IN THE COURT OF METROPOLITAN MAGISTRATE, PATIALA HOUSE

COURTS, NEW DELHI-110001

Criminal complaint no. Of 2017

IN THE MATTER OF:-

MD. JAMAL KHAN …COMPLAINANT

VERSUS

PRAMOD CHAUHAN & OTHERS …ACCUSED

COMPLAINAT UNDER SECTION 138/141/142 OF THE NEGOTIABLE

INSTRUMENT ACT & ALSO READ WITH 420 OF IPC

RESPECTFULLY SHOWETH

1. That the complainant is a law abiding citizen & had very friendly

relations with the accused persons.

2. That the accused portrayed to the society to be reputed builders

but, in reality they are cheater and their business is to cheat and

commit fraud with people. That the complainant and accused

persons know each other from many years.

3. That in the month of May 2016 the accused persons approached

the complainant and asked for a friendly loan for a sum of Rs

8,00,000/-. The accused persons informed the complainant that

they need this amount in urgency to initiate construction site with

 some construction business as the accused persons had just

suffered some financial crises but, at that time the complainant

could not help the accused persons & could not arrange the money

as he was himself suffering from financial crisis.

4. That in the month of June 2016 the accused persons again

approached the complainant for the same amount & the

complainant told the accused that he cannot arrange such huge

amount, the accused started weeping & said arrange any amount &

the rest we will arrange from somewhere else seeing their condition

the complainant took a help, for the accused persons & took a loan

from his friends & relatives and gave the accused persons a sum of

Rs 4,00,000/- on 25 June 2016 and the accused persons assured

the complainant to return the full amount latest by 1st September

2016.

5. That on 1st September 2016 the complainant approached to Mr.

Pramod kumar for the return of the Loan amount to which the

accused requested for extension of time for the repayment of the

Loan amount. The complainant as per the accused convenience

gave the accused an extension of 3-4 months for the repayment of

the Loan amount.

6. That in the month of January 2017 Mr. Pramod kumar met the

complainant and told him that his wife is in serious condition &

she is hospitalized & he is running short of money for her

treatment & instead of repaying the loan amount the accused again
 asked for Rs.1,00,000/- for which the complainant denied as he

was himself running short of money.

7. That the accused on the pretext of his wife requested for some more

extension of time to make the said payment. That the complainant

objected to further extension of the time period for repayment of the

said Loan amount as the complainant has to return the said Loan

amount to his friends & relatives from whom the complainant had

borrowed the same amount.

8. That the accused persons tried to persuade the complainant and

prevail upon him to extend the time with a reason that the accused

persons presented themselves to be reputed builders and they

requires a time period of at least 3-4 months to clear the said Loan

amount. That the complainant after lot of requests agreed to extend

the time period for the repayment of the Loan amount with a

condition that no further extension will be granted to the accused

persons & latest by April, 2017 all amount must be paid.

9. That in the month of May 2017 complainant tried to approach the

accused persons but Mr. Pramod told the complainant to meet Mr.

Azam & started making various frivolous excuses and even ignored

the complainant instead of giving many reminders to the accused

persons.

10. That finally in the month of June 2017 the accused persons met

the complainant and told the complainant that we are running a

company in which me i.e. Mr. Pramod & Mr. Azam are the directors
 & handed over to the complainant a post dated cheque bearing no.

076680 dated 01/07/2017 of their company account drawn on

ICICI bank Jasola Vihar Branch 12A, 14 & 15, splendor forum,

Jasola district centre, New Delhi-25 for a sum of Rs 4,00,000/-

towards Loan amount and both of them had given assurance to the

complainant that the said cheque will be honoured on the

presentation on the date mentioned on the cheque.(the original

cheque is being annexed as ANNEXURE-1)

11. That when the complainant asked the accused persons a day

before dropping a cheque in his account the accused persons again

made false promise & took a time of 1 month.

12. That the complainant in pursuance to said assurances of the

accused persons drop the aforesaid cheque in his bank account i.e.

