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IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE, TIS HAZARI COURTS, DELHI Criminal Complaint No._____/ IN THE MATTER OF:- VISHAL KHANNA …COMPLAINANT VERSUS VIKAS THAKUR …ACCUSED PS – RAJINDER NAGAR MEMO OF PARTIES
1. VISHAL KHANNA S/O Sh. MOHAN LAL KHANNA R/O 21/3, 3rdFLOOR, OLD RAJENDER NAGAR, DELHI- 110060 ……COMPLAINANT **VRSUS
- VIKAS THAKUR** S/O RAVINDER THAKUR R/O A-68, GALI No.5, JAIN NAGAR, ROHINI, DELHI- 110081 ALSO AT : E-92, SHASTRI NAGAR, PNB WALI GALI, 3 RD^ FLOOR, DELHI ……ACCUSED PLACE : DELHI COMPLAINANT DATED: THROUGH PRIYARANJAN KUMAR (ADVOCATE) _OFFICE:KANOONI RASTA
- Justice for All 103/2, St.No.5, Chandu Park, Krishna Nagar, Delhi- 110051 Mob-99714173705 & 9582095160_
IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE, TIS HAZARI COURTS, DELHI Criminal Complaint No._____/ IN THE MATTER OF:- VISHAL KHANNA …COMPLAINANT VERSUS VIKAS THAKUR …ACCUSED PS – RAJENDER NAGAR INDEX S.NO. PARTICULARS PAGE NO.
- MEMO OF PARTIES
- COMPLAINT CASE U/S 138 N.I. ACT, 1881
- LIST OF WITNESS
- LIST OF RELIANCE
- LIST OF DOCUMENTS WITH DOCUMENTS
- EVIDENCE FOR PRE-SUMMONIG BY WAY OF AFFIDAVIT.
- VAKALATNAMA PLACE : DELHI COMPLAINANT DATED: THROUGH PRIYARANJAN KUMAR (ADVOCATE) OFFICE:KANOONI RASTA
- Justice for All 103/2, St.No.5, Chandu Park, Krishna Nagar, Delhi- 110051 Mob-99714173705 & 9582095160
etc. under the name and style as “ Khanna Dairy” at Shop No. T-296, Idgah Road, Filmistan, Delhi.
- That the accused has been carried out a business of readymade garments along with his elder brother Vishal Thakur at monastery, Madhuban Chowk, Pitampura, Delhi.
- That the complainant was introduced with the accused by the elder brother of the accused namely Vishal Thakur in the year 2003. The complainant had good and family relations with Vishal Thakur, the elder brother of the accused as both the complainant and Vishal Thakur had their studies together in the college from 2003 to 2006 in Khalsa College, Dev Nagar, Delhi.
- That the families of the complainant and the accused were very close to each other as both the families used to meet with each other on the eve of festivals, birthday parties and marriages. Sometimes, complainant used to help and support financially being a good friend of both the accused and his elder brother Vishal Thakur.
- That the accused borrowed money from the complainant on different occasions and the complainant supported financially to the accused being a good friend of his elder brother namely Vishal
Thakur. The accused also returned the borrowed money to the complainant whenever the complainant raised the demand of his money and it is evident from the account of the complainant.
- That the accused contacted the complainant in the last week of September 2017 and asked for a friendly loan of Rs.5,00,000/- (Rupees Five Lakh only ) for the purpose of construction of his house. The complainant was aware of the conduct and behavior of the accused since 2003 so the complainant had no doubt to grant him a friendly loan of the aforesaid amount. The complainant assured the accused that the complainant had only Rs.10,000/- (Rupees Ten Thousand only) cash in his home.
- That the complainant withdraw cash of Rs.4,90,000/- (Rs. Four Lakh and Ninety Thousand only) from his bank account on 05.10.2017 and by adding Rs.10,000/- (Rs. Ten Thousand only) cash from his home, handed over Rs.5,00,000/- (Rs. Five Lakh only) to the accused at his home in the presence of his elder brother namely Vishal Thakur.
