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IN THE COURT OF XI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT SECUNDERABAD CC NO. OF 2011 BETWEEN : HDFC BANK having its Regestred Office at HDFC Bank house, Senapathi, Bapat marg, Lower parel, Mumbai 40013 and one of its branch office at 5-4-94 to 97, Lala lane mark M.G.Road, Ranigunj, Secunderabad, rep. by its Power of Attorney Holder Sri C Varun Prajna Vardha S/o C Venkat Rao, aged 29 years, Manager-Legal. AND PARVATHY BHASKARA S/o./W/o.SURYANARAYANA T, Age : 43, R/o.B-411, SAI SADAN, 2ND FLOOR, PHASEIII, HUDA COLONY, VANASTHALIPURAM, OPP RED WATER TANK, HYDERABAD500070. ...Accused.
..Complainant
COMPLAINT U/S 138 & 142 OF NEGOTIABLE INSTRUMENTS ACT, 1881 ( AS AMENDED UP TO DATE AND SECTION 200 OF Cr.P.C) Nature of Offence Date of Offence : U/s.138 of N.I.Act for dishonour of Cheque. : Cheque date Memo date Notice date Ack or Retn Cover 15.03.2011 01.07.2011 19.07.2011
Jurisdiction
: P.S. Mahankali (complainant bank branch office is situated at Ranigunj) : 1) Branch Manager of Accuseds Bank. 2) Branch Manager of Complainants Bank.
List of Witnesses
MAY IT PLEASE YOUR HONOUR 1. The Complainant is a scheduled Bank following the due norms and regulations
set by the RBI and is engaged in the business of Banking services such as collecting deposits from the customers and facilitate, loans to borrowers on interest through its various Branches including the Branch situated at 5-4-94 to 97, Lala lane mark M.G.Road, Ranigunj, Secunderabad.
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::2:: 2. Our client represents that by virtue of the order passed by the Reserve Bank of
India on 20.05.2008 the M/s. CENTURION BANK OF PUNJAB LIMITED amalgamated with our client and all its business, rights and liabilities were transferred to our client as per the amalgamation procedure. 3. The Complainant is a scheduled Bank and is represented by its Power of
Attorney holder Sri C Varun Prajna Vardha, S/o.C Venkat Rao, Age: 29 Yrs., ManagerLegal, authorized to represent on behalf of the complainant and is fully aware of the facts of the case and is competent to represent before this Honble Court on behalf of the Complainant Bank vide General Power of Attorney dated 04.07.2011. 4. The Accused approached the Complainant Bank for financial assistance and
requested for personal loan and assured that the loan amount so granted will be repaid together with interest in monthly installments on due dates. Considering the request of Accused and relying upon the representations, the Complainant bank granted personal loan of Rs.208659/- on 30-Nov-07 as requested by the accused vide Loan Account No.91818610, after execution of necessary documents in favour of the complainant and the accused received the said loan amount from the complainant and agreed to repay the loan amount along with interest in 60 equated monthly installments of Rs.6003/each. 5. The complainant submits that in partial discharge of Accusers legal liability/debt,
issued the following cheque/s in favour of the Complainant towards repayment of the Loan amount. The details of the cheque/s given below. Cheque No. 0 Date 15.03.2011 Drawn on HDFC BANK TOTAL Amount( Rs ) 36018 36018
6.
The aforesaid Cheque/s when presented for realization in the Accusers Bank,
the same were returned unpaid for the reasons ACCOUNT CLOSED vide Bank memos dated 01.07.2011, . The aforesaid cheque/s was given to the Complainant towards discharge and repayment of debt legally due to the Complainant.
14
7.
The Complainant bank therefore got issued a legal notice dated 19.07.2011
through its counsel to the accused, demanding payment of loan amount covered under the dishonored cheque/s within 15 days from the date of receipt of the notice and the same was Await on . 8. The Complainant states that the aforesaid cheque/s amounting to Rs.36018/-
was issued by the Accused in discharge of its legal debt /liability towards the repayment of the amount which were due and payable to the Complainant under the said Loan Agreement. The Accused has, thus committed an offence punishable under Section 138 read with Section 142 of the Negotiable Instrument Act, on account of failure to make the payment of the dishonored cheque/s by the Accused within the prescribed time, as has been provided under Section 138 (c) of the Negotiable Instruments Act. 9. The complainant submits that aforesaid cheque/s was presented for encashment
within the period of its validity and the statutory notice to the Accused was issued within the stipulated time and the present Complaint filed within the prescribed time as provided under provisions of the Negotiable Instruments Act. The Complainant submits that the Accused thus committed an offence punishable under section 138 read with Section 141 and 142 of the Negotiable Instruments Act. 10. The complainant submits that the complainant bank branch office is situated at
Ranigunj under the limits of Mahankali Police Station, which falls well within the jurisdiction of this Honble Court as such this Honble Court has got jurisdiction to entertain present complaint. 11. The complainant submits that the Complainant Bankhas not filed any case under
138 N.I. Act against this accused in any court except seeking the relief under this complaint in so for as the cheque/s involved in this case are concerned. It is therefore prayed that this Honble Court may be pleased to a) take cognizance of the offences committed by the Accused and issue stringent process against the Accused and try and punish the Accused in accordance with the Law for the offence committed by him; award double the cheque amount as compensation to the complainant. award fine and Pass such other order or orders that this Honble Court may deem fit and proper in the circumstances of the case. Complainant Counsel for Complainant.
b) c) d)
Dated: .2011
14
:: 4 :: VERIFICATION: I C Varun Prajna Vardha, S/o C Venkat Rao, aged 29 years, Manager-Legal in the complainant Bank r/o Hyderabad do hereby declare and verify that the above contents of the paras are true and correct to the best of my knowledge and belief, hence verified the same on this the day of 2010 at Hyderabad.
Complainant
LIST OF DOCUMENTS
Cheque no 0
19.07.2011 22.07.2011
14
14
Address for service: No.11, Madhukunj Apts., 1st floor, S.P.Road, Secunderabad. Counsel for Complainant.
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IN THE COURT OF THE XI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT SECUNDERABAD C.C.NO. OF 2011 Between: M/s. HDFC BANK ... Complainant AND PARVATHY BHASKARA ... Accused I, C Varun Prajna Vardha, S/o C Venkat Rao, aged 29 years, Manager-Legal, in the Complainant Bankr/o Hyderabad, do hereby appoint and retain M/s M.V.KINI A.Laxminarayana Arun Kumar Burra N. Sudershan Setty Bhasker Rao Pradeep Kondaiah Vimala Prashanthi Raghavender Advocates Advocate/s to appear for me/us in the above Suit/Appeal/Petition/Case and to conduct and prosecute or defend the same and all proceedings that may be taken in respect of any application for execution of any decree or order passed therein. I/We empower my/our Advocate/s to appear in all miscellaneous proceedings in the above suit or matter till all decrees or order are fully satisfied, or adjusted, to compromise and obtain the return of documents and draw any money that might be payable to me/us in the said suit or matter and I/We do further empower my/our Advocate/s to accept on my/our behalf service of notice of all or any appeal or petition filed in any court or appeal Reference or Revision with regard to the said suit or matter before disposal of the same in Honourable Court.
I certified that the executant who is well acquainted with English, read this Vakalatnama that the contents of this Vakalatnama were read out and explained in Urdu/Hindi/Telugu to the executant he/she/they being unacquainted with English, who appeared perfectly to understand the same and signed or put his/her/their name or mark in my presence. Identified by Sri A.Laxmi Narayana, Advocate Executed on .2011 ADVOCATE
14
IN THE COURT OF THE XI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT SECUNDERABAD C.C NO. OF 2011
VAKALAT ACCEPTED
FILED ON: .2011 Filed by: M.V.KINI & CO., Counsel for Complainant. -----------------------------Address for Service: M.V.KINI & CO., Advocates and Solicitors No.11,Madhukunj Apartments, Opp. City Civil Court, Sardar Patel Road, SECUNDERABAD 500 003.
15
IN THE COURT OF XI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT SECUNDERABAD CC NO. OF 2011 BETWEEN : HDFC BANK having its Regestred Office at HDFC Bank house, Senapathi, Bapat marg, Lower parel, Mumbai 40013 and one of its branch office at 5-4-94 to 97, Lala lane mark M.G.Road, Ranigunj, Secunderabad, rep. by its Power of Attorney Holder Sri C Varun Prajna Vardha S/o C Venkat Rao, aged 29 years, Manager-Legal. AND L SURESH KUMAR S/o./W/o.VEERAIAH, Age : 44, R/o.H.NO:1-6-25, FLAT NO:203, VASAVI HOMES-2, CHAITANYAPURI, KOTHAPET, SAROOR NAGAR, PLOT NO:84, HYDERABAD500060. ...Accused.
..Complainant
COMPLAINT U/S 138 & 142 OF NEGOTIABLE INSTRUMENTS ACT, 1881 ( AS AMENDED UP TO DATE AND SECTION 200 OF Cr.P.C) Nature of Offence Date of Offence : U/s.138 of N.I.Act for dishonour of Cheque. : Cheque date Memo date Notice date Ack or Retn Cover 15.03.2011 01.07.2011 19.07.2011
Jurisdiction
: P.S. Mahankali (complainant bank branch office is situated at Ranigunj) : 1) Branch Manager of Accuseds Bank. 2) Branch Manager of Complainants Bank.
List of Witnesses
MAY IT PLEASE YOUR HONOUR 1. The Complainant is a scheduled Bank following the due norms and regulations
set by the RBI and is engaged in the business of Banking services such as collecting deposits from the customers and facilitate, loans to borrowers on interest through its various Branches including the Branch situated at 5-4-94 to 97, Lala lane mark M.G.Road, Ranigunj, Secunderabad.
15
::2:: 2. Our client represents that by virtue of the order passed by the Reserve Bank of
India on 20.05.2008 the M/s. CENTURION BANK OF PUNJAB LIMITED amalgamated with our client and all its business, rights and liabilities were transferred to our client as per the amalgamation procedure. 3. The Complainant is a scheduled Bank and is represented by its Power of
Attorney holder Sri C Varun Prajna Vardha, S/o.C Venkat Rao, Age : 29 Yrs., ManagerLegal, authorized to represent on behalf of the complainant and is fully aware of the facts of the case and is competent to represent before this Honble Court on behalf of the Complainant Bank vide General Power of Attorney dated 04.07.2011. 4. The Accused approached the Complainant Bankfor financial assistance and
requested for personal loanand assured that the loan amount so granted will be repaid together with interest in monthly installments on due dates. Considering the request of Accused and relying upon the representations, the Complainant bank granted personal loan of Rs.150000/- on 11-Aug-06 as requested by the accused vide Loan Account No.90028178, after execution of necessary documents in favour of the complainant and the accused received the said loan amount from the complainant and agreed to repay the loan amount along with interest in 36 equated monthly installments of Rs.6044/each. 5. The complainant submits that in partial discharge of Accuseds legal liability/debt,
issued the following cheque/s in favour of the Complainant towards repayment of the Loan amount. The details of the cheque/s given below. Cheque No. 0 Date 15.03.2011 Drawn on HDFC BANK TOTAL Amount( Rs ) 36264 36264
6.
The aforesaid Cheque/s when presented for realization in the Accuseds Bank,
the same were returned unpaid for the reasons ACCOUNT CLOSED vide Bank memos dated 01.07.2011, . The aforesaid cheque/s was given to the Complainant towards discharge and repayment of debt legally due to the Complainant.
15
7.
The Complainant bank therefore got issued a legal notice dated 19.07.2011
through its counsel to the accused, demanding payment of loan amount covered under the dishonored cheque/s within 15 days from the date of receipt of the notice and the same was Await on . 8. The Complainant states that the aforesaid cheque/s amounting to Rs.36264/-
was issued by the Accused in discharge of its legal debt /liability towards the repayment of the amount which were due and payable to the Complainant under the said Loan Agreement. The Accused has, thus committed an offence punishable under Section 138 read with Section 142 of the Negotiable Instrument Act, on account of failure to make the payment of the dishonored cheque/s by the Accused within the prescribed time, as has been provided under Section 138 (c) of the Negotiable Instruments Act. 9. The complainant submits that aforesaid cheque/s was presented for encashment
within the period of its validity and the statutory notice to the Accused was issued within the stipulated time and the present Complaint filed within the prescribed time as provided under provisions of the Negotiable Instruments Act. The Complainant submits that the Accused thus committed an offence punishable under section 138 read with Section 141 and 142 of the Negotiable Instruments Act. 10. The complainant submits that the complainant bank branch office is situated at
Ranigunj under the limits of Mahankali Police Station, which falls well within the jurisdiction of this Honble Court as such this Honble Court has got jurisdiction to entertain present complaint. 11. The complainant submits that the Complainant Bankhas not filed any case under
138 N.I. Act against this accused in any court except seeking the relief under this complaint in so for as the cheque/s involved in this case are concerned. It is therefore prayed that this Honble Court may be pleased to a) take cognizance of the offences committed by the Accused and issue stringent process against the Accused and try and punish the Accused in accordance with the Law for the offence committed by him; award double the cheque amount as compensation to the complainant. award fine and Pass such other order or orders that this Honble Court may deem fit and proper in the circumstances of the case. Complainant Counsel for Complainant.
b) c) d)
Dated: .2011
15
:: 4 :: VERIFICATION: I C Varun Prajna Vardha, S/o C Venkat Rao, aged 29 years, Manager-Legal in the complainant Bank r/o Hyderabad do hereby declare and verify that the above contents of the paras are true and correct to the best of my knowledge and belief, hence verified the same on this the day of 2010 at Hyderabad.
