Title PCR Dilip Solanki v Gangamma.docx ✅

IN THE COURT OF THE XVI TH ADDL. CHIEF METROPOLITAN MAGISTRATE: AT BANGALORE P.C.R. No. /2016 BETWEEN:- Sri. Dilip Patwardhan, Aged 39 years, S/o R.C.Patwardhan, Proprietor, M/s. Bhagyalakshmi Paper Company, No.10, 17 th ‘C’ Main, 2 nd Block, 2 nd Floor, Rajajinagar, Bangalore - 560 010 … Complainant AND:- SMT.GANGAMMA.M.B., Proprietrix, M/s. Sri. Sai Durga Enterprises, No.34, Kauvery Layout, Doddabettahalli, Bangalore – 560 097. … Accused *** COMPLAINT UNDER SECTION 200 OF THE CODE OF CRIMINAL PROCEDURE 1973 FOR THE OFFENCE UNDER SECTION 138 & 142 OF NEGOTIABLE INSTRUMENTS ACT The Complainant submits as follows:- 1. The address of the Complainant for service of notice, summons etc., from this Hon’ble Court is as stated in the cause title above and also care of his Counsel Sri._____________, Advocate, No. _____, 2 nd Floor, ____________ Complex, 5 th Main Road, Gandhinagar, Bangalore – 560 009. 2. The address of the Accused for service of notice, summons etc., from this Hon’ble Court is as stated in the cause title above. 3. The Complainant herein is Proprietary Concern carrying on business in paper and paper boards at the address stated in the cause title. The Complainant states that the Accused is one of the customers and used to place orders for supply of paper and paper boards on the Complainant. In turn, the Complainant used to supply paper and paper boards so ordered by

the delayed payment and as such the Complainant is entitled for the interest claimed herein. 6. The Complainant submits that the Accused has issued the said cheque towards discharge of the amount due to the Complainant. The said cheques were issued towards legally recoverable debt. The act of the Accused in issuing the cheques, making false promises and assurances and not maintaining the sufficient funds in the bank account to honour the cheques is deliberate and clearly demonstrates his intention to cheat and defraud the Complainant of his valuable and legally due money. Further by dishonour of cheques, the Accused has committed an offence punishable under Section 138 of the Negotiable Instrument Act. 7. The legal notice was issued within 30 days from the date of intimation of dishonour of cheque. So far the Accused has not complied with the demands made in the notice. The complaint filed today is well within stipulated time. That the transaction and the Bank of the Complainant where the offence is committed within the jurisdiction of this Hon’ble Court. 8. The Complainant seeks leave of this Hon’ble Court to furnish any other additional documents or list of witness at the appropriate stage to meet ends of the justice. WHEREFORE, the Complainant above named humbly prays that this Hon’ble Court be pleased to take cognizance of the offence committed by the Accused, summon, enquire into the matter and punish him with the maximum sentence in accordance with law, and further pass an order for payment of the cheque amount, interest at 24% per annum and costs of this proceedings to the Complainant, out of the fine amount that may be levied against the Accused, in the interest of justice. Advocate for Complainant Complainant VERIFICATION I, Dilip Patwardhan, the Complainant above named, do hereby declare that what is stated in Para 1 to 8 above are true and correct to the best of my