- That the accused in November 2018 , demanded Rs.30,000/- (Rupees Thirty Thousand only) again for the work of electricity fitting in his newly constructed house. The complainant further handed over the cash amount of Rs. 30,000/- (Rs. Thirty Thousand only) to the accused from his personal savings.
- That accused further assured the complainant that these cheques will be honoured on presentation at its due date subject to the condition that the said cheques may not be presented for encashment until he arranges to deposite requisite fund in his bank account and confirmed to do so. Thereafter he kept making execuse that his mother recently retired from government job and retirement award/money yet to be came and giving such false assurance to present the said cheques. On 10 th^ February of 2019 he confirmed to the complainant to present the said cheques with assurance that the said cheques will now be honoured.
- That based on the assurance given by the accused, the complainant presented the above said cheques through his banker Punjab National Bank, Branch at Rajinder Nagar, Delhi for encashment but the same was returned as dishonored with remark “FUND INSUFFICIENT” & “DRAWER SIGN DIFFERS” vide returning memos dated on 12- 02 - 2019. Descriptions are below: S.No. Cheque No. Returning Memo Date Amount Remarks
- 196104 12 - 02 - 2019 Rs.5,15,000/- Fund insufficient
- 196103 12 - 02 - 2019 Rs.15,000/- Drawer Sign Differs
- That the complainant informed the accused, the fate of dishonour of above said cheques bearing No.196104 & 196103 and requested him to clear the
liability but the accused paid deaf ears and flaty refused to pay the above mentioned friendly loan amount of Rs.5,30,000/- therefore finding no other option and after considering the conduct of the accused, the complaint under compelling circumstances sent a Legal Notice dated 26.02. through his lawyer to the accused, which was dully served upon the accused as per internet generated trackings, whereby the accused was called upon to make the payment of aforesaid cheques amount within 15 days from the receipt of legal notice dated 26.02.2019. (The copy of legal notice is annexed as ANNEXURE-A (colly) ). (The original speed post receipts is annexed as ANNEXURE-B (colly) )
- That the complainant had tracked the legal notices which were sent on 26/02/2019 through speed post, hence the notices were delivered to the both addresses on 27/02/2019. ( the copy of speed post track is annexed as ANNEXURE-C & D )
- That the accused has knowledge of his dishnore of the cheque, who has not come forward to pay even a single penny to the complainant till date, even after receiving of legal notice dated 26.02.2019 addressed to him at his both residence address mentioned hereinabove in the memo parties.
- That the accused has deliberately, intentionally and with fraudulent and malicious designs intended to cause wrongful loss to the complainant by issuing the aforesaid two cheques and promising its realization, which has been returned by the banker of the accused as dishonour for insufficient funds and drawer sign differ, thus the accused due to his aforesaid illegal act
(i) Summon the accused person, and punish himunder section 138/ 142 of Negotiable Instruments Act 1881; and be given the punishment of imprisonment as well as penalty of an amount equivalent to double the amount of cheques in question; (ii) It is also prayed that the accused may kindly be granted to pay compensation to the complaint for physical and mental harassment, in the interest of justice. (iii) Allow the cost of complaint & litigation expenses in favour of the complainant; and (iv) Pass any other or further order(s) as this Hon’ble Court may deem fit and proper in favour of the complainant & against the above said accused persons, in the interest of justice. It is prayed accordingly please. PLACE : DELHI COMPLAINANT DATED: THROUGH PRIYARANJAN KUMAR (ADVOCATE) OFFICE:KANOONI RASTA
- Justice for All 103/2, St.No.5, Chandu Park, Krishna Nagar, Delhi- 110051 Mob-99714173705 & 9582095160
IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE, TIS HAZARI COURTS, DELHI Criminal Complaint No._____/ IN THE MATTER OF:- VISHAL KHANNA …COMPLAINANT VERSUS VIKAS THAKUR …ACCUSED PS – RAJINDER NAGAR LIST OF WITNESS
- Complainant-himself
- Official/Branch Manager from the branch office PUNJAB NATIONAL BANK, BRANCH AT RAJINDER NAGAR, DELHI, the complaint’s banker with record of his bank account No.0629000100302500 relating to dishonoured cheques in question & returning memo of returned cheques in question.