Complainant
LIST OF DOCUMENTS
Cheque no 0
19.07.2011 22.07.2011
15
15
Address for service: No.11, Madhukunj Apts., 1st floor, S.P.Road, Secunderabad. Counsel for Complainant.
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IN THE COURT OF THE XI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT SECUNDERABAD C.C.NO. OF 2011 Between: M/s. HDFC BANK ... Complainant AND L SURESH KUMAR ... Accused I, C Varun Prajna Vardha, S/o C Venkat Rao, aged 29 years, Manager-Legal, in the Complainant Bankr/o Hyderabad, do hereby appoint and retain M/s M.V.KINI A.Laxminarayana Arun Kumar Burra N. Sudershan Setty Bhasker Rao Pradeep Kondaiah Vimala Prashanthi Raghavender Advocates Advocate/s to appear for me/us in the above Suit/Appeal/Petition/Case and to conduct and prosecute or defend the same and all proceedings that may be taken in respect of any application for execution of any decree or order passed therein. I/We empower my/our Advocate/s to appear in all miscellaneous proceedings in the above suit or matter till all decrees or order are fully satisfied, or adjusted, to compromise and obtain the return of documents and draw any money that might be payable to me/us in the said suit or matter and I/We do further empower my/our Advocate/s to accept on my/our behalf service of notice of all or any appeal or petition filed in any court or appeal Reference or Revision with regard to the said suit or matter before disposal of the same in Honourable Court.
I certified that the executant who is well acquainted with English, read this Vakalatnama that the contents of this Vakalatnama were read out and explained in Urdu/Hindi/Telugu to the executant he/she/they being unacquainted with English, who appeared perfectly to understand the same and signed or put his/her/their name or mark in my presence. Identified by Sri A.Laxmi Narayana, Advocate Executed on .2011 ADVOCATE
15
IN THE COURT OF THE XI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT SECUNDERABAD C.C NO. OF 2011
VAKALAT ACCEPTED
FILED ON: .2011 Filed by: M.V.KINI & CO., Counsel for Complainant. -----------------------------Address for Service: M.V.KINI & CO., Advocates and Solicitors No.11,Madhukunj Apartments, Opp. City Civil Court, Sardar Patel Road, SECUNDERABAD 500 003.
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IN THE COURT OF XI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT SECUNDERABAD CC NO. OF 2011 BETWEEN : HDFC BANK having its Regestred Office at HDFC Bank house, Senapathi, Bapat marg, Lower parel, Mumbai 40013 and one of its branch office at 5-4-94 to 97, Lala lane mark M.G.Road, Ranigunj, Secunderabad, rep. by its Power of Attorney Holder Sri C Varun Prajna Vardha S/o C Venkat Rao, aged 29 years, Manager-Legal. AND FAZALUNNISA S/o./W/o.MOHAMMED SADIQ, Age : 30, R/o.H.NO.1-6-872, MUSHEERABAD, NR MUSHEERABAD HIGH SCHOOL, HYDERABAD-500048. ...Accused.
..Complainant
COMPLAINT U/S 138 & 142 OF NEGOTIABLE INSTRUMENTS ACT, 1881 ( AS AMENDED UP TO DATE AND SECTION 200 OF Cr.P.C) Nature of Offence Date of Offence : U/s.138 of N.I.Act for dishonour of Cheque. : Cheque date Memo date Notice date Ack or Retn Cover 15.03.2011 01.07.2011 19.07.2011
Jurisdiction
: P.S. Mahankali (complainant bank branch office is situated at Ranigunj) : 1) Branch Manager of Accuseds Bank. 2) Branch Manager of Complainants Bank.
List of Witnesses
MAY IT PLEASE YOUR HONOUR 1. The Complainant is a scheduled Bank following the due norms and regulations
set by the RBI and is engaged in the business of Banking services such as collecting deposits from the customers and facilitate, loans to borrowers on interest through its various Branches including the Branch situated at 5-4-94 to 97, Lala lane mark M.G.Road, Ranigunj, Secunderabad.
40
::2:: 2. Our client represents that by virtue of the order passed by the Reserve Bank of
India on 20.05.2008 the M/s. CENTURION BANK OF PUNJAB LIMITED amalgamated with our client and all its business, rights and liabilities were transferred to our client as per the amalgamation procedure. 3. The Complainant is a scheduled Bank and is represented by its Power of
Attorney holder Sri C Varun Prajna Vardha, S/o.C Venkat Rao, Age : 29 Yrs., ManagerLegal, authorized to represent on behalf of the complainant and is fully aware of the facts of the case and is competent to represent before this Honble Court on behalf of the Complainant Bank vide General Power of Attorney dated 04.07.2011. 4. The Accused approached the Complainant Bankfor financial assistance and
requested for personal loanand assured that the loan amount so granted will be repaid together with interest in monthly installments on due dates. Considering the request of Accused and relying upon the representations, the Complainant bank granted personal loan of Rs.102000/- on 30-Nov-07 as requested by the accused vide Loan Account No.91819769, after execution of necessary documents in favour of the complainant and the accused received the said loan amount from the complainant and agreed to repay the loan amount along with interest in 60 equated monthly installments of Rs.3686/each. 5. The complainant submits that in partial discharge of Accuseds legal liability/debt,
issued the following cheque/s in favour of the Complainant towards repayment of the Loan amount. The details of the cheque/s given below. Cheque No. 0 Date 15.03.2011 Drawn on CBOP LTD TOTAL Amount( Rs ) 22116 22116
6.
The aforesaid Cheque/s when presented for realization in the Accuseds Bank,
the same were returned unpaid for the reasons ACCOUNT CLOSED vide Bank memos dated 01.07.2011, . The aforesaid cheque/s was given to the Complainant towards discharge and repayment of debt legally due to the Complainant.
40
7.
The Complainant bank therefore got issued a legal notice dated 19.07.2011
through its counsel to the accused, demanding payment of loan amount covered under the dishonored cheque/s within 15 days from the date of receipt of the notice and the same was Await on . 8. The Complainant states that the aforesaid cheque/s amounting to Rs.22116/-
was issued by the Accused in discharge of its legal debt /liability towards the repayment of the amount which were due and payable to the Complainant under the said Loan Agreement. The Accused has, thus committed an offence punishable under Section 138 read with Section 142 of the Negotiable Instrument Act, on account of failure to make the payment of the dishonored cheque/s by the Accused within the prescribed time, as has been provided under Section 138 (c) of the Negotiable Instruments Act. 9. The complainant submits that aforesaid cheque/s was presented for encashment
within the period of its validity and the statutory notice to the Accused was issued within the stipulated time and the present Complaint filed within the prescribed time as provided under provisions of the Negotiable Instruments Act. The Complainant submits that the Accused thus committed an offence punishable under section 138 read with Section 141 and 142 of the Negotiable Instruments Act. 10. The complainant submits that the complainant bank branch office is situated at
Ranigunj under the limits of Mahankali Police Station, which falls well within the jurisdiction of this Honble Court as such this Honble Court has got jurisdiction to entertain present complaint. 11. The complainant submits that the Complainant Bankhas not filed any case under
138 N.I. Act against this accused in any court except seeking the relief under this complaint in so for as the cheque/s involved in this case are concerned. It is therefore prayed that this Honble Court may be pleased to a) take cognizance of the offences committed by the Accused and issue stringent process against the Accused and try and punish the Accused in accordance with the Law for the offence committed by him; award double the cheque amount as compensation to the complainant. award fine and Pass such other order or orders that this Honble Court may deem fit and proper in the circumstances of the case. Complainant Counsel for Complainant.
b) c) d)
Dated: .2011
40
:: 4 :: VERIFICATION: I C Varun Prajna Vardha, S/o C Venkat Rao, aged 29 years, Manager-Legal in the complainant Bank r/o Hyderabad do hereby declare and verify that the above contents of the paras are true and correct to the best of my knowledge and belief, hence verified the same on this the day of 2010 at Hyderabad.
Complainant
LIST OF DOCUMENTS
Cheque no 0
19.07.2011 22.07.2011
40
40
Address for service: No.11, Madhukunj Apts., 1st floor, S.P.Road, Secunderabad. Counsel for Complainant.
40
IN THE COURT OF THE XI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT SECUNDERABAD C.C.NO. OF 2011 Between: M/s. HDFC BANK ... Complainant AND FAZALUNNISA ... Accused I, C Varun Prajna Vardha, S/o C Venkat Rao, aged 29 years, Manager-Legal, in the Complainant Bankr/o Hyderabad, do hereby appoint and retain M/s M.V.KINI A.Laxminarayana Arun Kumar Burra N. Sudershan Setty Bhasker Rao Pradeep Kondaiah Vimala Prashanthi Raghavender Advocates Advocate/s to appear for me/us in the above Suit/Appeal/Petition/Case and to conduct and prosecute or defend the same and all proceedings that may be taken in respect of any application for execution of any decree or order passed therein. I/We empower my/our Advocate/s to appear in all miscellaneous proceedings in the above suit or matter till all decrees or order are fully satisfied, or adjusted, to compromise and obtain the return of documents and draw any money that might be payable to me/us in the said suit or matter and I/We do further empower my/our Advocate/s to accept on my/our behalf service of notice of all or any appeal or petition filed in any court or appeal Reference or Revision with regard to the said suit or matter before disposal of the same in Honourable Court.
I certified that the executant who is well acquainted with English, read this Vakalatnama that the contents of this Vakalatnama were read out and explained in Urdu/Hindi/Telugu to the executant he/she/they being unacquainted with English, who appeared perfectly to understand the same and signed or put his/her/their name or mark in my presence. Identified by Sri A.Laxmi Narayana, Advocate Executed on .2011 ADVOCATE
40
IN THE COURT OF THE XI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT SECUNDERABAD C.C NO. OF 2011
VAKALAT ACCEPTED
FILED ON: .2011 Filed by: M.V.KINI & CO., Counsel for Complainant. -----------------------------Address for Service: M.V.KINI & CO., Advocates and Solicitors No.11,Madhukunj Apartments, Opp. City Civil Court, Sardar Patel Road, SECUNDERABAD 500 003.
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IN THE COURT OF XI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT SECUNDERABAD CC NO. OF 2011 BETWEEN : HDFC BANK having its Regestred Office at HDFC Bank house, Senapathi, Bapat marg, Lower parel, Mumbai 40013 and one of its branch office at 5-4-94 to 97, Lala lane mark M.G.Road, Ranigunj, Secunderabad, rep. by its Power of Attorney Holder Sri C Varun Prajna Vardha S/o C Venkat Rao, aged 29 years, Manager-Legal. AND SRINIVAS S/o./W/o., Age : 42, R/o.NO 1-1-6/1, F 303, MARUTHI, VIJAY ENCLAVE, PRABHATH NAGAR, DILSUK NAGAR, HYDERABAD-500060. ...Accused.
..Complainant
COMPLAINT U/S 138 & 142 OF NEGOTIABLE INSTRUMENTS ACT, 1881 ( AS AMENDED UP TO DATE AND SECTION 200 OF Cr.P.C) Nature of Offence Date of Offence : U/s.138 of N.I.Act for dishonour of Cheque. : Cheque date Memo date Notice date Ack or Retn Cover 15.03.2011 01.07.2011 19.07.2011
Jurisdiction
: P.S. Mahankali (complainant bank branch office is situated at Ranigunj) : 1) Branch Manager of Accuseds Bank. 2) Branch Manager of Complainants Bank.
List of Witnesses
MAY IT PLEASE YOUR HONOUR 1. The Complainant is a scheduled Bank following the due norms and regulations
set by the RBI and is engaged in the business of Banking services such as collecting deposits from the customers and facilitate, loans to borrowers on interest through its various Branches including the Branch situated at 5-4-94 to 97, Lala lane mark M.G.Road, Ranigunj, Secunderabad.
59
::2:: 2. Our client represents that by virtue of the order passed by the Reserve Bank of
India on 20.05.2008 the M/s. CENTURION BANK OF PUNJAB LIMITED amalgamated with our client and all its business, rights and liabilities were transferred to our client as per the amalgamation procedure. 3. The Complainant is a scheduled Bank and is represented by its Power of
Attorney holder Sri C Varun Prajna Vardha, S/o.C Venkat Rao, Age : 29 Yrs., ManagerLegal, authorized to represent on behalf of the complainant and is fully aware of the facts of the case and is competent to represent before this Honble Court on behalf of the Complainant Bank vide General Power of Attorney dated 04.07.2011. 4. The Accused approached the Complainant Bankfor financial assistance and
requested for personal loanand assured that the loan amount so granted will be repaid together with interest in monthly installments on due dates. Considering the request of Accused and relying upon the representations, the Complainant bank granted personal loan of Rs.75878/- on 13-Dec-05 as requested by the accused vide Loan Account No.90412995, after execution of necessary documents in favour of the complainant and the accused received the said loan amount from the complainant and agreed to repay the loan amount along with interest in 36 equated monthly installments of Rs.2859/each. 5. The complainant submits that in partial discharge of Accuseds legal liability/debt,
issued the following cheque/s in favour of the Complainant towards repayment of the Loan amount. The details of the cheque/s given below. Cheque No. 0 Date 15.03.2011 Drawn on HDFC BANK TOTAL Amount( Rs ) 17154 17154
6.
The aforesaid Cheque/s when presented for realization in the Accuseds Bank,
the same were returned unpaid for the reasons ACCOUNT CLOSED vide Bank memos dated 01.07.2011, . The aforesaid cheque/s was given to the Complainant towards discharge and repayment of debt legally due to the Complainant.
59
7.