UCO bank, Patiala house, New Delhi for encashment on

19/08/2017. (the original cheque deposit receipt is being annexed

as ANNEXURE-2)

13. That to the utter surprise of the complainant the said cheque was

dishonoured by the banker with the remarks “Account closed” and

the complainant came to know about the said dishonour on

22/08/2017 through the complainant Banker return memo report

“Account Closed”. (the original return memo is being annexed as

ANNEXURE-3)

14. That thereafter the complainant had sent a legal notice to both

the accused dated 28/08/2017 on 30/08/2017 through his

 counsel & demanded for the payment of the cheque amount within

the time mention in the notice.(the copy of legal notice is annexed

as ANNEXURE-4).( The original speed post receipts is annexed as

ANNEXURE-5)

15. That the complainant had tracked the legal notices which were sent

on 30/08/2017 through speed post, hence the notices were

delivered to both the addresses on 01/09/2017. ( the copy of speed

post track is annexed as ANNEXURE-6A, 6B)

16. That despite of the service of the legal notice of demand, the said

accused failed to pay the cheque amount of Rs.4,00,000/- in

question within 15 days from receipt of the legal notice of demand.

Even till filing of the present complaint the cheque amount has still

not been paid by the above said accused persons & therefore the

accused has committed an offence under section 138 & 141 of the

negotiable instrument act 1881(as amended) & as such is liable to

be tried & prosecuted for the said offence.

17. That due to the accused unjustified acts & conducts, complainant

has suffered tremendous embarrassment, mental agony & physical

harassment.

18. That from the aforesaid conduct of accused persons it becomes

crystal clear that the accused persons with their malafide intention

have cheated the complainant. The aforesaid omissions and

commission on the part of accused persons with respect to the

issuance of cheque has rendered the accused persons liable to be

 prosecuted under section 420 of IPC along with section 138/141 of

Negotiable Instruments Act.

19. That the conduct of accused persons shows that the accused has

been dishonest intention and has deliberate caused wrongful loss

to the complainant and wrongful gain to themselves.

20. That the complaint has been filed within the period of limitation as

prescribed by the Hon’ble Supreme Court.

21. That the amount of the cheque was payable on demand by the

accused persons to the complainant at New Delhi, as the bank of

the complainant is situated in New Delhi. The information

regarding dishonouring of cheque came to the complainant at New

Delhi, therefore, this Hon’ble Court has jurisdiction to entertain the

present complaint and to take cognizance of the offence.

PRAYER

In view of the above mentioned facts and circumstances, it

is most respectfully prayed that this Hon’ble Court may be
pleased to:-

(i) Summon the accused persons, and punish them under section

138/141/142 of Negotiable Instruments Act 1881 and under

420 of IPC; and be given the punishment of imprisonment as

well as penalty of an amount equivalent to double the amount of

cheque in question;

(ii) Allow the cost of complaint & litigation expenses in favour of the

complainant; and
 (iii) 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.

PLACE : NEW DELHI COMPLAINANT

DATED:

THROUGH
Asghar khan & associates
Advocates
Ch.no.498, Patiala house courts
Mob: 9811045583
IN THE COURT OF METROPOLITAN MAGISTRATE, PATIALA HOUSE
COURTS, NEW DELHI-110001

Criminal complaint no. Of 2017

IN THE MATTER OF:-

MD. JAMAL KHAN …COMPLAINANT

VERSUS

PRAMOD CHAUHAN & OTHERS …ACCUSED

P.S. TILAK MARG

INDEX

Serial Particulars Page no.

no.

1. MEMO OF PARTIES

2. LIST OF DATES & EVENTS

3. COMPLAINT U/S 138/141/142 OF N.I. ACT

4. LIST OF DOCUMENTS ALONGWITH DOCUMENTS

5. LIST OF WITNESSES

6. PRE-SUMMONING EVIDENCE BY WAY OF

AFFIDAVIT

7. VAKALATNAMA

PLACE: NEW DELHI COMPLAINANT

DATED:

THROUGH
Asghar khan & associates
Advocates
Ch.no.498, Patiala house courts
IN THE COURT OF METROPOLITAN MAGISTRATE, PATIALA HOUSE
COURTS, NEW DELHI-110001

