Ajwani Notice-3

 

IN THE COURT OF ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT BANGALORE. P.C.R.No_______________/2011 C.C. No._______________/2011 Complainant

:      

Sri.Manmohan Singh Gadhok S/o G.S.Gadhok, Aged about 53 years, No.22, 2nd Floor, 5th Main Road,   Jayamahal Extension, Bangalore V/s

Accused

:

Srimati Soni Ajwani D/o Mr.N.H.Ajwani, Aged about 40 years, Maniksmurthy Flats, 301(3rd Floor), Opposite Lakshmi Niwas, 16th Road, Khar West, Mumbai-400052.

COMPLAINANT UNDER SECTION 200 OF THE CODE OF CRIM CR IMIN INAL AL PR PROC OCED EDUR URE E RE READ AD WI WITH TH 13 138 8 OF NE NEGO GOTIA TIABL BLE E INSTRUMENT ACT 1. The The ad addr dres ess s of th the e pa part rtie ies s for for th the e pu purp rpos ose e of iss ssue ue of Co Cour urtt Notices, Summons etc., from this Hon’ble Court are as shown in the cause title. The complainant complainant may also b be e served through his Advoc Advocates ates G.Chandra G.Chandrasheka shekarr Shetty Shetty,, Advoc Advocates, ates, No 10/6 10/6,, Pasha Apartment, 1st Main, Laljinagar, Bangalore – 560 030. 2. Th The e ad addr dres ess s of the acc accus used ed for the pur purpo pose se of issu issue e of Cou Court rt Notice, Summons, Warrants, etc., are as stated in the cause title.

 

3. Th The e co comp mpla lain inan antt su subm bmit its s th that at th the e ac accu cuse sed d ha had d of offe fere red d to organize for 10 airline return tickets for domestic travel as well as

10

airline

Rs.45,000/-

return

(Rupees

Rs..2,50, Rs ,50,0 000/ 0/-( -(Ru Rupe pee es

tickets Forty Two

respectively. The complainant

for

Int nte ernational

Five

Thousand

Lak akh h

Fift Fifty y

travel Only)

Tho hous usan and d

for and

On Only ly))

transferred Rs.45,000/-( Rs.45,000/-(Rupees Rupees

Forty For ty Fiv Five e Tho Thousa usand nd Onl Only) y) on 29th  Ma May y 20 2011 11 from his IC ICIC ICII Bank Ba nk

Ac Acc c

No

62 6252 5201 0105 0508 0888 88

(i (int nter erne nett

ba bank nkin ing g

re refe fere renc nce e

22818029 2281 80296), 6), Rs.50 Rs.50,000 ,000/-(Ru /-(Rupees pees Fifty Thous Thousand and Only) on 6 th  June 2011 his ICICI Bank Acc No 625201050 625201050888 888 (internet banking banki ng refere reference nce 2304 23044419 44191) 1) and Rs.2 Rs.2,00, ,00,000/ 000/-(Rupe -(Rupees es Two Lakhs Only nly) on 7th  Ju June ne fr from om HS HSBC BC Ac Acc c 13 1324 2426 2611 1150 5006 06 (internet banking ref 100 1002211) 2211) to Accused ICICI Ba Bank nk account No 02 02090 090151 15194 9477 77 (Sa (Santa nta Cru Cruz z Bra Branch) nch) and fol follow lowed ed tha thatt up with prov providing iding accused with his trave travell detai details. ls. Despite repeated foll follow ow up up,, th the e co comp mpla lain inan antt di did d no nott re rece ceiv ive e th the e tick ticket ets s as promis pro mised ed by the ac accus cused. ed. Whe When n the com compla plaina inant nt ins insist isted ed on accused accus ed return returning ing the mone money, y, the accu accused sed iss issued ued an acc account ount payee cheque cheque date dated d 30.09 30.09.201 .2011 1 bearing No No.006 .006685 685

draw drawn n on

ICICI Bank Bandra West Branch drawn in favor of my client, for a

su sum m

of

Rs. s.2 2,95 95,0 ,00 00/ 0/-( -(Ru Rup pee ees s

Two

Lak akhs hs

Ni Nin nety ety

Five Five

 Thousand Only) being the totally due from the accused. On presentation of the said cheque by the complainant through his banker Honk Kong and Shanghai Bank Corporation Bank MG road Branch, Bangalore, to the utter surprise of the complainant the above said cheque has been dishonored by accused bank on 04.10.2011 with an Endorsement “Funds Insufficient” and the same was was intim intimated ated to th the e compl complaina ainant nt

throug through h courie courierr mail

which reached the complainant on 6 th Oct 2011.