- Official/Branch Manager from the branch office AXIS BANK LTD. BRANCH AT SHASTRI NAGAR DELHI-110052, the banker of the accused with record of his bank account No.915020050174402 relating to dishonoured cheques in question.
- Official/clerk from Tis HazariCourts Branch Delhi relating to speed posts and delivery thereof.
- Any other witness(es) with the permission of this Hon’ble Court. PLACE : DELHI COMPLAINANT DATED: THROUGH PRIYARANJAN KUMAR (ADVOCATE) _OFFICE:KANOONI RASTA
- Justice for All 103/2, St.No.5, Chandu Park, Krishna Nagar, Delhi- 110051_
IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE, TIS HAZARI COURTS, DELHI Criminal Complaint No._____/ IN THE MATTER OF:- VISHAL KHANNA …COMPLAINANT VERSUS VIKAS THAKUR …ACCUSED PS – RAJINDER NAGAR LIST OF DOCUMENTS ALONG WITH DOCUMENTS (A.) Cheque bearing No.196104 dated 27.11.2018 for an amount of Rs.5,15,000/- drawn on AXIS BANK LTD. BRANCH AT SHASTRI NAGAR DELHI-110052, AS Exh.CW-1/A (B.) Cheque bearing No. 196103 dated 07.12.2018 for an amount of Rs.15,000/- drawn on AXIS BANK LTD. BRANCH AT SHASTRI NAGAR DELHI-110052, AS Exh.CW-1/B (C.) Returning Memos bearing Clearing/Lodgment Date 12- 02 - 2019 as Exh.CW-1/C(colly). (D.) Legal Notice dated 26.02.2019 as Exh.CW-1/D. (E.) Two postal receipts of speed post dated 26 - 02 - 2019 regarding dispatchment of legal notice dated 26- 02 - 2019 as Exh.CW-1/E (Colly). (F.) Two Internet generated tracking service reportof Legal Notice dated 26- 02 - 2019 as Exh.CW-1/F (Colly). (G.) Any other document(s) with the permission of this Hon’ble Court. PLACE : DELHI COMPLAINANT DATED: THROUGH PRIYARANJAN KUMAR (ADVOCATE) OFFICE:KANOONI RASTA
- Justice for All 103/2, St.No.5, Chandu Park, Krishna Nagar, Delhi- 110051 Mob-99714173705 & 9582095160 IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE, TIS HAZARI COURTS, DELHI
Criminal Complaint No._____/ IN THE MATTER OF:- VISHAL KHANNA …COMPLAINANT VERSUS VIKAS THAKUR …ACCUSED PS – RAJINDER NAGAR AFFIDAVIT I, VISHAL KHANNA S/O MOHAN LAL KHANNA R/O 21/3, 3 RD^ FLOOR, OLD RAJINDER NAGR, DELHI- 110060,++++ … do hereby solemnly affirm and declare as under:-
- That the complainant in the above noted case and as well conversant with the facts and circumstances of the case and as such I am competent to swear this affidavit.
- That the accompanying complainant u/s 138 read with section 142 of NI act has been drafted by my counsel under my instruction which is true and correct and may be read as part and parcel of this affidavit as the same is not repeated herein for the sake of brevity. DEPONENT VERIFICATION: It is verified at Delhi on this _______day of ________2019 the contents of the above affidavit are true and correct to the best of my Knowledge and belief and nothing material has been concealed therefrom. DEPONENT
- That the complainant has been carried out a business of sellingdairy products as Milk, Lassi, and Paneer etc. under the name and style as “ Khanna Dairy” at Shop No. T-296, Idgah Road, Filmistan, Delhi.
- That the accused has been carried out a business of readymade garments along with his elder brother Vishal Thakur at monastery, Madhuban Chowk, Pitampura, Delhi.
- That the complainant was introduced with the accused by the elder brother of the accused namely Vishal Thakur in the year 2003. The complainant had good and family relations with Vishal Thakur, the elder brother of the accused as both the complainant and Vishal Thakur had their studies together in the college from 2003 to 2006 in Khalsa College, Dev Nagar, Delhi.