The Complainant bank therefore got issued a legal notice dated 19.07.2011
through its counsel to the accused, demanding payment of loan amount covered under the dishonored cheque/s within 15 days from the date of receipt of the notice and the same was Await on . 8. The Complainant states that the aforesaid cheque/s amounting to Rs.17154/-
was issued by the Accused in discharge of its legal debt /liability towards the repayment of the amount which were due and payable to the Complainant under the said Loan Agreement. The Accused has, thus committed an offence punishable under Section 138 read with Section 142 of the Negotiable Instrument Act, on account of failure to make the payment of the dishonored cheque/s by the Accused within the prescribed time, as has been provided under Section 138 (c) of the Negotiable Instruments Act. 9. The complainant submits that aforesaid cheque/s was presented for encashment
within the period of its validity and the statutory notice to the Accused was issued within the stipulated time and the present Complaint filed within the prescribed time as provided under provisions of the Negotiable Instruments Act. The Complainant submits that the Accused thus committed an offence punishable under section 138 read with Section 141 and 142 of the Negotiable Instruments Act. 10. The complainant submits that the complainant bank branch office is situated at
Ranigunj under the limits of Mahankali Police Station, which falls well within the jurisdiction of this Honble Court as such this Honble Court has got jurisdiction to entertain present complaint. 11. The complainant submits that the Complainant Bankhas not filed any case under
138 N.I. Act against this accused in any court except seeking the relief under this complaint in so for as the cheque/s involved in this case are concerned. It is therefore prayed that this Honble Court may be pleased to a) take cognizance of the offences committed by the Accused and issue stringent process against the Accused and try and punish the Accused in accordance with the Law for the offence committed by him; award double the cheque amount as compensation to the complainant. award fine and Pass such other order or orders that this Honble Court may deem fit and proper in the circumstances of the case. Complainant Counsel for Complainant.
b) c) d)
Dated: .2011
59
:: 4 :: VERIFICATION: I C Varun Prajna Vardha, S/o C Venkat Rao, aged 29 years, Manager-Legal in the complainant Bank r/o Hyderabad do hereby declare and verify that the above contents of the paras are true and correct to the best of my knowledge and belief, hence verified the same on this the day of 2010 at Hyderabad.
Complainant
LIST OF DOCUMENTS
Cheque no 0
19.07.2011 22.07.2011
59
59
Address for service: No.11, Madhukunj Apts., 1st floor, S.P.Road, Secunderabad. Counsel for Complainant.
59
IN THE COURT OF THE XI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT SECUNDERABAD C.C.NO. OF 2011 Between: M/s. HDFC BANK ... Complainant AND SRINIVAS ... Accused I, C Varun Prajna Vardha, S/o C Venkat Rao, aged 29 years, Manager-Legal, in the Complainant Bankr/o Hyderabad, do hereby appoint and retain M/s M.V.KINI A.Laxminarayana Arun Kumar Burra N. Sudershan Setty Bhasker Rao Pradeep Kondaiah Vimala Prashanthi Raghavender Advocates Advocate/s to appear for me/us in the above Suit/Appeal/Petition/Case and to conduct and prosecute or defend the same and all proceedings that may be taken in respect of any application for execution of any decree or order passed therein. I/We empower my/our Advocate/s to appear in all miscellaneous proceedings in the above suit or matter till all decrees or order are fully satisfied, or adjusted, to compromise and obtain the return of documents and draw any money that might be payable to me/us in the said suit or matter and I/We do further empower my/our Advocate/s to accept on my/our behalf service of notice of all or any appeal or petition filed in any court or appeal Reference or Revision with regard to the said suit or matter before disposal of the same in Honourable Court.
I certified that the executant who is well acquainted with English, read this Vakalatnama that the contents of this Vakalatnama were read out and explained in Urdu/Hindi/Telugu to the executant he/she/they being unacquainted with English, who appeared perfectly to understand the same and signed or put his/her/their name or mark in my presence. Identified by Sri A.Laxmi Narayana, Advocate Executed on .2011 ADVOCATE
59
IN THE COURT OF THE XI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT SECUNDERABAD C.C NO. OF 2011
VAKALAT ACCEPTED
FILED ON: .2011 Filed by: M.V.KINI & CO., Counsel for Complainant. -----------------------------Address for Service: M.V.KINI & CO., Advocates and Solicitors No.11,Madhukunj Apartments, Opp. City Civil Court, Sardar Patel Road, SECUNDERABAD 500 003.
90
IN THE COURT OF XI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT SECUNDERABAD CC NO. OF 2011 BETWEEN : HDFC BANK having its Regestred Office at HDFC Bank house, Senapathi, Bapat marg, Lower parel, Mumbai 40013 and one of its branch office at 5-4-94 to 97, Lala lane mark M.G.Road, Ranigunj, Secunderabad, rep. by its Power of Attorney Holder Sri C Varun Prajna Vardha S/o C Venkat Rao, aged 29 years, Manager-Legal. AND LINGAPPA K S/o./W/o.NARASIMHA K, Age : 29, R/o.H.NO.8-3-228/1280/506/A, 1 ST FLOOR, JAWAHAR NAGAR, YOUSUFGUDA, BESIDE KRISHNA KANTH PARK, HYDERABAD500045. ...Accused.
..Complainant
COMPLAINT U/S 138 & 142 OF NEGOTIABLE INSTRUMENTS ACT, 1881 ( AS AMENDED UP TO DATE AND SECTION 200 OF Cr.P.C) Nature of Offence Date of Offence : U/s.138 of N.I.Act for dishonour of Cheque. : Cheque date Memo date Notice date Ack or Retn Cover 15.03.2011 01.07.2011 19.07.2011
Jurisdiction
: P.S. Mahankali (complainant bank branch office is situated at Ranigunj) : 1) Branch Manager of Accuseds Bank. 2) Branch Manager of Complainants Bank.
List of Witnesses
MAY IT PLEASE YOUR HONOUR 1. The Complainant is a scheduled Bank following the due norms and regulations
set by the RBI and is engaged in the business of Banking services such as collecting deposits from the customers and facilitate, loans to borrowers on interest through its various Branches including the Branch situated at 5-4-94 to 97, Lala lane mark M.G.Road, Ranigunj, Secunderabad.
90
::2:: 2. Our client represents that by virtue of the order passed by the Reserve Bank of
India on 20.05.2008 the M/s. CENTURION BANK OF PUNJAB LIMITED amalgamated with our client and all its business, rights and liabilities were transferred to our client as per the amalgamation procedure. 3. The Complainant is a scheduled Bank and is represented by its Power of
Attorney holder Sri C Varun Prajna Vardha, S/o.C Venkat Rao, Age : 29 Yrs., ManagerLegal, authorized to represent on behalf of the complainant and is fully aware of the facts of the case and is competent to represent before this Honble Court on behalf of the Complainant Bank vide General Power of Attorney dated 04.07.2011. 4. The Accused approached the Complainant Bankfor financial assistance and
requested for personal loanand assured that the loan amount so granted will be repaid together with interest in monthly installments on due dates. Considering the request of Accused and relying upon the representations, the Complainant bank granted personal loan of Rs.184971/- on 19-Sep-07 as requested by the accused vide Loan Account No.91763153, after execution of necessary documents in favour of the complainant and the accused received the said loan amount from the complainant and agreed to repay the loan amount along with interest in 60 equated monthly installments of Rs.4667/each. 5. The complainant submits that in partial discharge of Accuseds legal liability/debt,
issued the following cheque/s in favour of the Complainant towards repayment of the Loan amount. The details of the cheque/s given below. Cheque No. 0 Date 15.03.2011 Drawn on CBOP LTD TOTAL Amount( Rs ) 28002 28002
6.
The aforesaid Cheque/s when presented for realization in the Accuseds Bank,
the same were returned unpaid for the reasons INSUFFICIENT FUNDS vide Bank memos dated 01.07.2011, . The aforesaid cheque/s was given to the Complainant towards discharge and repayment of debt legally due to the Complainant.
90
7.
The Complainant bank therefore got issued a legal notice dated 19.07.2011
through its counsel to the accused, demanding payment of loan amount covered under the dishonored cheque/s within 15 days from the date of receipt of the notice and the same was Await on . 8. The Complainant states that the aforesaid cheque/s amounting to Rs.28002/-
was issued by the Accused in discharge of its legal debt /liability towards the repayment of the amount which were due and payable to the Complainant under the said Loan Agreement. The Accused has, thus committed an offence punishable under Section 138 read with Section 142 of the Negotiable Instrument Act, on account of failure to make the payment of the dishonored cheque/s by the Accused within the prescribed time, as has been provided under Section 138 (c) of the Negotiable Instruments Act. 9. The complainant submits that aforesaid cheque/s was presented for encashment
within the period of its validity and the statutory notice to the Accused was issued within the stipulated time and the present Complaint filed within the prescribed time as provided under provisions of the Negotiable Instruments Act. The Complainant submits that the Accused thus committed an offence punishable under section 138 read with Section 141 and 142 of the Negotiable Instruments Act. 10. The complainant submits that the complainant bank branch office is situated at
Ranigunj under the limits of Mahankali Police Station, which falls well within the jurisdiction of this Honble Court as such this Honble Court has got jurisdiction to entertain present complaint. 11. The complainant submits that the Complainant Bankhas not filed any case under
138 N.I. Act against this accused in any court except seeking the relief under this complaint in so for as the cheque/s involved in this case are concerned. It is therefore prayed that this Honble Court may be pleased to a) take cognizance of the offences committed by the Accused and issue stringent process against the Accused and try and punish the Accused in accordance with the Law for the offence committed by him; award double the cheque amount as compensation to the complainant. award fine and Pass such other order or orders that this Honble Court may deem fit and proper in the circumstances of the case. Complainant Counsel for Complainant.
b) c) d)
Dated: .2011
90
:: 4 :: VERIFICATION: I C Varun Prajna Vardha, S/o C Venkat Rao, aged 29 years, Manager-Legal in the complainant Bank r/o Hyderabad do hereby declare and verify that the above contents of the paras are true and correct to the best of my knowledge and belief, hence verified the same on this the day of 2010 at Hyderabad.
Complainant
LIST OF DOCUMENTS
Cheque no 0
19.07.2011 22.07.2011
90
90
Address for service: No.11, Madhukunj Apts., 1st floor, S.P.Road, Secunderabad. Counsel for Complainant.
90
IN THE COURT OF THE XI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT SECUNDERABAD C.C.NO. OF 2011 Between: M/s. HDFC BANK ... Complainant AND LINGAPPA K ... Accused I, C Varun Prajna Vardha, S/o C Venkat Rao, aged 29 years, Manager-Legal, in the Complainant Bankr/o Hyderabad, do hereby appoint and retain M/s M.V.KINI A.Laxminarayana Arun Kumar Burra N. Sudershan Setty Bhasker Rao Pradeep Kondaiah Vimala Prashanthi Raghavender Advocates Advocate/s to appear for me/us in the above Suit/Appeal/Petition/Case and to conduct and prosecute or defend the same and all proceedings that may be taken in respect of any application for execution of any decree or order passed therein. I/We empower my/our Advocate/s to appear in all miscellaneous proceedings in the above suit or matter till all decrees or order are fully satisfied, or adjusted, to compromise and obtain the return of documents and draw any money that might be payable to me/us in the said suit or matter and I/We do further empower my/our Advocate/s to accept on my/our behalf service of notice of all or any appeal or petition filed in any court or appeal Reference or Revision with regard to the said suit or matter before disposal of the same in Honourable Court.
I certified that the executant who is well acquainted with English, read this Vakalatnama that the contents of this Vakalatnama were read out and explained in Urdu/Hindi/Telugu to the executant he/she/they being unacquainted with English, who appeared perfectly to understand the same and signed or put his/her/their name or mark in my presence. Identified by Sri A.Laxmi Narayana, Advocate Executed on .2011 ADVOCATE
90
IN THE COURT OF THE XI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT SECUNDERABAD C.C NO. OF 2011
VAKALAT ACCEPTED
FILED ON: .2011 Filed by: M.V.KINI & CO., Counsel for Complainant. -----------------------------Address for Service: M.V.KINI & CO., Advocates and Solicitors No.11,Madhukunj Apartments, Opp. City Civil Court, Sardar Patel Road, SECUNDERABAD 500 003.
92
IN THE COURT OF XI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT SECUNDERABAD CC NO. OF 2011 BETWEEN : HDFC BANK having its Regestred Office at HDFC Bank house, Senapathi, Bapat marg, Lower parel, Mumbai 40013 and one of its branch office at 5-4-94 to 97, Lala lane mark M.G.Road, Ranigunj, Secunderabad, rep. by its Power of Attorney Holder Sri C Varun Prajna Vardha S/o C Venkat Rao, aged 29 years, Manager-Legal. AND PAVANKUMAR WAGMARY S/o./W/o.SHANKER RAO, Age : 43, R/o.PLOT NO.9 & 10, GAUTAMI NAGAR, VANASTHALIPURAM, NR MALIKARJUNA TIMBER DEPO, HYDERABAD-500070. ...Accused.
..Complainant
COMPLAINT U/S 138 & 142 OF NEGOTIABLE INSTRUMENTS ACT, 1881 ( AS AMENDED UP TO DATE AND SECTION 200 OF Cr.P.C) Nature of Offence Date of Offence : U/s.138 of N.I.Act for dishonour of Cheque. : Cheque date Memo date Notice date Ack or Retn Cover 15.03.2011 01.07.2011 19.07.2011
Jurisdiction
: P.S. Mahankali (complainant bank branch office is situated at Ranigunj) : 1) Branch Manager of Accuseds Bank. 2) Branch Manager of Complainants Bank.