 

4. Th The e co comp mpla lain inan antt su subm bmit its s th that at im imme medi diat atel ely y afte afterr di disho shono norr of  said cheque the complainant has intimated the accused through  Telephonic Call and further the complainant has requested the accu ac cuse sed d to pa pay y th the e Ch Cheq eque ue am amou ount nt.. Bu Butt th the e ac accu cuse sed d ha has s neglected the request and demand made by the complainant.  The complainant got issued the legal notice to the accused hereon on 03.11.2011 calling upon the accused herein calling upon upo n him to pay the amo amount unt

tow toward ards s the cheq cheque ue wit within hin 15

days from the receipt of the said notice. The notice has been sent to accused through RPAD. The notice send to the Accused was returned as “Unclaimed” on 28.11.2011. The accused has purposefully evaded to receive the legal notice. The accused has fail failed ed to ma make ke pa paym ymen entt wit ithi hin n 15 da day ys from from th the e da date te of  intimation of the said notice. The accused has committed an offence offen ce Under Sec Section tion 138 of N. N.I. I. Act. He has is issued sued the sa said id cheq ch eque ue kn know owin ing g fu full lly y aw awar are e th that at th the e sa said id ch cheq eque ue wi will ll be dishonoured, his intention is to cheat the complainant herein. Hence the accused have committed an offence punishable Under Section 138 of N.I. Act. 5. The comp compla laina inant nt submi submits ts that the comp complai lainan nantt has pre presen sented ted the cheque cheque for enc encash ashmen mentt on 30 30.09.2011 .09.2011 and the same was returned with the shara Exceeds Arrangements” on 04.10.2011.  The complainant has got issued legal notice on 03.11.20 03.11.2011 11 the notice was returned as Unclaimed on 28.11.2011. The accused have ha ve fa fail iled ed to ma make ke th the e pa paym ymen entt wi withi thin n 15 da days ys.. He Henc nce e the above complaint is filed with in one month from the date of  cause of action. Hence the above complaint is in time. 6. The co complai mplainant nant sub submits mits tha thatt cause o off actio action n for the c compla omplaint int arose on 30.09.2011 when the accused failed to comply the legal notice. The complainant is residing at Bangalore and the cheque

 

was

presented

th thrrough

Honk Kong

and

Sh Sha ang ngh hai

Bank

Corpor Cor porati ation on Ban Bank k MG roa road d Bra Branch, nch, Ban Banga galor lore e, which are in Bangalore City within Jurisdiction of this Hon’ble Court. Wher Wh eref efor ore, e, the ab abov ove e na name med d co comp mpla lain inan antt pr pray ays s th that at thi this s Hon’ble Court may be pleased to receive the above complaint take the cognizance of the offence committed by the accused, registered the complaint against the accused under section 138 of Negotiable Instrument Act. and punish the accused in accordance with law, in the interest of justice and equity.

Advocate for the Complainant

Complainant

VERIFICATION  

I, Manmohan Singh Gadhok, the above named complainant,

do hereby declare that what is stated st ated above is true to the best of my  knowledge, belief and information.

Bangalore, Date:

Complainant List of Documents

1.

Cheque bearing No. No.006685 dated 30.09.2011 for a sum of  Rs.2,95,000/-.

2.

Bank E En ndorsement d da ated:04.10.2011

3.

Legal N No otice d da ated 0 03 3.11.2011

4.

The Returned RPAD Cover

WITNESSES 1. The Com Compla plaina inant nt

 

2. Br Bran anch ch Manag Manager er,, Honk Kong and Shanghai Bank Corporation Bank, MG road Branch, Bangalore 3. Br Bran anch ch Mana Manage ger, r, ICICI Bank, Bandra West Branch. Mumbai

Advoca Advo cate te fo forr Co Comp mpla lain inan antt Bangalore. Date:

Co Comp mpla lain inan antt

 

IN THE COURT OF XIII ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT BANGALORE.  P.C.R.No5056/2011 Complainant

:

Moiz.S.Lodhger V/s

Accused

:

Rajashekar Nair

Sworn statement by way of affidavit  

I, Sri.Moiz.S.Lodhger S/o Shaibbir Lodhger, Aged about  

years,

Propr Proprietor ietor ““Simpl Simplex ex Enter Enterprise prises”, s”, No No.152 .152/153 /153,, S.P.R S.P.Road, oad,

