138 Complainant

IN THE COURT OF THE III ADDL. CIVIL JUDGE (JR.DIV.
)
C. No. /2010
Between,
- Complainant
And
- Accused
COMPLAINT UNDER SECTION 2(D) r/w 200 of Cr. P.C. FOR

THE OFFENCE PUNISHABLE UNDER SECTION 138 OF THE
NEGOTIABLE INSTRUMENTS ACT, 1988 (AS AMENDED).
The complainant named above begs to submit as follows: -
I. That the complainant Which also address of the

complainant for the purpose of service of all notices and processes of
this court.
II. That the accused , Which also address of the

Accused for the purpose of service of all notices and processes of this
court.
III. Subject matter of the complaint :
1. That the complainant knows the accused for the last several
years and they are in good terms. The accused is running a
stock and share business in the name and style of That
the accused herein had approached the
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complainant on 29-09-2009 and requested him to make

financial assistance for a sum of Rs. 1,00,000/- (Rupees One
Lakh Only) for his business purpose and promised him that he
will repay the said amount within 3 months. Believing the
words of the accused in good faith the complainant had given
Sum of Rs. 1,00,000/- (Rupees One Lakh Only). But the
accused could not return the said amount as he promised. The
complainant made several requests with a accused to return
the said amount. Finally it is on 27-04-2010 in discharge of the
said debt the accused had issued cheque of Rs. 1,00,000/-
bearing of IDBI Bank, Udupi Branch, Udupi Taluk dated 27-
04-2010. The cheque issued by the accused is produced along
with this complaint and same may be read as part of this
complaint. At the time of issuing the cheque the accused
promised the complainant that he will maintain sufficient funds
in his account and will honour the cheque unconditionally.
2. That when however the complainant by believing the words of

the accused, presented the said cheque for collection through
his banker Union Bank of India and the same was returned to
the complainant with memorandum of cheque unpaid from the
drawee bank for the reasons “Insufficient Funds”. The
endorsement issued by the IDBI Bank, Udupi is produced along
with this complaint and same may be read as part of this
complaint.
3. That the complainant got issued a Lawyer’s registered legal

notice dated 05-05-2010 to the accused calling upon him to
pay the said loan amount of Rs. 1,00,000/- (Rupees One Lakh
Only) within 15 days of the receipt of the said notice through
R.P.A.D. to the last known address of the accused. The receipt
for having sent the notice through R.P.A.D is produced along
with this complaint. But the notice sent through RPAD was
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return to the complainant with endorsement ‘not claimed’.

The accused knowing very well that the complainant had sent
the said notice he refused to receive the same. But the accused
failed to make payment of a cheque amount to the complainant
till today. Hence this complaint.
4. That the accused thereby has committed offence under section

138, Negotiable Instruments Act, 1988 (as amended).
5. That the complaint is filed with in the time limit stipulated
under section, 142, Negotiable Instruments Act, (as
amended).
6. That the accused had committed the said offence within the
jurisdiction of this court.
7. The court may be pleased to take the complaint on its file and
the accused may be dealt with in accordance with the provision
of law.
III. Therefore, the complainant prays that this Hon’ble court may
be pleased to take the complaint on file and after trial the
accused may be punished in accordance with law. It is also
further prayed that this Hon’ble court may be pleased to order
for the payment of compensation out of fine amount under
section 357, Cr. P.C. to the complainant in the ends of justice
and equity.
Place :
Date : 1 Complainant Advocate for Complainant
THE LIST OF DOCUMENTS PRODUCED :
1. 27-04-2010 : The cheque bearing No. 20011 drawn on

IDBI Bank, Udupi Branch.
2. 28-04-2010 : Memo issued by the IDBI Bank, Udupi.
…4,
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3. 05-05-2010 : Office copy of the legal notice.
4. 05-05-2010 : Postal Receipt for having sent the legal

notice through R.P.A.D.
5. 15-05-2010 : Unclaimed postal cover

Place : Udupi
Date : 10-06-2010 Complainant Advocate for Complainant
THE LIST OF WITNESSES :
1. Manager,
IDBI Bank,
Udupi
2. Manager,
Union Bank of India,
Place :
Date
Complainant Advocate for Complainant

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IN THE COURT OF THE III ADDL. CIVIL JUDGE (JR.DIV.

COMPLAINT UNDER SECTION 2(D) r/w 200 of Cr. P.C. FOR

The complainant named above begs to submit as follows: -

I. That the complainant Which also address of the

II. That the accused , Which also address of the

III. Subject matter of the complaint :

complainant on 29-09-2009 and requested him to make

2. That when however the complainant by believing the words of

3. That the complainant got issued a Lawyer’s registered legal

return to the complainant with endorsement ‘not claimed’.

4. That the accused thereby has committed offence under section

THE LIST OF DOCUMENTS PRODUCED :

1. 27-04-2010 : The cheque bearing No. 20011 drawn on

3. 05-05-2010 : Office copy of the legal notice.

4. 05-05-2010 : Postal Receipt for having sent the legal

5. 15-05-2010 : Unclaimed postal cover

THE LIST OF WITNESSES :

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