List of Witnesses
MAY IT PLEASE YOUR HONOUR 1. The Complainant is a scheduled Bank following the due norms and regulations
set by the RBI and is engaged in the business of Banking services such as collecting deposits from the customers and facilitate, loans to borrowers on interest through its various Branches including the Branch situated at 5-4-94 to 97, Lala lane mark M.G.Road, Ranigunj, Secunderabad.
92
::2:: 2. Our client represents that by virtue of the order passed by the Reserve Bank of
India on 20.05.2008 the M/s. CENTURION BANK OF PUNJAB LIMITED amalgamated with our client and all its business, rights and liabilities were transferred to our client as per the amalgamation procedure. 3. The Complainant is a scheduled Bank and is represented by its Power of
Attorney holder Sri C Varun Prajna Vardha, S/o.C Venkat Rao, Age : 29 Yrs., ManagerLegal, authorized to represent on behalf of the complainant and is fully aware of the facts of the case and is competent to represent before this Honble Court on behalf of the Complainant Bank vide General Power of Attorney dated 04.07.2011. 4. The Accused approached the Complainant Bankfor financial assistance and
requested for personal loanand assured that the loan amount so granted will be repaid together with interest in monthly installments on due dates. Considering the request of Accused and relying upon the representations, the Complainant bank granted personal loan of Rs.267500/- on 4-Sep-07 as requested by the accused vide Loan Account No.91712884, after execution of necessary documents in favour of the complainant and the accused received the said loan amount from the complainant and agreed to repay the loan amount along with interest in 60 equated monthly installments of Rs.6750/each. 5. The complainant submits that in partial discharge of Accuseds legal liability/debt,
issued the following cheque/s in favour of the Complainant towards repayment of the Loan amount. The details of the cheque/s given below. Cheque No. 0 Date 15.03.2011 Drawn on CBOP LTD TOTAL Amount( Rs ) 40500 40500
6.
The aforesaid Cheque/s when presented for realization in the Accuseds Bank,
the same were returned unpaid for the reasons INSUFFICIENT FUNDS vide Bank memos dated 01.07.2011, . The aforesaid cheque/s was given to the Complainant towards discharge and repayment of debt legally due to the Complainant.
92
7.
The Complainant bank therefore got issued a legal notice dated 19.07.2011
through its counsel to the accused, demanding payment of loan amount covered under the dishonored cheque/s within 15 days from the date of receipt of the notice and the same was Await on . 8. The Complainant states that the aforesaid cheque/s amounting to Rs.40500/-
was issued by the Accused in discharge of its legal debt /liability towards the repayment of the amount which were due and payable to the Complainant under the said Loan Agreement. The Accused has, thus committed an offence punishable under Section 138 read with Section 142 of the Negotiable Instrument Act, on account of failure to make the payment of the dishonored cheque/s by the Accused within the prescribed time, as has been provided under Section 138 (c) of the Negotiable Instruments Act. 9. The complainant submits that aforesaid cheque/s was presented for encashment
within the period of its validity and the statutory notice to the Accused was issued within the stipulated time and the present Complaint filed within the prescribed time as provided under provisions of the Negotiable Instruments Act. The Complainant submits that the Accused thus committed an offence punishable under section 138 read with Section 141 and 142 of the Negotiable Instruments Act. 10. The complainant submits that the complainant bank branch office is situated at
Ranigunj under the limits of Mahankali Police Station, which falls well within the jurisdiction of this Honble Court as such this Honble Court has got jurisdiction to entertain present complaint. 11. The complainant submits that the Complainant Bankhas not filed any case under
138 N.I. Act against this accused in any court except seeking the relief under this complaint in so for as the cheque/s involved in this case are concerned. It is therefore prayed that this Honble Court may be pleased to a) take cognizance of the offences committed by the Accused and issue stringent process against the Accused and try and punish the Accused in accordance with the Law for the offence committed by him; award double the cheque amount as compensation to the complainant. award fine and Pass such other order or orders that this Honble Court may deem fit and proper in the circumstances of the case. Complainant Counsel for Complainant.
b) c) d)
Dated: .2011
92
:: 4 :: VERIFICATION: I C Varun Prajna Vardha, S/o C Venkat Rao, aged 29 years, Manager-Legal in the complainant Bank r/o Hyderabad do hereby declare and verify that the above contents of the paras are true and correct to the best of my knowledge and belief, hence verified the same on this the day of 2010 at Hyderabad.
Complainant
LIST OF DOCUMENTS
Cheque no 0
19.07.2011 22.07.2011
92
92
Address for service: No.11, Madhukunj Apts., 1st floor, S.P.Road, Secunderabad. Counsel for Complainant.
92
IN THE COURT OF THE XI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT SECUNDERABAD C.C.NO. OF 2011 Between: M/s. HDFC BANK ... Complainant AND PAVANKUMAR WAGMARY ... Accused I, C Varun Prajna Vardha, S/o C Venkat Rao, aged 29 years, Manager-Legal, in the Complainant Bankr/o Hyderabad, do hereby appoint and retain M/s M.V.KINI A.Laxminarayana Arun Kumar Burra N. Sudershan Setty Bhasker Rao Pradeep Kondaiah Vimala Prashanthi Raghavender Advocates Advocate/s to appear for me/us in the above Suit/Appeal/Petition/Case and to conduct and prosecute or defend the same and all proceedings that may be taken in respect of any application for execution of any decree or order passed therein. I/We empower my/our Advocate/s to appear in all miscellaneous proceedings in the above suit or matter till all decrees or order are fully satisfied, or adjusted, to compromise and obtain the return of documents and draw any money that might be payable to me/us in the said suit or matter and I/We do further empower my/our Advocate/s to accept on my/our behalf service of notice of all or any appeal or petition filed in any court or appeal Reference or Revision with regard to the said suit or matter before disposal of the same in Honourable Court.
I certified that the executant who is well acquainted with English, read this Vakalatnama that the contents of this Vakalatnama were read out and explained in Urdu/Hindi/Telugu to the executant he/she/they being unacquainted with English, who appeared perfectly to understand the same and signed or put his/her/their name or mark in my presence. Identified by Sri A.Laxmi Narayana, Advocate Executed on .2011 ADVOCATE
92
IN THE COURT OF THE XI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT SECUNDERABAD C.C NO. OF 2011
VAKALAT ACCEPTED
FILED ON: .2011 Filed by: M.V.KINI & CO., Counsel for Complainant. -----------------------------Address for Service: M.V.KINI & CO., Advocates and Solicitors No.11,Madhukunj Apartments, Opp. City Civil Court, Sardar Patel Road, SECUNDERABAD 500 003.
104
IN THE COURT OF XI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT SECUNDERABAD CC NO. OF 2011 BETWEEN : HDFC BANK having its Regestred Office at HDFC Bank house, Senapathi, Bapat marg, Lower parel, Mumbai 40013 and one of its branch office at 5-4-94 to 97, Lala lane mark M.G.Road, Ranigunj, Secunderabad, rep. by its Power of Attorney Holder Sri C Varun Prajna Vardha S/o C Venkat Rao, aged 29 years, Manager-Legal. AND MOHAMMED JAMEELUDDIN S/o./W/o.MOHAMMED SHAMSHUDDIN, Age : 40, R/o.H.NO.8-4-371/176, PRABHATH NAGAR, BORABANDA, HYDERABAD-500018. ...Accused.
..Complainant
COMPLAINT U/S 138 & 142 OF NEGOTIABLE INSTRUMENTS ACT, 1881 ( AS AMENDED UP TO DATE AND SECTION 200 OF Cr.P.C) Nature of Offence Date of Offence : U/s.138 of N.I.Act for dishonour of Cheque. : Cheque date Memo date Notice date Ack or Retn Cover 15.03.2011 01.07.2011 19.07.2011
Jurisdiction
: P.S. Mahankali (complainant bank branch office is situated at Ranigunj) : 1) Branch Manager of Accuseds Bank. 2) Branch Manager of Complainants Bank.
List of Witnesses
MAY IT PLEASE YOUR HONOUR 1. The Complainant is a scheduled Bank following the due norms and regulations
set by the RBI and is engaged in the business of Banking services such as collecting deposits from the customers and facilitate, loans to borrowers on interest through its various Branches including the Branch situated at 5-4-94 to 97, Lala lane mark M.G.Road, Ranigunj, Secunderabad.
104
::2:: 2. Our client represents that by virtue of the order passed by the Reserve Bank of
India on 20.05.2008 the M/s. CENTURION BANK OF PUNJAB LIMITED amalgamated with our client and all its business, rights and liabilities were transferred to our client as per the amalgamation procedure. 3. The Complainant is a scheduled Bank and is represented by its Power of
Attorney holder Sri C Varun Prajna Vardha, S/o.C Venkat Rao, Age : 29 Yrs., ManagerLegal, authorized to represent on behalf of the complainant and is fully aware of the facts of the case and is competent to represent before this Honble Court on behalf of the Complainant Bank vide General Power of Attorney dated 04.07.2011. 4. The Accused approached the Complainant Bankfor financial assistance and
requested for personal loanand assured that the loan amount so granted will be repaid together with interest in monthly installments on due dates. Considering the request of Accused and relying upon the representations, the Complainant bank granted personal loan of Rs.158580/- on 2-Dec-06 as requested by the accused vide Loan Account No.91138428, after execution of necessary documents in favour of the complainant and the accused received the said loan amount from the complainant and agreed to repay the loan amount along with interest in 48 equated monthly installments of Rs.4722/each. 5. The complainant submits that in partial discharge of Accuseds legal liability/debt,
issued the following cheque/s in favour of the Complainant towards repayment of the Loan amount. The details of the cheque/s given below. Cheque No. 57489 Date 15.03.2011 Drawn on ICICI TOTAL Amount( Rs ) 123605 123605
6.
The aforesaid Cheque/s when presented for realization in the Accuseds Bank,
the same were returned unpaid for the reasons INSUFFICIENT FUNDS vide Bank memos dated 01.07.2011, . The aforesaid cheque/s was given to the Complainant towards discharge and repayment of debt legally due to the Complainant.
104
7.
The Complainant bank therefore got issued a legal notice dated 19.07.2011
through its counsel to the accused, demanding payment of loan amount covered under the dishonored cheque/s within 15 days from the date of receipt of the notice and the same was Await on . 8. The Complainant states that the aforesaid cheque/s amounting to Rs.123605/-
was issued by the Accused in discharge of its legal debt /liability towards the repayment of the amount which were due and payable to the Complainant under the said Loan Agreement. The Accused has, thus committed an offence punishable under Section 138 read with Section 142 of the Negotiable Instrument Act, on account of failure to make the payment of the dishonored cheque/s by the Accused within the prescribed time, as has been provided under Section 138 (c) of the Negotiable Instruments Act. 9. The complainant submits that aforesaid cheque/s was presented for encashment
within the period of its validity and the statutory notice to the Accused was issued within the stipulated time and the present Complaint filed within the prescribed time as provided under provisions of the Negotiable Instruments Act. The Complainant submits that the Accused thus committed an offence punishable under section 138 read with Section 141 and 142 of the Negotiable Instruments Act. 10. The complainant submits that the complainant bank branch office is situated at
Ranigunj under the limits of Mahankali Police Station, which falls well within the jurisdiction of this Honble Court as such this Honble Court has got jurisdiction to entertain present complaint. 11. The complainant submits that the Complainant Bankhas not filed any case under
138 N.I. Act against this accused in any court except seeking the relief under this complaint in so for as the cheque/s involved in this case are concerned. It is therefore prayed that this Honble Court may be pleased to a) take cognizance of the offences committed by the Accused and issue stringent process against the Accused and try and punish the Accused in accordance with the Law for the offence committed by him; award double the cheque amount as compensation to the complainant. award fine and Pass such other order or orders that this Honble Court may deem fit and proper in the circumstances of the case. Complainant Counsel for Complainant.
b) c) d)
Dated: .2011
104
:: 4 :: VERIFICATION: I C Varun Prajna Vardha, S/o C Venkat Rao, aged 29 years, Manager-Legal in the complainant Bank r/o Hyderabad do hereby declare and verify that the above contents of the paras are true and correct to the best of my knowledge and belief, hence verified the same on this the day of 2010 at Hyderabad.
Complainant
LIST OF DOCUMENTS
Cheque no 57489
19.07.2011 22.07.2011
104
104
Address for service: No.11, Madhukunj Apts., 1st floor, S.P.Road, Secunderabad. Counsel for Complainant.
104
IN THE COURT OF THE XI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT SECUNDERABAD C.C.NO. OF 2011 Between: M/s. HDFC BANK ... Complainant AND MOHAMMED JAMEELUDDIN ... Accused I, C Varun Prajna Vardha, S/o C Venkat Rao, aged 29 years, Manager-Legal, in the Complainant Bankr/o Hyderabad, do hereby appoint and retain M/s M.V.KINI A.Laxminarayana Arun Kumar Burra N. Sudershan Setty Bhasker Rao Pradeep Kondaiah Vimala Prashanthi Raghavender Advocates Advocate/s to appear for me/us in the above Suit/Appeal/Petition/Case and to conduct and prosecute or defend the same and all proceedings that may be taken in respect of any application for execution of any decree or order passed therein. I/We empower my/our Advocate/s to appear in all miscellaneous proceedings in the above suit or matter till all decrees or order are fully satisfied, or adjusted, to compromise and obtain the return of documents and draw any money that might be payable to me/us in the said suit or matter and I/We do further empower my/our Advocate/s to accept on my/our behalf service of notice of all or any appeal or petition filed in any court or appeal Reference or Revision with regard to the said suit or matter before disposal of the same in Honourable Court.