Bang Ba ngal alor ore-0 e-02, 2, do he here reby by so sole lemn mnly ly affi affirm rm an and d stat state e on oa oath th as follows:1. I su sub bmi mitt th that at I am th the e com omp plain laina ant in th this is ca cas se and fu full lly  y  conversant conver sant with the fa facts cts of the case. H Hence, ence, I am swe swearing aring to this affidavit. 2. I submit tha thatt I am doing a busi business ness in sel selling ling of bo bolts, lts, nuts an and d screws etc.,. The accused is one of the customer, who used to purchase bolts, nuts, screws of different sizes from me by raising Invo In voic ices es.. On 22 22.0 .06. 6.20 2010 10 the ac accu cuse sed d ha has s pu purc rcha hase sed d bo bolt lts, s, scre sc rews ws an and d nu nuts ts of di diff ffer erent ent si size zes s by ra rais isin ing g Cr Cred edit it In Invo voic ice e bearing No.5126 for a total sum of Rs.44,100/- including VAT  and the accused has also further purchased bolts, screws and nuts once again on 11.08.2010 for a sum of Rs.46,620/- raising Cred Cr edit it In Invo voic ice e be bear arin ing g No No.5 .52 268 68.. To Towa ward rds s pa paym ymen entt of sa said id transa tra nsacti ctions ons the acc accuse used d has iss issued ued two che cheque ques s (i) che cheque que bearing No.008141 dated 15.07.2010 for a sum of Rs.44,100/(ii) Cheque bearing No.009882 dated 23.08.2010 for a sum of  Rs.46,620/-, drawn on Bank of India, Whitefield Branch, Contd.2

 

-2Bang Ba ngal alor ore. e. As pe perr th the e in inst stru ruct ctio ions ns of th the e ac accu cuse sed d I ha have ve presented the said cheques for encashment on 10.01.2011. Both cheques were dishonoured with shara “Exceed Arrangements” on 11.01.2011.   3. I submi submitt that I have pres presented ented the sa said id cheq cheques ues for enc encashme ashment nt through his banker, ICICI Bank, OTC Road Branch, Bangalore, as per instruction accused. On presentation the said cheques were wer e disho dishonou noured red wit with h the sha shara ra “Exc “Exceed eeds s Arr Arrang angeme ements nts". ". I have ha ve go gott is issu sued ed th the e le lega gall no noti tice ce to th the e ac accu cuse sed d he here reon on on 18.01.2011 calling upon the accused herein calling upon him to pay the amount amount towa towards rds the che cheques ques wi within thin 15 d days ays fr from om the receipt of the said notice. The notice has been sent to accused through RPAD and also through UCP. The notice send to the Accused was duly served on 21.01.2011. The accused has failed to make payment within 15 days from the receipt of the said notice not ice.. The acc accuse used d has com commit mitted ted an off offenc ence e Und Under er Sec Sectio tion n 138 of N.I. Act. He has issued the said cheques knowing fully  aware that the said cheques will be dishonoured, his intention is to ch chea eatt me me.. He Henc nce, e, th the e ac accu cuse sed d ha have ve co comm mmit itte ted d an of offe fenc nce e punishable Under Section 138 of N.I. Act. 4. I s sub ubmi mits ts  the notice sent to the Accused through RPAD was duly  served on 21.01.2011. The accused has failed to make payment within 15 days from the receipt of the said notice. After service of  the notice the accused neither paid any amount towards the cheques and nor replied. 5. I submi submitt that I hav have e prese presente nted d the chequ cheques es for enca encashm shment ent on 10.01.2011 10.01.201 1 and the same was returned with the shara Exceeds Contd.3

 

-3Arrangements” on 11.01.2011. 11.01.2011. I have got issued legal notice on 18.01.2011

the

notice

was

served

to

the accused

on

21.0 21 .01. 1.20 2011 11.. Th The e ac accu cuse sed d ha have ve fail failed ed to ma make ke th the e pa paym yment ent within 15 days. Hence, the above complaint is filed with in one month from the date of cause of action. 6. I su sub bmi mitt th that at ca caus use e of ac acti tion on fo forr th the e co com mpla plaint int aro ros se on 06.02.2011 when the accused failed to comply the legal notice though he received the same on 21.01.2011 and the accused are residing at Bangalore and the cheques were issued from Bank Of  Indi In dia, a, Wh Whit ite e Fi Fiel eld d Bran Branch ch,, Ba Bang ngal alor ore e an and d the co comp mpla lain inan antt presented through ICICI Bank, O.T.C Road Branch, Bangalore, Bangalore , which are in Bangalore City within Jurisdiction of this Hon’ble Court. 7. I su subm bmiit th tha at I ha have ve pr prod oduc uced ed the two che cheq que ues s

