NI Act Chief Abhishek Karmakar

In the Court of the Ld.
Chief Judicial Magistrate, Dakshin

Dinajpur at Balurghat
Case No. C.R.- 35/2024
Complainant Vs Accused
Abhishek Karmakar Saikat Haldar
Initial Deposition on behalf of the Complainant by way of Affidavit sworn

before the Ld. Notary Public as PW-1 :-
I, Abhishek Karmakar, aged about 23 years, S/O-Nanda Dulal Karmakar, of

Vill.-Uttar Chakbhabani, P.O.-Beltala Park, P.S.-Balurghat, Dist.-Dakshin
Dinajpur, by Religion-Hindu, do here by solemnly affirm and declare as
follows:-
1. That I am the Complainant of this case.
2. That I am an educated unemployed youth and as I have not been

favoured with any suitable job, I engaged myself with small business in
order to provide my livelihood. Due to business relation I and the
accused person appeared ourselves well acquainted with each other.
3. That I had business transaction with the accused and accordingly the
accused has borrowed a sum of Rs. 2,00,000/- (Two Lakh) only from
me with an undertaking that he shall repay the same within three
months. I am entitled to get money from the accused for such dealings.
4. That after elapsing the period of three months the accused did not make
repayment of any amount to me. I requested the accused person for
several times to get the repayment of said amount. Accordingly the
accused person issued on cheque in my favour amounting to Rs.
2,00,000/- (Two Lakh) only vide Cheque No.- 353595, dated-
02/02/2024 and the Drawee Bank of the said cheque is IDBI Bank,
College More Branch, Opposite to District Library, Balurghat, Dakshin
Dinajpur.
5. That after receiving said Cheque I presented the same in my A/C lying
with the collecting banker State Bank of India, Balurghat Branch,
Balurghat, Dakshin Dinajpur for its encashment on 03/02/2024
observing all formalities through separate cheque deposit voucher.
Subsequently the manager of the concerned bank informed me on
03/02/2024 that above referred cheque so issued by the accused person
to me has been dishonoured with an endorsement “01-Funds
Insufficient”.
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6. That after receiving the intimation regarding the dishonor of the
aforesaid cheque from my banker compelled to serve the demand
notice upon the accused on 13/02/2024 through my engaged lawyer
Susmita Saha, Advocate by way of registered post and said notice was
delivered on 15/02/2024.
7. That after receiving the said notice the accused has failed to make
repayment the amount mentioned in the cheque with the prescribed
period of 15 days from the date of the receipt of the demand notice.
8. That due to non-encashment of the said cheque mentioned above

amounting to Rs. 2,00,000/- (Two Lakh) only I am suffering from
irreparable damaging consequences and due to such non-payment I am
placed into an indigent, awkward position and also unable to recollect
the amount from the accused which I am entitled.
9. That the accused person are duty bound to pay the aforesaid money
amounting Rs. 2,00,000/- (Two Lakh) only as per cheque amount to me
as I have not been able to collect the money despite of having the
cheque from the accused person due to dishonor of the cheque on the
ground of insufficient fund in the account of the accused person.
10. That I am entitled to get the amount being my legitimate claim as stated
above from the accused. The accused after receiving my demand
notice, did not take any step to repay the loan amount.
11. That due to motivated, negligent act of the accused I am also suffering
from mental pain and agony and thereby the accused has committed
cheat and breach of trust towards me.
12. That the accused thus committed an offence punishable under section
138 of the Negotiable Instrument Act and has rendered himself liable to
be prosecuted under section 138 of N.I. Act.
13. That the accused issued the aforesaid cheque and dishonored the same
intentionally with an ill-motive to misappropriate the money from me.
14. That the accused has committed the offence with his firm knowlesge
and convenience and he exercised no diligence to prevent me of such
offence.
15. That I have filed this instant case within the stipulated period as
provided under section 142(b) of the Negotiable Instrument Act.
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16. That I do rely upon the following documents and witness with regards
to the subject matter of the case as follows :-
a) Cheque No.- 353595, dated- 02/02/2024 amounting to Rs. 2,00,000/-

(Two Lakh) only issued by the accused of IDBI Bank, College More
Branch, Opposite to District Library, Balurghat, Dakshin Dinajpur and
intimation slip of banker dated 03/02/2024.
b) Copy of demand notice dated 13/02/2024 through my engaged lawyers

with registered postal receipt and postal tract consignment regarding
delivery report.
c) The Branch Manager, State Bank of India, Balurghat Branch, Balurghat,

Dakshin Dinajpur.
17. That I have filed the original documents to prove my case which should
be considered to initiate my case.
The above statements are written as per my instruction through my Advocate

and after completion of all statements explain to me in my version, all
contents of this affidavit are true to the best of my knowledge and today I put
my signature in this affidavit.
Declarant
Identified by me and signed in
my presence.
Advocate, Balurghat Court.
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NI Act Chief Abhishek Karmakar

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In the Court of the Ld.

Chief Judicial Magistrate, Dakshin

Case No. C.R.- 35/2024

Initial Deposition on behalf of the Complainant by way of Affidavit sworn

I, Abhishek Karmakar, aged about 23 years, S/O-Nanda Dulal Karmakar, of

1. That I am the Complainant of this case.

2. That I am an educated unemployed youth and as I have not been

8. That due to non-encashment of the said cheque mentioned above

a) Cheque No.- 353595, dated- 02/02/2024 amounting to Rs. 2,00,000/-

b) Copy of demand notice dated 13/02/2024 through my engaged lawyers

c) The Branch Manager, State Bank of India, Balurghat Branch, Balurghat,

The above statements are written as per my instruction through my Advocate

Advocate, Balurghat Court.

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