IN THE COURT OF JUDICAL MAGISTRATE- 2 AT

PUDHUCHERRY

S.T.C NO OF 2019

M/S Shriram Transport Finance Company Ltd,.

Rep by its Authorized Signatory.,
A.Azhaganandham s/o Arumugam aged at 40yrs

......... COMPLAINANT/ PETITIONER

VS

Mr.S.SELVAM
Pondicherry-605005 .............ACCUSED/RESPONDANT

AFFIDAVIT OF SWORN STATEMENT FILED BY COMPLAINT

Affidavit of Mr.Azhaganandham s/o Arumugam hindu aged about

40yrs the Complainant is working as Manager, Shriram Transport
Finance Co. Ltd No.13 &14, Boss Tower,2nd Floor, KVB Bank upstairs,
ECR Road, Karuvadikuppam, Pondicherry – 605012,Lawspet branch Rep
by its Authorized Signatory.pondicherry and is residing at pondicherry
to cause appearance in this Hon’ble Court and to depose and conduct
the proceedings.

I, the above named Complainant, on solemn oath do hereby state, declare and
affirm as under:

1. The accused namely. The accused namely Mr.SELVAM age and his fathers
name is not known to compaliant residing at No :3A
PoonathanStreet,Pointcare Street,Karamanikuppam,Pondicherry-605005
within the limit of GRAND BAZAR Police Station .

2. The accused namely Mr. SELVAM had approached the complainant

personally and asked for expansion of business of Rs. 50,00,000
(Rupees Fifty lakahs).

3. That on 21/06/2018 complainant paid Rs. 50,00,000 (Rupees as Fifty

lakahs) as business loan repayable on demand.
4. That towards payment of amount of loan the accused issued Cheque No:
000055 Dated 12/08/2019 for Rs. 52,75,984 to the complainant. That in
order to discharge their above said liability and in accordance with the
agreed terms and conditions, the accused had issued Cheque No:000005
Dated 12/08/2019 for Rs.52,75,984 /- drawn on CITY UNION BANK Ltd
Reddiarpalayam, Pondicherry -605010 . The said cheque was issued from
Account No. 500101010583663 which is held in the name of the
accused. That the present complaint is based on the dishonour of the
above said cheque which was issued in discharge of a lawful debt.

5. That at the time of handing over the above said cheque the accused had
assured the complainant that the said cheque will be honored/encashed
on presentation. Taking the above assurance/representation as true, the
complainant had accepted the above said cheque.

6. That on the basis of the assurances given by the accused, the complainant
presented the above said cheque with its bankers namely Axis Bank
pondiycherry Branch and was dishonoured vide cheque return advice
dated 17.08.2019 issued by the complainants bank. The aforesaid cheque
was returned unpaid vide returning memo dated 17.08.2019 with the
remarks “FUNDS INSUFFICIENT”.

7. That the dishonour of the cheque clearly shows and establishes that the
accused did not intend to honor the amount under the said cheque.

8. That on account of the dishonour of the said cheque, the complainant had
served a legal notice dated 03/09/2019 to the accused through a
Registered Post with acknowledgement .Despite of the returned notice, the
accused has not taken any steps to liquidate his liability and has failed to
make balance payments to the complainant towards the amount covered
under the said cheque, within the statutory period of 15 days or
thereafter. Thus, the Accused has, therefore committed an offence within
the meaning of Section 138 and 142 other sections of the amended
provisions of the Negotiable Instruments Act, 1881, for which he is liable
to be prosecuted & punished.

9. That the accused have failed to make payment against the said cheque
which has been done by them malefidely, intentionally and deliberately
 and knowingly. That at the time of issuing the said cheques the accused
were fully aware that the said cheques will not be honored on
presentation. Therefore, the accused has dishonestly induced the
complainant to advance a sum of 52,75,984 /- (Rupees Fifty two lakhs
sevnty five thousand and nine hundred and eighty four Only) fully
knowing that he cannot repay the said amount to the complainant.

10. That the accused is guilty of offence under Section 138 &142 Of
Negotiable Instruments Act and is also liable to be prosecuted under
Section 420 of the Indian Penal Code.

11. That in view of the facts and circumstances, the complainant has a
cause of action and right to file the present complaint. The cause of
actions has arisen in favour of the complainant when, on the expiry of the
notice period, the Accused has not come forward to pay the amount
relating to the dishonoured cheques. The cause of action is still subsisting
and continuing in nature.

12. I say that the complainant not filed any complaint in any other court
which is pending in respect of the transaction involved in the present
matter.

13. I say that in view of the facts the accused be summoned and tried as per
law.

14. I say that I close my pre-summoning evidence. That the cause of action
has arisen at pondicherry as the cheques was issued at pondicherry, and
the same was payable at pondicherry and was also dishonoured at
pondicherry. Therefore this Hon’ble Court has jurisdiction to try and
adjudicate upon the present complaint.

COMPLAINANT
 VERIFICATION

I the complaintant herein,do hereby declere that what are all stated above

is true to best of my knlowdge,belief and information,date at pondy on this

the day of December 2019

COMPLAINANT

.
 S.MURUGAN, B.Tech,M.B.A., B.L.
K.YASHWANT SINGH M.Sc, B.L.
S.VENURAJA B.A. B.L.
J.KARTHIKEYAN M.Sc, B.L.
Advocates for COMPLAINANT

IN THE COURT OF JM-1AT

PUDHUCHERRY

STC.NO: /2019
Shriram Transport Finance
Co. Ltd.,Rep by its Authorized
Signatory

.......COMPLAINANT/ PETITIONER
VS

Mr.SELVAM
Pondicherry......ACCUSED/RESPONDANT

SWORN STATEMENT
FILED BY COMPLAINANT

Address for Service:

Mr.S.MURUGAN,B.Tech,M.B.A., B.L.
Mr.K.YASHWANT SINGH M.Sc, B.L.
Advocates.
2B-EastvenugopalapuramSt. Manjakuppam,
cuddalore Town & Taluk 607001
cuddalore Dt ,cellNo:8778258109,
Email ID: Kbkvas@gmail.com