Criminal complaint no. Of 2017

MEMO OF PARTIES

IN THE MATTER OF:-

MD. JAMAL KHAN

S/O MR. JAVED KHAN

R/O B-11, 3RD FLOOR BHASKAR COMPOUND,

ABUL FAZAL ENCLAVE, OKHLA

NEW DELHI-01 …COMPLAINANT

VERSUS

MR.PRAMOD KUMAR
S/O SHRI MAHENDER SINGH
R/O H.NO.326, CHAUHAN MAUHALA,
MADANPUR KHADAR, SARITA VIHAR
NEW DELHI-110076

MR. AZAM
S/O AHMED
R/O B-126, 1ST FLOOR,
NEXT TO YAMEEN FURNITURE HOUSE,
THOKAR NO. 7. ABUL FAZAL ENCLAVE,
JAMIA NAGAR , OKHLA,
NEW DELHI-25. …ACCUSED

P.S.TILAK MARG

PLACE: NEW DELHI COMPLAINANT

DATED:

THROUGH
Asghar khan & associates
Advocates
Ch.no.498, Patiala house courts
Mob.9811045583
IN THE COURT OF METROPOLITAN MAGISTRATE, PATIALA HOUSE
COURTS, NEW DELHI-110001

Criminal complaint no. Of 2017

IN THE MATTER OF:-

MD. JAMAL KHAN …COMPLAINANT

VERSUS

PRAMOD CHAUHAN & OTHERS …ACCUSED

P.S. TILAK MARG

List of dates & events

Dates Events

19/08/17 Cheques no.076680 dropped in complainant account

22/08/17 Return memo of aforesaid cheque with endorsement “account

closed”

30/08/17 Legal notice send to both the accused

01/09/17 Legal notice delivered

Date of filing the complaint

PLACE: NEW DELHI COMPLAINANT

DATED:

THROUGH
Asghar khan & associates
Advocates
Ch.no.498, Patiala house courts
Mob.9811045583
IN THE COURT OF METROPOLITAN MAGISTRATE, PATIALA HOUSE
COURTS, NEW DELHI-110001

Criminal complaint no. Of 2017

IN THE MATTER OF:-

MD. JAMAL KHAN …COMPLAINANT

VERSUS

PRAMOD CHAUHAN & OTHERS …ACCUSED

P.S. TILAK MARG

LIST OF DOCUMENTS

1. Original Cheque
2. Cheque receipt
3. Original Return Memo
4. Copy of Legal Notice
5. Postal Receipts
6. Legal notice delivery report
7. Any other documents if necessary, with the permission of the court

PLACE: NEW DELHI COMPLAINANT

DATED:

THROUGH
Asghar khan & associates
Advocates
Ch.no.498, Patiala house courts
Mob.9811045583
IN THE COURT OF METROPOLITAN MAGISTRATE, PATIALA HOUSE
COURTS, NEW DELHI-110001

Criminal complaint no. Of 2017

IN THE MATTER OF:-

MD. JAMAL KHAN …COMPLAINANT

VERSUS

PRAMOD CHAUHAN & OTHERS …ACCUSED

P.S. TILAK MARG

LIST OF WITNESS

1. The complainant.
2. Manager/Record Clerk of the bank of the accused.
3. Manager/Record Clerk of the bank of the complainant.
4. Post master with record of speed post of legal notice dated 30/08/2017.
5. Any other witness(s) with the permission of this Hon’ble Court.

PLACE: NEW DELHI COMPLAINANT

DATED:

THROUGH
Asghar khan & associates
Advocates
Ch.no.498, Patiala house courts
Mob.9811045583
IN THE COURT OF METROPOLITAN MAGISTRATE, PATIALA HOUSE
COURTS, NEW DELHI-110001

Criminal complaint no. of 2017

IN THE MATTER OF:-

MD. JAMAL KHAN …COMPLAINANT

VERSUS

PRAMOD CHAUHAN & OTHERS …ACCUSED

P.S.TILAK MARG

PRE-SUMMONING EVIDENCE BY WAY OF AFFIDAVIT

I, MD.Jamal khan s/o Javed khan aged about 26 years r/o b-11, 3rd
floor bhaskar compound, abul fazal enclave, Okhla, ND-25, do hereby
solemnly affirm & declare as under.

1. That I am the complainant in the present case & as such I am well

conversant with the facts of the case, hence competent to swear
this affidavit.

2. I say that the accused persons approached me in the month of

May 2016 & asked for a friendly loan for a sum of Rs. 8,00,000/-.
And informed me that they need this amount in urgency to initiate
construction site with some construction business as they have
just suffered some financial crisis, but I could not arrange such
huge amount at that time.