I certified that the executant who is well acquainted with English, read this Vakalatnama that the contents of this Vakalatnama were read out and explained in Urdu/Hindi/Telugu to the executant he/she/they being unacquainted with English, who appeared perfectly to understand the same and signed or put his/her/their name or mark in my presence. Identified by Sri A.Laxmi Narayana, Advocate Executed on .2011 ADVOCATE
104
IN THE COURT OF THE XI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT SECUNDERABAD C.C NO. OF 2011
VAKALAT ACCEPTED
FILED ON: .2011 Filed by: M.V.KINI & CO., Counsel for Complainant. -----------------------------Address for Service: M.V.KINI & CO., Advocates and Solicitors No.11,Madhukunj Apartments, Opp. City Civil Court, Sardar Patel Road, SECUNDERABAD 500 003.
155
IN THE COURT OF XI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT SECUNDERABAD CC NO. OF 2011 BETWEEN : HDFC BANK having its Regestred Office at HDFC Bank house, Senapathi, Bapat marg, Lower parel, Mumbai 40013 and one of its branch office at 5-4-94 to 97, Lala lane mark M.G.Road, Ranigunj, Secunderabad, rep. by its Power of Attorney Holder Sri C Varun Prajna Vardha S/o C Venkat Rao, aged 29 years, Manager-Legal. AND CHANARTHI SRINIVAS S/o./W/o.GOPALAN, Age : 31, R/o.H.NO: 1-2-91, KAKATHIYA NAGAR, HABSIGUDA, UPPAL, HYDERABAD-500007. ...Accused.
..Complainant
COMPLAINT U/S 138 & 142 OF NEGOTIABLE INSTRUMENTS ACT, 1881 ( AS AMENDED UP TO DATE AND SECTION 200 OF Cr.P.C) Nature of Offence Date of Offence : U/s.138 of N.I.Act for dishonour of Cheque. : Cheque date Memo date Notice date Ack or Retn Cover 15.03.2011 01.07.2011 19.07.2011
Jurisdiction
: P.S. Mahankali (complainant bank branch office is situated at Ranigunj) : 1) Branch Manager of Accuseds Bank. 2) Branch Manager of Complainants Bank.
List of Witnesses
MAY IT PLEASE YOUR HONOUR 1. The Complainant is a scheduled Bank following the due norms and regulations
set by the RBI and is engaged in the business of Banking services such as collecting deposits from the customers and facilitate, loans to borrowers on interest through its various Branches including the Branch situated at 5-4-94 to 97, Lala lane mark M.G.Road, Ranigunj, Secunderabad.
155
::2:: 2. Our client represents that by virtue of the order passed by the Reserve Bank of
India on 20.05.2008 the M/s. CENTURION BANK OF PUNJAB LIMITED amalgamated with our client and all its business, rights and liabilities were transferred to our client as per the amalgamation procedure. 3. The Complainant is a scheduled Bank and is represented by its Power of
Attorney holder Sri C Varun Prajna Vardha, S/o.C Venkat Rao, Age : 29 Yrs., ManagerLegal, authorized to represent on behalf of the complainant and is fully aware of the facts of the case and is competent to represent before this Honble Court on behalf of the Complainant Bank vide General Power of Attorney dated 04.07.2011. 4. The Accused approached the Complainant Bankfor financial assistance and
requested for personal loanand assured that the loan amount so granted will be repaid together with interest in monthly installments on due dates. Considering the request of Accused and relying upon the representations, the Complainant bank granted personal loan of Rs.200000/- on 11-Sep-06 as requested by the accused vide Loan Account No.90039811, after execution of necessary documents in favour of the complainant and the accused received the said loan amount from the complainant and agreed to repay the loan amount along with interest in 36 equated monthly installments of Rs.7638/each. 5. The complainant submits that in partial discharge of Accuseds legal liability/debt,
issued the following cheque/s in favour of the Complainant towards repayment of the Loan amount. The details of the cheque/s given below. Cheque No. 54876 Date 15.03.2011 Drawn on SBH TOTAL Amount( Rs ) 45828 45828
6.
The aforesaid Cheque/s when presented for realization in the Accuseds Bank,
the same were returned unpaid for the reasons INSUFFICIENT FUNDS vide Bank memos dated 01.07.2011, . The aforesaid cheque/s was given to the Complainant towards discharge and repayment of debt legally due to the Complainant.
155
7.
The Complainant bank therefore got issued a legal notice dated 19.07.2011
through its counsel to the accused, demanding payment of loan amount covered under the dishonored cheque/s within 15 days from the date of receipt of the notice and the same was Await on . 8. The Complainant states that the aforesaid cheque/s amounting to Rs.45828/-
was issued by the Accused in discharge of its legal debt /liability towards the repayment of the amount which were due and payable to the Complainant under the said Loan Agreement. The Accused has, thus committed an offence punishable under Section 138 read with Section 142 of the Negotiable Instrument Act, on account of failure to make the payment of the dishonored cheque/s by the Accused within the prescribed time, as has been provided under Section 138 (c) of the Negotiable Instruments Act. 9. The complainant submits that aforesaid cheque/s was presented for encashment
within the period of its validity and the statutory notice to the Accused was issued within the stipulated time and the present Complaint filed within the prescribed time as provided under provisions of the Negotiable Instruments Act. The Complainant submits that the Accused thus committed an offence punishable under section 138 read with Section 141 and 142 of the Negotiable Instruments Act. 10. The complainant submits that the complainant bank branch office is situated at
Ranigunj under the limits of Mahankali Police Station, which falls well within the jurisdiction of this Honble Court as such this Honble Court has got jurisdiction to entertain present complaint. 11. The complainant submits that the Complainant Bankhas not filed any case under
138 N.I. Act against this accused in any court except seeking the relief under this complaint in so for as the cheque/s involved in this case are concerned. It is therefore prayed that this Honble Court may be pleased to a) take cognizance of the offences committed by the Accused and issue stringent process against the Accused and try and punish the Accused in accordance with the Law for the offence committed by him; award double the cheque amount as compensation to the complainant. award fine and Pass such other order or orders that this Honble Court may deem fit and proper in the circumstances of the case. Complainant Counsel for Complainant.
b) c) d)
Dated: .2011
155
:: 4 :: VERIFICATION: I C Varun Prajna Vardha, S/o C Venkat Rao, aged 29 years, Manager-Legal in the complainant Bank r/o Hyderabad do hereby declare and verify that the above contents of the paras are true and correct to the best of my knowledge and belief, hence verified the same on this the day of 2010 at Hyderabad.
Complainant
LIST OF DOCUMENTS
Cheque no 54876
19.07.2011 22.07.2011
155
155
Address for service: No.11, Madhukunj Apts., 1st floor, S.P.Road, Secunderabad. Counsel for Complainant.
155
IN THE COURT OF THE XI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT SECUNDERABAD C.C.NO. OF 2011 Between: M/s. HDFC BANK ... Complainant AND CHANARTHI SRINIVAS ... Accused I, C Varun Prajna Vardha, S/o C Venkat Rao, aged 29 years, Manager-Legal, in the Complainant Bankr/o Hyderabad, do hereby appoint and retain M/s M.V.KINI A.Laxminarayana Arun Kumar Burra N. Sudershan Setty Bhasker Rao Pradeep Kondaiah Vimala Prashanthi Raghavender Advocates Advocate/s to appear for me/us in the above Suit/Appeal/Petition/Case and to conduct and prosecute or defend the same and all proceedings that may be taken in respect of any application for execution of any decree or order passed therein. I/We empower my/our Advocate/s to appear in all miscellaneous proceedings in the above suit or matter till all decrees or order are fully satisfied, or adjusted, to compromise and obtain the return of documents and draw any money that might be payable to me/us in the said suit or matter and I/We do further empower my/our Advocate/s to accept on my/our behalf service of notice of all or any appeal or petition filed in any court or appeal Reference or Revision with regard to the said suit or matter before disposal of the same in Honourable Court.
I certified that the executant who is well acquainted with English, read this Vakalatnama that the contents of this Vakalatnama were read out and explained in Urdu/Hindi/Telugu to the executant he/she/they being unacquainted with English, who appeared perfectly to understand the same and signed or put his/her/their name or mark in my presence. Identified by Sri A.Laxmi Narayana, Advocate Executed on .2011 ADVOCATE
155
IN THE COURT OF THE XI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT SECUNDERABAD C.C NO. OF 2011
VAKALAT ACCEPTED
FILED ON: .2011 Filed by: M.V.KINI & CO., Counsel for Complainant. -----------------------------Address for Service: M.V.KINI & CO., Advocates and Solicitors No.11,Madhukunj Apartments, Opp. City Civil Court, Sardar Patel Road, SECUNDERABAD 500 003.
156
IN THE COURT OF XI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT SECUNDERABAD CC NO. OF 2011 BETWEEN : HDFC BANK having its Regestred Office at HDFC Bank house, Senapathi, Bapat marg, Lower parel, Mumbai 40013 and one of its branch office at 5-4-94 to 97, Lala lane mark M.G.Road, Ranigunj, Secunderabad, rep. by its Power of Attorney Holder Sri C Varun Prajna Vardha S/o C Venkat Rao, aged 29 years, Manager-Legal. AND SRINIVAS P S/o./W/o., Age : 91, R/o.H NO 4-32-187, 3RD FLOOR 3RDD ROOM, HMT SOCIETY, SHAPUR NAGAR, IDA, JEEDIMETLA, HYDERABAD, SAI BABA TEMPLE, HYDERABAD-500055. ...Accused.
..Complainant
COMPLAINT U/S 138 & 142 OF NEGOTIABLE INSTRUMENTS ACT, 1881 ( AS AMENDED UP TO DATE AND SECTION 200 OF Cr.P.C) Nature of Offence Date of Offence : U/s.138 of N.I.Act for dishonour of Cheque. : Cheque date Memo date Notice date Ack or Retn Cover 15.03.2011 01.07.2011 19.07.2011
Jurisdiction
: P.S. Mahankali (complainant bank branch office is situated at Ranigunj) : 1) Branch Manager of Accuseds Bank. 2) Branch Manager of Complainants Bank.
List of Witnesses
MAY IT PLEASE YOUR HONOUR 1. The Complainant is a scheduled Bank following the due norms and regulations
set by the RBI and is engaged in the business of Banking services such as collecting deposits from the customers and facilitate, loans to borrowers on interest through its various Branches including the Branch situated at 5-4-94 to 97, Lala lane mark M.G.Road, Ranigunj, Secunderabad.
156
::2:: 2. Our client represents that by virtue of the order passed by the Reserve Bank of
India on 20.05.2008 the M/s. CENTURION BANK OF PUNJAB LIMITED amalgamated with our client and all its business, rights and liabilities were transferred to our client as per the amalgamation procedure. 3. The Complainant is a scheduled Bank and is represented by its Power of
Attorney holder Sri C Varun Prajna Vardha, S/o.C Venkat Rao, Age : 29 Yrs., ManagerLegal, authorized to represent on behalf of the complainant and is fully aware of the facts of the case and is competent to represent before this Honble Court on behalf of the Complainant Bank vide General Power of Attorney dated 04.07.2011. 4. The Accused approached the Complainant Bankfor financial assistance and
requested for personal loanand assured that the loan amount so granted will be repaid together with interest in monthly installments on due dates. Considering the request of Accused and relying upon the representations, the Complainant bank granted personal loan of Rs.100000/- on 20-Jul-05 as requested by the accused vide Loan Account No.90416084, after execution of necessary documents in favour of the complainant and the accused received the said loan amount from the complainant and agreed to repay the loan amount along with interest in 36 equated monthly installments of Rs.3830/each. 5. The complainant submits that in partial discharge of Accuseds legal liability/debt,
issued the following cheque/s in favour of the Complainant towards repayment of the Loan amount. The details of the cheque/s given below. Cheque No. 730947 Date 15.03.2011 Drawn on SBH TOTAL Amount( Rs ) 22920 22920
6.
The aforesaid Cheque/s when presented for realization in the Accuseds Bank,
the same were returned unpaid for the reasons INSUFFICIENT FUNDS vide Bank memos dated 01.07.2011, . The aforesaid cheque/s was given to the Complainant towards discharge and repayment of debt legally due to the Complainant.
156
7.
The Complainant bank therefore got issued a legal notice dated 19.07.2011
through its counsel to the accused, demanding payment of loan amount covered under the dishonored cheque/s within 15 days from the date of receipt of the notice and the same was Await on . 8. The Complainant states that the aforesaid cheque/s amounting to Rs.22920/-
was issued by the Accused in discharge of its legal debt /liability towards the repayment of the amount which were due and payable to the Complainant under the said Loan Agreement. The Accused has, thus committed an offence punishable under Section 138 read with Section 142 of the Negotiable Instrument Act, on account of failure to make the payment of the dishonored cheque/s by the Accused within the prescribed time, as has been provided under Section 138 (c) of the Negotiable Instruments Act. 9. The complainant submits that aforesaid cheque/s was presented for encashment
within the period of its validity and the statutory notice to the Accused was issued within the stipulated time and the present Complaint filed within the prescribed time as provided under provisions of the Negotiable Instruments Act. The Complainant submits that the Accused thus committed an offence punishable under section 138 read with Section 141 and 142 of the Negotiable Instruments Act. 10. The complainant submits that the complainant bank branch office is situated at
Ranigunj under the limits of Mahankali Police Station, which falls well within the jurisdiction of this Honble Court as such this Honble Court has got jurisdiction to entertain present complaint. 11. The complainant submits that the Complainant Bankhas not filed any case under
138 N.I. Act against this accused in any court except seeking the relief under this complaint in so for as the cheque/s involved in this case are concerned. It is therefore prayed that this Honble Court may be pleased to a) take cognizance of the offences committed by the Accused and issue stringent process against the Accused and try and punish the Accused in accordance with the Law for the offence committed by him; award double the cheque amount as compensation to the complainant. award fine and Pass such other order or orders that this Honble Court may deem fit and proper in the circumstances of the case. Complainant Counsel for Complainant.
b) c) d)
Dated: .2011
156
:: 4 :: VERIFICATION: I C Varun Prajna Vardha, S/o C Venkat Rao, aged 29 years, Manager-Legal in the complainant Bank r/o Hyderabad do hereby declare and verify that the above contents of the paras are true and correct to the best of my knowledge and belief, hence verified the same on this the day of 2010 at Hyderabad.
