent a legal notice dated 3 March 2019, by DTDC courier with Transfer Id: 56485656, which was duly received by accused  vide acknowledgment receipt number 456478TX

8.   That the accused even after receiving the said notice not cared to reply the same nor arranged for payment of the amount mentioned in the cheque.

9.   That this complaint is well within the limitation and hence maintainable and triable by this Hon’ble Court.

10.                     That there is no other complaint or Civil suit pending in any court of Law in India in respect of the same cause of action





11.                     It is therefore prayed that
1)   That the accused shall be dealt with the provisions of law and be punished under section 138 of Negotiable Instruments Act, 1881
2)   The accused be ordered to pay, amount and interest of 12% for delay of the payment
3)   Any other just and equitable order as deemed fit by this Hon’ble court in the interest of justice.

SD/
Complainant
 
Nagpur
Date: 26-9-2019

VERIFICATION


I Mr______________________ Age, Occ, Residing At, the above named complainant, do hereby state on affirmation that the contents of the above are true and correct to the best of my knowledge, information and belief. Hence in witness whereof, I have signed below on 30-9-2019 at Nagpur,
                                                                                         Sd/
                                                                                Complainant

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