3. I say that again in the month of june 2016 accused persons

approached me & asked me to arrange any amount, I could not
afford to give a friendly loan of such a huge amount, but I tried to
arrange for the same. However, with the help of friends & relatives I
could only arrange Rs.4,00,000/- & gave the same in cash to the
accused persons & they assured me to return the full amount
latest by 1st September 2016.
4. I say that on 1st September I approached to Mr. Pramod kumar for
the return of the Loan amount to which the accused requested for
extension of time for the repayment of the Loan amount. The
complainant as per the accused convenience gave the accused an
extension of 3-4 months for the repayment of the Loan amount.

5. I say that in the month of January 2017 Mr. Pramod kumar met
the complainant and told him that his wife is in serious condition &
she is hospitalized & he is running short of money for her
treatment & instead of repaying the loan amount the accused again
asked for Rs.1,00,000/- for which the complainant denied as he
was himself running short of money.

6. I say that the accused persons tried to persuade the complainant

and prevail upon him to extend the time with a reason that the
accused persons presented themselves to be reputed builders and
they requires a time period of at least 3-4 months to clear the said
Loan amount. That the complainant after lot of requests agreed to
extend the time period for the repayment of the Loan amount with
a condition that no further extension will be granted to the accused
persons & latest by April, 2017 all amount must be paid.

7. I say that the accused persons tried to linger the loan amount on
one & another pretext, moreover started avoiding the complainant.

8. I say that finally in the month of June 2017 the accused persons
met the complainant and told the complainant that we are running
a company in which me i.e. Mr. Pramod & Mr. Azam are the
directors & handed over to the complainant a post dated cheque
bearing no. 076680 dated 01/07/2017 of their company account
drawn on ICICI bank Jasola Vihar Branch 12A, 14 & 15, splendor
forum, Jasola district centre, New Delhi-25 for a sum of Rs
4,00,000/- towards Loan amount and both of them had given
assurance to the complainant that the said cheque will be
honoured on the presentation on the date mentioned on the
cheque.(the original cheque is being annexed as EX-CW1/1)
9. I say that the accused persons after giving the cheque again took a
time of approx 1 month, the complainant believing the accused
gave time and drop the above said cheque to his bank approx after
1 month. (The original cheque deposit receipt is being annexed as
EX-CW1/2)

10. I say that to the utter surprise of the complainant the said
cheque was dishonoured by the banker with the remarks “Account
closed” and the complainant came to know about the said
dishonour on 22/08/2017 through the complainant Banker return
memo report “Account Closed”. (the original return memo is being
annexed as EX-CW1/3)

11. I say that thereafter the complainant had sent a legal notice
to both the accused dated 28/08/2017 on 30/08/2017 through his
counsel & demanded for the payment of the cheque amount within
the time mention in the notice.(the copy of legal notice is annexed
as EX-CW1/4).( The original speed post receipts is annexed as EX-
CW1/5)

12. I say that the complainant had tracked the legal notices
which were sent on 30/08/2017 through speed post , hence the
notices were delivered to both the addresses on 01/09/2017. ( the
copy of speed post track is annexed as EX-CW1/6A, CW1/6B)

13. I say that despite of the service of the legal notice of demand,
the said accused failed to pay the cheque amount of Rs.4,00,000/-
in question within 15 days from receipt of the legal notice of
demand. Even till filing of the present complaint the cheque
amount has still not been paid by the above said accused persons
& therefore the accused has committed an offence under section
138 & 141 of the negotiable instrument act 1881(as amended) & as
such is liable to be tried & prosecuted for the said offence.

14. I say that the present complaint has been filled within the
period of limitation as prescribed by the Hon.ble Supreme court.
 15. I say that the amount of cheque which was given by the
accused persons was to be cleared at New Delhi because the
complainant is holding an account at UCO bank Patiala house New
Delhi, & the information regarding the dishonouring of cheque
came to the deponent at New Delhi P.S. Tilak Marg therefore, this
hon’ble court has jurisdiction to entertain the present complainant
& to take the cognizance of the offence.

16. That the appropriate court fee has been affixed by the
complainant.

17. That the present affidavit is exhibited as EX-CW1/7 & the

complaint is exhibited as EX-CW1/8.

DEPONENT

VERIFICATION:

Verified at New Delhi on this ………day of October 2017 that the contents

of above affidavit are true and correct to my knowledge and nothing material has

been concealed there from.

DEPONENT