- That the families of the complainant and the accused were very close to each other as both the families used to meet with each other on the eve of festivals, birthday parties and marriages. Sometimes, complainant used to help and support financially being a good friend of both the accused and his elder brother Vishal Thakur.
- That the accused borrowed money from the complainant on different occasions and the complainant supported financially to the accused being a good friend of his elder brother namely Vishal
Thakur. The accused also returned the borrowed money to the complainant whenever the complainant raised the demand of his money and it is evident from the account of the complainant.
- That the accused contacted the complainant in the last week of September 2017 and asked for a friendly loan of Rs.5,00,000/- (Rupees Five Lakh only ) for the purpose of construction of his house. The complainant was aware of the conduct and behavior of the accused since 2003 so the complainant had no doubt to grant him a friendly loan of the aforesaid amount. The complainant assured the accused that the complainant had only Rs.10,000/- (Rupees Ten Thousand only) cash in his home.
- That the complainant withdraw cash of Rs.4,90,000/- (Rs. Four Lakh and Ninety Thousand only) from his bank account on 05.10.2017 and by adding Rs.10,000/- (Rs. Ten Thousand only) cash from his home, handed over Rs.5,00,000/- (Rs. Five Lakh only) to the accused at his home in the presence of his elder brother namely Vishal Thakur.
- That the accused in November 2018, demanded Rs.30,000/- (Rupees Thirty Thousand only) again for the work of electricity fitting in his newly constructed house. The complainant further handed over the cash amount of Rs. 30,000/- (Rs. Thirty Thousand only) to the accused from his personal savings.
- That accused further assured the complainant that these cheques will be honoured on presentation at its due date subject to the condition that the said cheques may not be presented for encashment until he arranges to deposite requisite fund in his bank account and confirmed to do so. Thereafter he kept making execuse that his mother recently retired from government job and retirement award/money yet to be came and giving such false assurance to present the said cheques. On 10 th^ February of 2019 he confirmed to the complainant to present the said cheques with assurance that the said cheques will now be honoured.
- That based on the assurance given by the accused, the complainant presented the above said cheques through his banker Punjab National Bank, Branch at Rajinder Nagar, Delhi for encashment but the same was returned as dishonored with remark “FUND INSUFFICIENT” & “DRAWER SIGN DIFFERS” vide returning memos dated on 12 - 02 - 2019. Descriptions are below: S.No. Cheque No. Returning Memo Date Amount Remarks
- 196104 12 - 02 - 2019 Rs.5,15,000/- Fund insufficient
- 196103 12 - 02 - 2019 Rs.15,000/- Drawer Sign Differs
- That the complainant informed the accused, the fate of dishonour of above saidcheques bearing No.196104 & 196103 and requested him to clear the liability but the
accused paid deaf ears and flaty refused to pay the above mentioned friendly loan amount of Rs.5,30,000/- therefore finding no other option and after considering the conduct of the accused, the complaint under compelling circumstances sent a Legal Notice dated 26.02.2019 through his lawyer to the accused, which was dully served upon the accused as per internet generated trackings, whereby the accused was called upon to make the payment of aforesaid cheques amount within 15 days from the receipt of legal notice dated 26.02.2019. (The copy of legal notice is annexed as ANNEXURE-A (colly) ). (The original speed post receipts is annexed as ANNEXURE-B (colly) )
- That the complainant had tracked the legal notices which were sent on 26/02/2019 through speed post, hence the notices were delivered to the both addresses on 27/02/2019. ( the copy of speed post track is annexed as ANNEXURE-C & D )
- That the accused has knowledge of his dishnore of the cheque, who has not come forward to pay even a single penny to the complainant till date, even after receiving of legal notice dated 26.02.2019 addressed to him at his both residence address mentioned hereinabove in the memo parties.
- That the accused has deliberately, intentionally and with fraudulent and malicious designs intended to cause wrongful loss to the complainant by issuing the aforesaid two cheques and promising its realization, which has been returned by the banker of the accused as dishonour for insufficient funds and drawer sign differ, thus the accused due to his aforesaid illegal act