bea eari ring ng

No.008141, dated on 15.07.2010 for a sum of Rs.44,100/- and cheque bearing no.009882, dated on 23.08.2010 for a sum of  Rs..46,62 Rs 6,620/ 0/-, -,

dr dra awn

on

Ban ank k

of

In Indi dia a,

Wh Whit itef efie ielld

Ro Road ad,,

Bangal Bang alor ore, e, wh whic ich h ma may y be ma mark rked ed as Ex Ex.P .P1 1 an and d P2 P2.. I ha have ve produced the Bank Endorsements two in number, which may be marked as Ex. P3 & P4. I have produced the Office copy of the legal notice which may be marked as Ex. P5. I have produced the Postal Acknowledgem Acknowledgement ent which may be marked as Ex. P6. I have produced proof regarding U.C.P. which may be marked as Ex.P7. 8. I submit tha thatt the accused ha have ve committed committed an off offence ence puni punishabl shable e under Sec under Sec.13 .138 8 of Neg Negoti otiabl able e Ins Instru trumen mentt Act Act.. I hav have e fil filed ed the above abov e peti petition tion to take the cong congnizanc nizance e of the offen offence ce committed by the accused, pass an order to register the complaint against Contd.4

 

-4the accused under section 138 of N.I.Act and section 420 of  I.P.C and punish the accused persons. Hence this hon'ble court may be pleased to take the cognizance of the offence against the accused and issue summons to the accused and punish the accused according to law. I, Moiz.S.Lodhger, the above named deponent do hereby declare that what is stated above is true to the best of my knowledge and belief  Identified by me

Deponent Advocate Bangalore Date:30.04.2011

 

7.

The Complainant submits that the accused no.1 and 2 are the partners of M/s Amulya Projects. The accused no.1 and 2 have purchased the property property from the complainant complainant company company and got the sale dee deed d registered in favour of M/s Amulya Projects on 16.09.06. The accused no.1 and 2 have issued two cheques cheq ues towards towards two sale deeds for a sum of Rs.50, Rs.50,00,00 00,000/0/- each. bearing bearing No.083453, No.083453, dated on 30.10.2006 30.10 .2006 and cheque cheque bear bearing ing no.083454 no.083454,, drawn drawn on UTI BAN BANK K LTD, LTD, Jaya Jayanagar nagaraa IV Block,  No.55/5, 30th  Cr Cross oss,, 13th  Main, Main, Ban Bangal galore ore-11 -11,, drawn drawn in fa favou vourr of compla complaina inant nt tow toward ardss the consideration of the said sale deeds you have issued the said cheques promising complainant that accused accu sed are havin having g sufficie sufficient nt balan balance ce at their their account account and on presenta presentation tion the said cheques will be honoured.

8.

The complainant submits that complainant herein has presented the cheque for encashment through his  banker UNION BANK BANK OF INDIA, Kor Koramangala, amangala, Bangalore Bangalore,, as per your instruction on 22.04.07. The said cheques were returned dishonoured with the shara “FUNDS INSUFFICIENT” on 23.04.07. The complaint got issued the legal notice to the accused hereon on 11.05.2007 calling upon the accused herein calling upon them to to pay the amount towards the cheques wit within hin 15 days from the receipt of  the said notice. The notice send to the Accused No.1 and 2 was duly served on 15.05.2007. The accused have failed to make payment within 15 days from the receipt of the said notice. The accused have committed on

Contd.3

 

-3offence Under Section 138 of N.I. Act. They have issued issued the said cheques knowing fully aware aware that the said cheques will be dishonoured their intention is to cheat the complainant herein. Hence the accused have committed an offence punishable Under Section 138 of N.I. Act.

9.

The complainant submits that the cheques were issued towards the sale transactions and the cheque has been issued for the sale consideration and there is a debt liability on the part of the accused  persons. At the time of issuance of cheque the accused have promised that they have got sufficient fund in their account and on presentation the cheques will be honoured. The accused persons have deliberately failed to arrange the funds with an intention to cheat the complainant there by to cause wrongful loss to the complainant and to have wrongful gain. They have committed an offence under  section 138 of N.I.Act and section 420 of I.P.C.

10.

The complainant submits that the complainant has presented the cheques for encashment on

22.04.2007 22.04 .2007 and the same was returne returned d with the shara INSUF INSUFFIC FICEINT EINT FUNDS FUNDS on 23.04.07. 23.04.07. The compan com pany y has got issued issued legal legal notic noticee on 11.05 11.05.20 .2007 07 the notice notice was served served to

the acc accuse used d on

15.05.2007. The accused have failed to make the payment within within 15 days. Hence the above complaint is filed with in one month from the date of cause of action. Hence the above complaint is in time.