IN THE COURT OF CHIEF JUDICIAL MAGISTRATE AT ALIGARH

Criminal Complaint No.____________of 2 !"

M#S A$ra %o&'r ( T)ro$*) it+ A$t)ori+', %artn'r Mr. S)i-an. Gar* A*', a/o$t 20 1'ar+ S#o S)ri Ra.'+) Gar* R#o "#! 2 Marri+ Roa,( Ali*ar) 32 2 !( U. %. .......................................................Complainant Versus !. S)ri 4a+ant 5$mar A*ar&al 6 4o//7 a*', a/o$t 2! 7'ar+ %ropri'tor Firm M#+. Ra.'+) El'8tri8al+ 9 Gift C'nt'r S)r''8)an,ra Mar.'t Jattari32 2!":( %.S. Tappal Di+tri8t3Ali*ar) 2. M#+. Ra.'+) El'8tri8al+ 9 Gift C'nt'r T)ro$*) it+ %ropri'tor S)ri 4a+ant 5$mar A*ar&al 6 4o//7 S)r''8)an,ra Mar.'t Jattari32 2!":( %.S. Tappal Di+tri8t3Ali*ar).................................;;;;;;;;.;;;;A88$+',
%oli8' +tation< =$ar+i( Ali*ar)

COM%LAINT UNDER SECTION !"> READ ?ITH !2! OF THE NEGOTIA4LE INSTRUMENT ACT( !>>! AS AMENDED U%TO DATE<
SIR( THE A4O@ENAMED COM%LAINANT MOST RES%ECTFULL1 SHO?ETH<3 !. That the Complainant, M/S Aura Power Aligarh, is a Partnership Firm having registered office at 3/1 ! Marris "oad, Aligarh #$ $ 1, %& P& and engaged in 'usiness of distri'ution of 'atteries and %PS to retailers/su' dealers in the district Aligarh area, and present complaint is filed through its authori(ed partner Mr& Shivan) *arg S/o Shri "a)esh *arg, who is competent to file this complaint on 'ehalf of the his partner firm 'eing authorised partner on the 'ehalf of the M/S Aura Power vide special power of attorne+ dated 1$#1 #$ 1$& T)' NotariA', 8op7 of t)'

partn'r+)ip D'', an, +ai, po&'r of attorn'7 i+ ann'B', )'r'&it) an, mar.', a+ Ann'B$r' ! an, Ann'B$r' 2 r'+p'8ti-'l7. 2. That the Complainant had supplied ,atteries and %PS of -evin Power Solutions .td& to the aforesaid accused / M/s& "a)esh 0lectricals 1 *ift Center , Proprietor Shri ,asant -umar Agarwal 2 ,o''+ "/o Shreechandra Mar)et 3attari4 as per accused5s order as and when accused has placed order for same on various occasions & That 6n 17#1$#$ 1$ total amount due of the complainant upon the accused in lieu of supplied ,atteries and %PS was of "s& 89,:3 /# /Sevent+ 0ight Thousand Si; <undred Thirt+ "upees4& 6n $ &1$&$ 1$ out of such "s& 89,:3 /# accused has paid "s& 1 /# in cash and promised to pa+ another "s& 19:3 /# in cash within a month, further in respect of remaining due 'alance amount of "s& = /# of the Complainant , the accused has issued a post dated che>ue in favour of M/S Aura Power, of Central ,an) of ?ndia, 3attari ,ranch, Aligarh of "s& = /# /"upees fift+ thousand 4 'earing no& 1 !1$ dated $8# 8#$ 13 of his own Firm5s account in name of M/s& "a)esh 0lectricals 1 *ift Center at the complainant5s office situated at 3/1 ! Marris "oad, Aligarh #$ $ 1, %& P in presence of Mr& <arendra Sharma, Mr& Sachin *arg, Mr& "a)esh garg and assured for pa+ment of said post dated che>ue on presentation on its due date mentioned on che>ue & That on the due date of pa+ment of said che>ue i&e& $8& 8&$ 13 the accused come in to office of the complainant and showing his worsening economic position pra+ed to complainant to give him further time of around one and >uarter month for ma)ing the pa+ment of the said che>ue& The complainant accented to his re>uest of further time and then the accused has assured for pa+ment of the such che>ue on its presentation 'efore the 'an)er on 7& 7&$ 13& That the complainant rel+ing on accused assurance presented said che>ue 'earing 1 !1$ of Central ,an) 6f ?ndia, 3attari ,ranch, Aligarh on 7# 7#$ 13 within period of its validit+ 'efore his ,an)ers, Corporation ,an), Aligarh ,ranch 'ut same was returned unpaid to the complainant '+ its 'an)ers on 11# 7#$ 13 along with "eturn Memo dated 1 # 7#$ 13 with the remar)s/reasons Funds ?nsufficient. Ori*inal C)'C$' No. ! 2!2 alon* &it) ,'po+it +lip Mar.', a+ Ann'B$r' " an, Di+)onorin* R't$rnin* M'mo Mar.', a+ Ann'B$r' 2. That in spite of num'er of telephonic, ver'al reminder '+ the complainant and '+ the representatives of the complainant regarding dishonour of aforesaid che>ue and for pa+ment of amount due under aforesaid che>ue the accused had given num'er of assurances to ma)e the pa+ment of said che>ue 'ut on each and ever+ time accused failed to honour his assurances and ultimatel+ the accused had categoricall+ refused to ma)e the pa+ment of amount "s& = /# as mentioned in said che>ue and further also refused to ma)e the pa+ment of remaining "s& 19,:3 /#i&e& in respect of which the accused had promised on $ &1$&$ 1$ to ma)e pa+ment in cash within a month &