Complainant
LIST OF DOCUMENTS
Cheque no 730947
19.07.2011 22.07.2011
156
156
Address for service: No.11, Madhukunj Apts., 1st floor, S.P.Road, Secunderabad. Counsel for Complainant.
156
IN THE COURT OF THE XI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT SECUNDERABAD C.C.NO. OF 2011 Between: M/s. HDFC BANK ... Complainant AND SRINIVAS P ... Accused I, C Varun Prajna Vardha, S/o C Venkat Rao, aged 29 years, Manager-Legal, in the Complainant Bankr/o Hyderabad, do hereby appoint and retain M/s M.V.KINI A.Laxminarayana Arun Kumar Burra N. Sudershan Setty Bhasker Rao Pradeep Kondaiah Vimala Prashanthi Raghavender Advocates Advocate/s to appear for me/us in the above Suit/Appeal/Petition/Case and to conduct and prosecute or defend the same and all proceedings that may be taken in respect of any application for execution of any decree or order passed therein. I/We empower my/our Advocate/s to appear in all miscellaneous proceedings in the above suit or matter till all decrees or order are fully satisfied, or adjusted, to compromise and obtain the return of documents and draw any money that might be payable to me/us in the said suit or matter and I/We do further empower my/our Advocate/s to accept on my/our behalf service of notice of all or any appeal or petition filed in any court or appeal Reference or Revision with regard to the said suit or matter before disposal of the same in Honourable Court.
I certified that the executant who is well acquainted with English, read this Vakalatnama that the contents of this Vakalatnama were read out and explained in Urdu/Hindi/Telugu to the executant he/she/they being unacquainted with English, who appeared perfectly to understand the same and signed or put his/her/their name or mark in my presence. Identified by Sri A.Laxmi Narayana, Advocate Executed on .2011 ADVOCATE
156
IN THE COURT OF THE XI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT SECUNDERABAD C.C NO. OF 2011
VAKALAT ACCEPTED
FILED ON: .2011 Filed by: M.V.KINI & CO., Counsel for Complainant. -----------------------------Address for Service: M.V.KINI & CO., Advocates and Solicitors No.11,Madhukunj Apartments, Opp. City Civil Court, Sardar Patel Road, SECUNDERABAD 500 003.
162
IN THE COURT OF XI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT SECUNDERABAD CC NO. OF 2011 BETWEEN : HDFC BANK having its Regestred Office at HDFC Bank house, Senapathi, Bapat marg, Lower parel, Mumbai 40013 and one of its branch office at 5-4-94 to 97, Lala lane mark M.G.Road, Ranigunj, Secunderabad, rep. by its Power of Attorney Holder Sri C Varun Prajna Vardha S/o C Venkat Rao, aged 29 years, Manager-Legal. AND GANGISETTY RAJESWAR S/o./W/o., Age : 51, R/o.PLOT NO 159, VANASTHALIPURAM, NR SIVA SINDHU HIGH SCHOOL, HYDERABAD500070. ...Accused.
..Complainant
COMPLAINT U/S 138 & 142 OF NEGOTIABLE INSTRUMENTS ACT, 1881 ( AS AMENDED UP TO DATE AND SECTION 200 OF Cr.P.C) Nature of Offence Date of Offence : U/s.138 of N.I.Act for dishonour of Cheque. : Cheque date Memo date Notice date Ack or Retn Cover 15.03.2011 01.07.2011 19.07.2011
Jurisdiction
: P.S. Mahankali (complainant bank branch office is situated at Ranigunj) : 1) Branch Manager of Accuseds Bank. 2) Branch Manager of Complainants Bank.
List of Witnesses
MAY IT PLEASE YOUR HONOUR 1. The Complainant is a scheduled Bank following the due norms and regulations
set by the RBI and is engaged in the business of Banking services such as collecting deposits from the customers and facilitate, loans to borrowers on interest through its various Branches including the Branch situated at 5-4-94 to 97, Lala lane mark M.G.Road, Ranigunj, Secunderabad.
162
::2:: 2. Our client represents that by virtue of the order passed by the Reserve Bank of
India on 20.05.2008 the M/s. CENTURION BANK OF PUNJAB LIMITED amalgamated with our client and all its business, rights and liabilities were transferred to our client as per the amalgamation procedure. 3. The Complainant is a scheduled Bank and is represented by its Power of
Attorney holder Sri C Varun Prajna Vardha, S/o.C Venkat Rao, Age : 29 Yrs., ManagerLegal, authorized to represent on behalf of the complainant and is fully aware of the facts of the case and is competent to represent before this Honble Court on behalf of the Complainant Bank vide General Power of Attorney dated 04.07.2011. 4. The Accused approached the Complainant Bankfor financial assistance and
requested for personal loanand assured that the loan amount so granted will be repaid together with interest in monthly installments on due dates. Considering the request of Accused and relying upon the representations, the Complainant bank granted personal loan of Rs.138105/- on 23-Feb-06 as requested by the accused vide Loan Account No.90396225, after execution of necessary documents in favour of the complainant and the accused received the said loan amount from the complainant and agreed to repay the loan amount along with interest in 36 equated monthly installments of Rs.5132/each. 5. The complainant submits that in partial discharge of Accuseds legal liability/debt,
issued the following cheque/s in favour of the Complainant towards repayment of the Loan amount. The details of the cheque/s given below. Cheque No. 107088 Date 15.03.2011 Drawn on SBK TOTAL Amount( Rs ) 30792 30792
6.
The aforesaid Cheque/s when presented for realization in the Accuseds Bank,
the same were returned unpaid for the reasons INSUFFICIENT FUNDS vide Bank memos dated 01.07.2011, . The aforesaid cheque/s was given to the Complainant towards discharge and repayment of debt legally due to the Complainant.
162
7.
The Complainant bank therefore got issued a legal notice dated 19.07.2011
through its counsel to the accused, demanding payment of loan amount covered under the dishonored cheque/s within 15 days from the date of receipt of the notice and the same was Await on . 8. The Complainant states that the aforesaid cheque/s amounting to Rs.30792/-
was issued by the Accused in discharge of its legal debt /liability towards the repayment of the amount which were due and payable to the Complainant under the said Loan Agreement. The Accused has, thus committed an offence punishable under Section 138 read with Section 142 of the Negotiable Instrument Act, on account of failure to make the payment of the dishonored cheque/s by the Accused within the prescribed time, as has been provided under Section 138 (c) of the Negotiable Instruments Act. 9. The complainant submits that aforesaid cheque/s was presented for encashment
within the period of its validity and the statutory notice to the Accused was issued within the stipulated time and the present Complaint filed within the prescribed time as provided under provisions of the Negotiable Instruments Act. The Complainant submits that the Accused thus committed an offence punishable under section 138 read with Section 141 and 142 of the Negotiable Instruments Act. 10. The complainant submits that the complainant bank branch office is situated at
Ranigunj under the limits of Mahankali Police Station, which falls well within the jurisdiction of this Honble Court as such this Honble Court has got jurisdiction to entertain present complaint. 11. The complainant submits that the Complainant Bankhas not filed any case under
138 N.I. Act against this accused in any court except seeking the relief under this complaint in so for as the cheque/s involved in this case are concerned. It is therefore prayed that this Honble Court may be pleased to a) take cognizance of the offences committed by the Accused and issue stringent process against the Accused and try and punish the Accused in accordance with the Law for the offence committed by him; award double the cheque amount as compensation to the complainant. award fine and Pass such other order or orders that this Honble Court may deem fit and proper in the circumstances of the case. Complainant Counsel for Complainant.
b) c) d)
Dated: .2011
162
:: 4 :: VERIFICATION: I C Varun Prajna Vardha, S/o C Venkat Rao, aged 29 years, Manager-Legal in the complainant Bank r/o Hyderabad do hereby declare and verify that the above contents of the paras are true and correct to the best of my knowledge and belief, hence verified the same on this the day of 2010 at Hyderabad.
Complainant
LIST OF DOCUMENTS
Cheque no 107088
19.07.2011 22.07.2011
162
162
Address for service: No.11, Madhukunj Apts., 1st floor, S.P.Road, Secunderabad. Counsel for Complainant.
162
IN THE COURT OF THE XI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT SECUNDERABAD C.C.NO. OF 2011 Between: M/s. HDFC BANK ... Complainant AND GANGISETTY RAJESWAR ... Accused I, C Varun Prajna Vardha, S/o C Venkat Rao, aged 29 years, Manager-Legal, in the Complainant Bankr/o Hyderabad, do hereby appoint and retain M/s M.V.KINI A.Laxminarayana Arun Kumar Burra N. Sudershan Setty Bhasker Rao Pradeep Kondaiah Vimala Prashanthi Raghavender Advocates Advocate/s to appear for me/us in the above Suit/Appeal/Petition/Case and to conduct and prosecute or defend the same and all proceedings that may be taken in respect of any application for execution of any decree or order passed therein. I/We empower my/our Advocate/s to appear in all miscellaneous proceedings in the above suit or matter till all decrees or order are fully satisfied, or adjusted, to compromise and obtain the return of documents and draw any money that might be payable to me/us in the said suit or matter and I/We do further empower my/our Advocate/s to accept on my/our behalf service of notice of all or any appeal or petition filed in any court or appeal Reference or Revision with regard to the said suit or matter before disposal of the same in Honourable Court.
I certified that the executant who is well acquainted with English, read this Vakalatnama that the contents of this Vakalatnama were read out and explained in Urdu/Hindi/Telugu to the executant he/she/they being unacquainted with English, who appeared perfectly to understand the same and signed or put his/her/their name or mark in my presence. Identified by Sri A.Laxmi Narayana, Advocate Executed on .2011 ADVOCATE
162
IN THE COURT OF THE XI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT SECUNDERABAD C.C NO. OF 2011
VAKALAT ACCEPTED
FILED ON: .2011 Filed by: M.V.KINI & CO., Counsel for Complainant. -----------------------------Address for Service: M.V.KINI & CO., Advocates and Solicitors No.11,Madhukunj Apartments, Opp. City Civil Court, Sardar Patel Road, SECUNDERABAD 500 003.
163
IN THE COURT OF XI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT SECUNDERABAD CC NO. OF 2011 BETWEEN : HDFC BANK having its Regestred Office at HDFC Bank house, Senapathi, Bapat marg, Lower parel, Mumbai 40013 and one of its branch office at 5-4-94 to 97, Lala lane mark M.G.Road, Ranigunj, Secunderabad, rep. by its Power of Attorney Holder Sri C Varun Prajna Vardha S/o C Venkat Rao, aged 29 years, Manager-Legal. AND PITTA VIJAY PRASAD S/o./W/o.P SURYA PRAKASH, Age : 51, R/o.8-3-228/218, RAHAMATH NAGAR, NEAR YOUSUFGUDA, HYDERABAD-500045. ...Accused.
..Complainant
COMPLAINT U/S 138 & 142 OF NEGOTIABLE INSTRUMENTS ACT, 1881 ( AS AMENDED UP TO DATE AND SECTION 200 OF Cr.P.C) Nature of Offence Date of Offence : U/s.138 of N.I.Act for dishonour of Cheque. : Cheque date Memo date Notice date Ack or Retn Cover 15.03.2011 01.07.2011 19.07.2011
Jurisdiction
: P.S. Mahankali (complainant bank branch office is situated at Ranigunj) : 1) Branch Manager of Accuseds Bank. 2) Branch Manager of Complainants Bank.
List of Witnesses
MAY IT PLEASE YOUR HONOUR 1. The Complainant is a scheduled Bank following the due norms and regulations
set by the RBI and is engaged in the business of Banking services such as collecting deposits from the customers and facilitate, loans to borrowers on interest through its various Branches including the Branch situated at 5-4-94 to 97, Lala lane mark M.G.Road, Ranigunj, Secunderabad.
163
::2:: 2. Our client represents that by virtue of the order passed by the Reserve Bank of
India on 20.05.2008 the M/s. CENTURION BANK OF PUNJAB LIMITED amalgamated with our client and all its business, rights and liabilities were transferred to our client as per the amalgamation procedure. 3. The Complainant is a scheduled Bank and is represented by its Power of
Attorney holder Sri C Varun Prajna Vardha, S/o.C Venkat Rao, Age : 29 Yrs., ManagerLegal, authorized to represent on behalf of the complainant and is fully aware of the facts of the case and is competent to represent before this Honble Court on behalf of the Complainant Bank vide General Power of Attorney dated 04.07.2011. 4. The Accused approached the Complainant Bankfor financial assistance and
requested for personal loanand assured that the loan amount so granted will be repaid together with interest in monthly installments on due dates. Considering the request of Accused and relying upon the representations, the Complainant bank granted personal loan of Rs.115770/- on 19-Jul-07 as requested by the accused vide Loan Account No.91652772, after execution of necessary documents in favour of the complainant and the accused received the said loan amount from the complainant and agreed to repay the loan amount along with interest in 60 equated monthly installments of Rs.3567/each. 5. The complainant submits that in partial discharge of Accuseds legal liability/debt,
issued the following cheque/s in favour of the Complainant towards repayment of the Loan amount. The details of the cheque/s given below. Cheque No. 51613 Date 15.03.2011 Drawn on PNB TOTAL Amount( Rs ) 21402 21402
6.
The aforesaid Cheque/s when presented for realization in the Accuseds Bank,
the same were returned unpaid for the reasons INSUFFICIENT FUNDS vide Bank memos dated 01.07.2011, . The aforesaid cheque/s was given to the Complainant towards discharge and repayment of debt legally due to the Complainant.
163
7.
The Complainant bank therefore got issued a legal notice dated 19.07.2011
through its counsel to the accused, demanding payment of loan amount covered under the dishonored cheque/s within 15 days from the date of receipt of the notice and the same was Await on . 8. The Complainant states that the aforesaid cheque/s amounting to Rs.21402/-
was issued by the Accused in discharge of its legal debt /liability towards the repayment of the amount which were due and payable to the Complainant under the said Loan Agreement. The Accused has, thus committed an offence punishable under Section 138 read with Section 142 of the Negotiable Instrument Act, on account of failure to make the payment of the dishonored cheque/s by the Accused within the prescribed time, as has been provided under Section 138 (c) of the Negotiable Instruments Act. 9. The complainant submits that aforesaid cheque/s was presented for encashment
within the period of its validity and the statutory notice to the Accused was issued within the stipulated time and the present Complaint filed within the prescribed time as provided under provisions of the Negotiable Instruments Act. The Complainant submits that the Accused thus committed an offence punishable under section 138 read with Section 141 and 142 of the Negotiable Instruments Act. 10. The complainant submits that the complainant bank branch office is situated at
Ranigunj under the limits of Mahankali Police Station, which falls well within the jurisdiction of this Honble Court as such this Honble Court has got jurisdiction to entertain present complaint. 11. The complainant submits that the Complainant Bankhas not filed any case under
138 N.I. Act against this accused in any court except seeking the relief under this complaint in so for as the cheque/s involved in this case are concerned. It is therefore prayed that this Honble Court may be pleased to a) take cognizance of the offences committed by the Accused and issue stringent process against the Accused and try and punish the Accused in accordance with the Law for the offence committed by him; award double the cheque amount as compensation to the complainant. award fine and Pass such other order or orders that this Honble Court may deem fit and proper in the circumstances of the case. Complainant Counsel for Complainant.
b) c) d)
Dated: .2011
163
:: 4 :: VERIFICATION: I C Varun Prajna Vardha, S/o C Venkat Rao, aged 29 years, Manager-Legal in the complainant Bank r/o Hyderabad do hereby declare and verify that the above contents of the paras are true and correct to the best of my knowledge and belief, hence verified the same on this the day of 2010 at Hyderabad.
Complainant
LIST OF DOCUMENTS
Cheque no 51613
19.07.2011 22.07.2011
163
163
Address for service: No.11, Madhukunj Apts., 1st floor, S.P.Road, Secunderabad. Counsel for Complainant.
163
IN THE COURT OF THE XI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT SECUNDERABAD C.C.NO. OF 2011 Between: M/s. HDFC BANK ... Complainant AND PITTA VIJAY PRASAD ... Accused I, C Varun Prajna Vardha, S/o C Venkat Rao, aged 29 years, Manager-Legal, in the Complainant Bankr/o Hyderabad, do hereby appoint and retain M/s M.V.KINI A.Laxminarayana Arun Kumar Burra N. Sudershan Setty Bhasker Rao Pradeep Kondaiah Vimala Prashanthi Raghavender Advocates Advocate/s to appear for me/us in the above Suit/Appeal/Petition/Case and to conduct and prosecute or defend the same and all proceedings that may be taken in respect of any application for execution of any decree or order passed therein. I/We empower my/our Advocate/s to appear in all miscellaneous proceedings in the above suit or matter till all decrees or order are fully satisfied, or adjusted, to compromise and obtain the return of documents and draw any money that might be payable to me/us in the said suit or matter and I/We do further empower my/our Advocate/s to accept on my/our behalf service of notice of all or any appeal or petition filed in any court or appeal Reference or Revision with regard to the said suit or matter before disposal of the same in Honourable Court.
I certified that the executant who is well acquainted with English, read this Vakalatnama that the contents of this Vakalatnama were read out and explained in Urdu/Hindi/Telugu to the executant he/she/they being unacquainted with English, who appeared perfectly to understand the same and signed or put his/her/their name or mark in my presence. Identified by Sri A.Laxmi Narayana, Advocate Executed on .2011 ADVOCATE
163
IN THE COURT OF THE XI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT SECUNDERABAD C.C NO. OF 2011
BETWEEN: M/s. HDFC BANK ...Complainant AND PITTA VIJAY PRASAD .Accused
VAKALAT ACCEPTED
FILED ON: .2011 Filed by: M.V.KINI & CO., Counsel for Complainant. -----------------------------Address for Service: M.V.KINI & CO., Advocates and Solicitors No.11,Madhukunj Apartments, Opp. City Civil Court, Sardar Patel Road, SECUNDERABAD 500 003.
202
IN THE COURT OF XI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT SECUNDERABAD CC NO. OF 2011 BETWEEN : HDFC BANK having its Regestred Office at HDFC Bank house, Senapathi, Bapat marg, Lower parel, Mumbai 40013 and one of its branch office at 5-4-94 to 97, Lala lane mark M.G.Road, Ranigunj, Secunderabad, rep. by its Power of Attorney Holder Sri C Varun Prajna Vardha S/o C Venkat Rao, aged 29 years, Manager-Legal. AND RATNA DEVA PRASAD S/o./W/o., Age : 29, R/o.NO 6-3-613/A/1, ANAND NAGAR, KHARITABAD, NEAR ZILLA PARISHAD (GOVT OFFICE), HYDERABAD. ...Accused.
..Complainant
COMPLAINT U/S 138 & 142 OF NEGOTIABLE INSTRUMENTS ACT, 1881 ( AS AMENDED UP TO DATE AND SECTION 200 OF Cr.P.C) Nature of Offence Date of Offence : U/s.138 of N.I.Act for dishonour of Cheque. : Cheque date Memo date Notice date Ack or Retn Cover 15.03.2011 01.07.2011 19.07.2011
Jurisdiction
: P.S. Mahankali (complainant bank branch office is situated at Ranigunj) : 1) Branch Manager of Accuseds Bank. 2) Branch Manager of Complainants Bank.
List of Witnesses
MAY IT PLEASE YOUR HONOUR 1. The Complainant is a scheduled Bank following the due norms and regulations
set by the RBI and is engaged in the business of Banking services such as collecting deposits from the customers and facilitate, loans to borrowers on interest through its various Branches including the Branch situated at 5-4-94 to 97, Lala lane mark M.G.Road, Ranigunj, Secunderabad.
202
::2:: 2. Our client represents that by virtue of the order passed by the Reserve Bank of
India on 20.05.2008 the M/s. CENTURION BANK OF PUNJAB LIMITED amalgamated with our client and all its business, rights and liabilities were transferred to our client as per the amalgamation procedure. 3. The Complainant is a scheduled Bank and is represented by its Power of
Attorney holder Sri C Varun Prajna Vardha, S/o.C Venkat Rao, Age : 29 Yrs., ManagerLegal, authorized to represent on behalf of the complainant and is fully aware of the facts of the case and is competent to represent before this Honble Court on behalf of the Complainant Bank vide General Power of Attorney dated 04.07.2011. 4. The Accused approached the Complainant Bankfor financial assistance and
requested for personal loanand assured that the loan amount so granted will be repaid together with interest in monthly installments on due dates. Considering the request of Accused and relying upon the representations, the Complainant bank granted personal loan of Rs.100850/- on 9-Jan-06 as requested by the accused vide Loan Account No.90417760, after execution of necessary documents in favour of the complainant and the accused received the said loan amount from the complainant and agreed to repay the loan amount along with interest in 36 equated monthly installments of Rs.3646/each. 5. The complainant submits that in partial discharge of Accuseds legal liability/debt,
issued the following cheque/s in favour of the Complainant towards repayment of the Loan amount. The details of the cheque/s given below. Cheque No. 806145 Date 15.03.2011 Drawn on CITI TOTAL Amount( Rs ) 21876 21876
6.
The aforesaid Cheque/s when presented for realization in the Accuseds Bank,
the same were returned unpaid for the reasons INSUFFICIENT FUNDS vide Bank memos dated 01.07.2011, . The aforesaid cheque/s was given to the Complainant towards discharge and repayment of debt legally due to the Complainant.
202
7.
The Complainant bank therefore got issued a legal notice dated 19.07.2011
through its counsel to the accused, demanding payment of loan amount covered under the dishonored cheque/s within 15 days from the date of receipt of the notice and the same was Await on . 8. The Complainant states that the aforesaid cheque/s amounting to Rs.21876/-
was issued by the Accused in discharge of its legal debt /liability towards the repayment of the amount which were due and payable to the Complainant under the said Loan Agreement. The Accused has, thus committed an offence punishable under Section 138 read with Section 142 of the Negotiable Instrument Act, on account of failure to make the payment of the dishonored cheque/s by the Accused within the prescribed time, as has been provided under Section 138 (c) of the Negotiable Instruments Act. 9. The complainant submits that aforesaid cheque/s was presented for encashment
within the period of its validity and the statutory notice to the Accused was issued within the stipulated time and the present Complaint filed within the prescribed time as provided under provisions of the Negotiable Instruments Act. The Complainant submits that the Accused thus committed an offence punishable under section 138 read with Section 141 and 142 of the Negotiable Instruments Act. 10. The complainant submits that the complainant bank branch office is situated at
Ranigunj under the limits of Mahankali Police Station, which falls well within the jurisdiction of this Honble Court as such this Honble Court has got jurisdiction to entertain present complaint. 11. The complainant submits that the Complainant Bankhas not filed any case under
138 N.I. Act against this accused in any court except seeking the relief under this complaint in so for as the cheque/s involved in this case are concerned. It is therefore prayed that this Honble Court may be pleased to a) take cognizance of the offences committed by the Accused and issue stringent process against the Accused and try and punish the Accused in accordance with the Law for the offence committed by him; award double the cheque amount as compensation to the complainant. award fine and Pass such other order or orders that this Honble Court may deem fit and proper in the circumstances of the case. Complainant Counsel for Complainant.
b) c) d)
Dated: .2011
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:: 4 :: VERIFICATION: I C Varun Prajna Vardha, S/o C Venkat Rao, aged 29 years, Manager-Legal in the complainant Bank r/o Hyderabad do hereby declare and verify that the above contents of the paras are true and correct to the best of my knowledge and belief, hence verified the same on this the day of 2010 at Hyderabad.
Complainant
LIST OF DOCUMENTS
Cheque no 806145
19.07.2011 23.07.2011
202
202
Address for service: No.11, Madhukunj Apts., 1st floor, S.P.Road, Secunderabad. Counsel for Complainant.
202
IN THE COURT OF THE XI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT SECUNDERABAD C.C.NO. OF 2011 Between: M/s. HDFC BANK ... Complainant AND RATNA DEVA PRASAD ... Accused I, C Varun Prajna Vardha, S/o C Venkat Rao, aged 29 years, Manager-Legal, in the Complainant Bankr/o Hyderabad, do hereby appoint and retain M/s M.V.KINI A.Laxminarayana Arun Kumar Burra N. Sudershan Setty Bhasker Rao Pradeep Kondaiah Vimala Prashanthi Raghavender Advocates Advocate/s to appear for me/us in the above Suit/Appeal/Petition/Case and to conduct and prosecute or defend the same and all proceedings that may be taken in respect of any application for execution of any decree or order passed therein. I/We empower my/our Advocate/s to appear in all miscellaneous proceedings in the above suit or matter till all decrees or order are fully satisfied, or adjusted, to compromise and obtain the return of documents and draw any money that might be payable to me/us in the said suit or matter and I/We do further empower my/our Advocate/s to accept on my/our behalf service of notice of all or any appeal or petition filed in any court or appeal Reference or Revision with regard to the said suit or matter before disposal of the same in Honourable Court.
I certified that the executant who is well acquainted with English, read this Vakalatnama that the contents of this Vakalatnama were read out and explained in Urdu/Hindi/Telugu to the executant he/she/they being unacquainted with English, who appeared perfectly to understand the same and signed or put his/her/their name or mark in my presence. Identified by Sri A.Laxmi Narayana, Advocate Executed on .2011 ADVOCATE
202
IN THE COURT OF THE XI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT SECUNDERABAD C.C NO. OF 2011
BETWEEN: M/s. HDFC BANK ...Complainant AND RATNA DEVA PRASAD .Accused
VAKALAT ACCEPTED
FILED ON: .2011 Filed by: M.V.KINI & CO., Counsel for Complainant. -----------------------------Address for Service: M.V.KINI & CO., Advocates and Solicitors No.11,Madhukunj Apartments, Opp. City Civil Court, Sardar Patel Road, SECUNDERABAD 500 003.