".

2.

0.

D.

:.

That finding no other means the complainant has served through his counsel Mr& @eepa) Chaudhar+ Advocate a L'*al Noti8' as per the provisions of A&?& Act, 1991 as amended upto date and the said notice was dispatched on $7# 7#$ 13 '+ 'oth

wa+s i&e& Speed Post with A/@& and also via registered Post with A/@& demanding the pa+ment of the amount of said che>ue "s& = /# /Fift+ Thousand "upees 4 within 1= da+s from the date of receipt of the said notice& T)' 8op7 of l'*al noti8' ,at', 2>3 E32 !" i+ ann'B', )'r'&it) an, mar.', a+ Ann'B$r' 0 an, ori*inal Sp'', po+t an, R'*i+t'r', po+t r'8'ipt ,at', 2E3 E32 !" mar.', a+ Ann'B$r' D. >. That the Complainant su'mits that the said demand notice was dul+ served to Accused person on 3 & 7&$ 13, 'ut in spite of .egal Aotice @ated $9& 7&$ 13 this the accused person failed and neglected to ma)e pa+ment as demanded therein& T)' ori*inal proof of ,'li-'r7 /7 t)' D'partm'nt of %o+t (In,ia ( Ali*ar) in r'+p'8t of Sp'', po+t an, R'*i+t'r', po+t ,at', !:.! .2 !" mar.', a+ Ann'B$r' 8& That the accused person has therefore succeeded in deceiving the complainant malafidel+, intentionall+, purposel+ and mischievousl+&

E.

! . That the accused has thus committed an offence punisha'le under section 139 read with 1!1 of the Aegotia'le ?nstruments Act, 1991 as amended upto date& !!. That the complaint is not 'arred '+ the .aw of .imitation& !2. That as the .egal notice in writing was given/served to the accused demanding pa+ment within 1= da+s from the Burisdiction of this .earned Court& <ence, this .earned Court is the competent authorit+ and has Burisdiction to tr+ the offence in this instant case& ?n the aforesaid circumstances it is most respectfull+ pra+ed that Cour <onour ma+ graciousl+ 'e pleased to ta)e cogni(ance of the matter and issue process against the accused person under section 139 read with section 1!1 of the Aegotia'le ?nstruments Act 1991, as amended up#to#date and pass such order for pa+ment of che>ue amount along with interest 2 7D up to the date of pa+ment as compensation, further order for imprisonment of accused and pass such other orders as +our <onour ma+ deem fit and proper in interest of Bustice& And for this act of )indness +our petitioner as in dut+ 'ound shall ever pra+&

PlaceE Aligarh @ateE 1!#11#$ 13

Complainant

Through Counsel

Sudheer *upta @eepa) Chaudhar+ "awat Advocates 1 .egal Consultants