203
IN THE COURT OF XI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT SECUNDERABAD CC NO. OF 2011 BETWEEN : HDFC BANK having its Regestred Office at HDFC Bank house, Senapathi, Bapat marg, Lower parel, Mumbai 40013 and one of its branch office at 5-4-94 to 97, Lala lane mark M.G.Road, Ranigunj, Secunderabad, rep. by its Power of Attorney Holder Sri C Varun Prajna Vardha S/o C Venkat Rao, aged 29 years, Manager-Legal. AND SAHU SANTOSH KUMAR S/o./W/o.GURU CH SAHU, Age : 34, R/o.FLAT NO:14, BLOCK NO:2, KRUPA COMPLEX, SAFILGUDA, HYDERABAD500056. ...Accused.
..Complainant
COMPLAINT U/S 138 & 142 OF NEGOTIABLE INSTRUMENTS ACT, 1881 ( AS AMENDED UP TO DATE AND SECTION 200 OF Cr.P.C) Nature of Offence Date of Offence : U/s.138 of N.I.Act for dishonour of Cheque. : Cheque date Memo date Notice date Ack or Retn Cover 15.03.2011 01.07.2011 19.07.2011
Jurisdiction
: P.S. Mahankali (complainant bank branch office is situated at Ranigunj) : 1) Branch Manager of Accuseds Bank. 2) Branch Manager of Complainants Bank.
List of Witnesses
MAY IT PLEASE YOUR HONOUR 1. The Complainant is a scheduled Bank following the due norms and regulations
set by the RBI and is engaged in the business of Banking services such as collecting deposits from the customers and facilitate, loans to borrowers on interest through its various Branches including the Branch situated at 5-4-94 to 97, Lala lane mark M.G.Road, Ranigunj, Secunderabad.
203
::2:: 2. Our client represents that by virtue of the order passed by the Reserve Bank of
India on 20.05.2008 the M/s. CENTURION BANK OF PUNJAB LIMITED amalgamated with our client and all its business, rights and liabilities were transferred to our client as per the amalgamation procedure. 3. The Complainant is a scheduled Bank and is represented by its Power of
Attorney holder Sri C Varun Prajna Vardha, S/o.C Venkat Rao, Age : 29 Yrs., ManagerLegal, authorized to represent on behalf of the complainant and is fully aware of the facts of the case and is competent to represent before this Honble Court on behalf of the Complainant Bank vide General Power of Attorney dated 04.07.2011. 4. The Accused approached the Complainant Bankfor financial assistance and
requested for personal loanand assured that the loan amount so granted will be repaid together with interest in monthly installments on due dates. Considering the request of Accused and relying upon the representations, the Complainant bank granted personal loan of Rs.83944/- on 8-Dec-06 as requested by the accused vide Loan Account No.91143462, after execution of necessary documents in favour of the complainant and the accused received the said loan amount from the complainant and agreed to repay the loan amount along with interest in 48 equated monthly installments of Rs.2371/each. 5. The complainant submits that in partial discharge of Accuseds legal liability/debt,
issued the following cheque/s in favour of the Complainant towards repayment of the Loan amount. The details of the cheque/s given below. Cheque No. 437883 Date 15.03.2011 Drawn on OBC TOTAL Amount( Rs ) 14226 14226
6.
The aforesaid Cheque/s when presented for realization in the Accuseds Bank,
the same were returned unpaid for the reasons INSUFFICIENT FUNDS vide Bank memos dated 01.07.2011, . The aforesaid cheque/s was given to the Complainant towards discharge and repayment of debt legally due to the Complainant.
203
7.
The Complainant bank therefore got issued a legal notice dated 19.07.2011
through its counsel to the accused, demanding payment of loan amount covered under the dishonored cheque/s within 15 days from the date of receipt of the notice and the same was Await on . 8. The Complainant states that the aforesaid cheque/s amounting to Rs.14226/-
was issued by the Accused in discharge of its legal debt /liability towards the repayment of the amount which were due and payable to the Complainant under the said Loan Agreement. The Accused has, thus committed an offence punishable under Section 138 read with Section 142 of the Negotiable Instrument Act, on account of failure to make the payment of the dishonored cheque/s by the Accused within the prescribed time, as has been provided under Section 138 (c) of the Negotiable Instruments Act. 9. The complainant submits that aforesaid cheque/s was presented for encashment
within the period of its validity and the statutory notice to the Accused was issued within the stipulated time and the present Complaint filed within the prescribed time as provided under provisions of the Negotiable Instruments Act. The Complainant submits that the Accused thus committed an offence punishable under section 138 read with Section 141 and 142 of the Negotiable Instruments Act. 10. The complainant submits that the complainant bank branch office is situated at
Ranigunj under the limits of Mahankali Police Station, which falls well within the jurisdiction of this Honble Court as such this Honble Court has got jurisdiction to entertain present complaint. 11. The complainant submits that the Complainant Bankhas not filed any case under
138 N.I. Act against this accused in any court except seeking the relief under this complaint in so for as the cheque/s involved in this case are concerned. It is therefore prayed that this Honble Court may be pleased to a) take cognizance of the offences committed by the Accused and issue stringent process against the Accused and try and punish the Accused in accordance with the Law for the offence committed by him; award double the cheque amount as compensation to the complainant. award fine and Pass such other order or orders that this Honble Court may deem fit and proper in the circumstances of the case. Complainant Counsel for Complainant.
b) c) d)
Dated: .2011
203
:: 4 :: VERIFICATION: I C Varun Prajna Vardha, S/o C Venkat Rao, aged 29 years, Manager-Legal in the complainant Bank r/o Hyderabad do hereby declare and verify that the above contents of the paras are true and correct to the best of my knowledge and belief, hence verified the same on this the day of 2010 at Hyderabad.
Complainant
LIST OF DOCUMENTS
Cheque no 437883
19.07.2011 23.07.2011
203
203
Address for service: No.11, Madhukunj Apts., 1st floor, S.P.Road, Secunderabad. Counsel for Complainant.
203
IN THE COURT OF THE XI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT SECUNDERABAD C.C.NO. OF 2011 Between: M/s. HDFC BANK ... Complainant AND SAHU SANTOSH KUMAR ... Accused I, C Varun Prajna Vardha, S/o C Venkat Rao, aged 29 years, Manager-Legal, in the Complainant Bankr/o Hyderabad, do hereby appoint and retain M/s M.V.KINI A.Laxminarayana Arun Kumar Burra N. Sudershan Setty Bhasker Rao Pradeep Kondaiah Vimala Prashanthi Raghavender Advocates Advocate/s to appear for me/us in the above Suit/Appeal/Petition/Case and to conduct and prosecute or defend the same and all proceedings that may be taken in respect of any application for execution of any decree or order passed therein. I/We empower my/our Advocate/s to appear in all miscellaneous proceedings in the above suit or matter till all decrees or order are fully satisfied, or adjusted, to compromise and obtain the return of documents and draw any money that might be payable to me/us in the said suit or matter and I/We do further empower my/our Advocate/s to accept on my/our behalf service of notice of all or any appeal or petition filed in any court or appeal Reference or Revision with regard to the said suit or matter before disposal of the same in Honourable Court.
I certified that the executant who is well acquainted with English, read this Vakalatnama that the contents of this Vakalatnama were read out and explained in Urdu/Hindi/Telugu to the executant he/she/they being unacquainted with English, who appeared perfectly to understand the same and signed or put his/her/their name or mark in my presence. Identified by Sri A.Laxmi Narayana, Advocate Executed on .2011 ADVOCATE
203
IN THE COURT OF THE XI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT SECUNDERABAD C.C NO. OF 2011
BETWEEN: M/s. HDFC BANK ...Complainant AND SAHU SANTOSH KUMAR .Accused
VAKALAT ACCEPTED
FILED ON: .2011 Filed by: M.V.KINI & CO., Counsel for Complainant. -----------------------------Address for Service: M.V.KINI & CO., Advocates and Solicitors No.11,Madhukunj Apartments, Opp. City Civil Court, Sardar Patel Road, SECUNDERABAD 500 003.
232
IN THE COURT OF XI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT SECUNDERABAD CC NO. OF 2011 BETWEEN : HDFC BANK having its Regestred Office at HDFC Bank house, Senapathi, Bapat marg, Lower parel, Mumbai 40013 and one of its branch office at 5-4-94 to 97, Lala lane mark M.G.Road, Ranigunj, Secunderabad, rep. by its Power of Attorney Holder Sri C Varun Prajna Vardha S/o C Venkat Rao, aged 29 years, Manager-Legal. AND CHERUKUPALLY CHENNA KESAWLU S/o./W/o.CH BALAIAH, Age : 39, R/o.H.NO.1-36/1/12/1/28, VEMANA COLONY, CHANDANAGAR, HYDERABAD - 500032. ...Accused.
..Complainant
COMPLAINT U/S 138 & 142 OF NEGOTIABLE INSTRUMENTS ACT, 1881 ( AS AMENDED UP TO DATE AND SECTION 200 OF Cr.P.C) Nature of Offence Date of Offence : U/s.138 of N.I.Act for dishonour of Cheque. : Cheque date Memo date Notice date Ack or Retn Cover 10.06.2011 16.07.2011 20.07.2011
Jurisdiction
: P.S. Mahankali (complainant bank branch office is situated at Ranigunj) : 1) Branch Manager of Accuseds Bank. 2) Branch Manager of Complainants Bank.
List of Witnesses
MAY IT PLEASE YOUR HONOUR 1. The Complainant is a scheduled Bank following the due norms and regulations
set by the RBI and is engaged in the business of Banking services such as collecting deposits from the customers and facilitate, loans to borrowers on interest through its various Branches including the Branch situated at 5-4-94 to 97, Lala lane mark M.G.Road, Ranigunj, Secunderabad.
232
::2:: 2. Our client represents that by virtue of the order passed by the Reserve Bank of
India on 20.05.2008 the M/s. CENTURION BANK OF PUNJAB LIMITED amalgamated with our client and all its business, rights and liabilities were transferred to our client as per the amalgamation procedure. 3. The Complainant is a scheduled Bank and is represented by its Power of
Attorney holder Sri C Varun Prajna Vardha, S/o.C Venkat Rao, Age : 29 Yrs., ManagerLegal, authorized to represent on behalf of the complainant and is fully aware of the facts of the case and is competent to represent before this Honble Court on behalf of the Complainant Bank vide General Power of Attorney dated 04.07.2011. 4. The Accused approached the Complainant Bankfor financial assistance and
requested for personal loanand assured that the loan amount so granted will be repaid together with interest in monthly installments on due dates. Considering the request of Accused and relying upon the representations, the Complainant bank granted personal loan of Rs.203932/- on 19-Jul-07 as requested by the accused vide Loan Account No.91650416, after execution of necessary documents in favour of the complainant and the accused received the said loan amount from the complainant and agreed to repay the loan amount along with interest in 48 equated monthly installments of Rs.6119/each. 5. The complainant submits that in partial discharge of Accuseds legal liability/debt,
issued the following cheque/s in favour of the Complainant towards repayment of the Loan amount. The details of the cheque/s given below. Cheque No. 100719 Date 10.06.2011 Drawn on Andhra Bank TOTAL Amount( Rs ) 6119 6119
6.
The aforesaid Cheque/s when presented for realization in the Accuseds Bank,
the same were returned unpaid for the reasons INSUFFICIENT FUNDS vide Bank memos dated 16.07.2011, . The aforesaid cheque/s was given to the Complainant towards discharge and repayment of debt legally due to the Complainant.
232
7.
The Complainant bank therefore got issued a legal notice dated 20.07.2011
through its counsel to the accused, demanding payment of loan amount covered under the dishonored cheque/s within 15 days from the date of receipt of the notice and the same was Await on . 8. The Complainant states that the aforesaid cheque/s amounting to Rs.6119/- was
issued by the Accused in discharge of its legal debt /liability towards the repayment of the amount which were due and payable to the Complainant under the said Loan Agreement. The Accused has, thus committed an offence punishable under Section 138 read with Section 142 of the Negotiable Instrument Act, on account of failure to make the payment of the dishonored cheque/s by the Accused within the prescribed time, as has been provided under Section 138 (c) of the Negotiable Instruments Act. 9. The complainant submits that aforesaid cheque/s was presented for encashment
within the period of its validity and the statutory notice to the Accused was issued within the stipulated time and the present Complaint filed within the prescribed time as provided under provisions of the Negotiable Instruments Act. The Complainant submits that the Accused thus committed an offence punishable under section 138 read with Section 141 and 142 of the Negotiable Instruments Act. 10. The complainant submits that the complainant bank branch office is situated at
Ranigunj under the limits of Mahankali Police Station, which falls well within the jurisdiction of this Honble Court as such this Honble Court has got jurisdiction to entertain present complaint. 11. The complainant submits that the Complainant Bankhas not filed any case under
138 N.I. Act against this accused in any court except seeking the relief under this complaint in so for as the cheque/s involved in this case are concerned. It is therefore prayed that this Honble Court may be pleased to a) take cognizance of the offences committed by the Accused and issue stringent process against the Accused and try and punish the Accused in accordance with the Law for the offence committed by him; award double the cheque amount as compensation to the complainant. award fine and Pass such other order or orders that this Honble Court may deem fit and proper in the circumstances of the case. Complainant Counsel for Complainant.
b) c) d)
Dated: .2011
232
:: 4 :: VERIFICATION: I C Varun Prajna Vardha, S/o C Venkat Rao, aged 29 years, Manager-Legal in the complainant Bank r/o Hyderabad do hereby declare and verify that the above contents of the paras are true and correct to the best of my knowledge and belief, hence verified the same on this the day of 2010 at Hyderabad.
Complainant
LIST OF DOCUMENTS
Cheque no 100719
20.07.2011 23.07.2011
232
232
Address for service: No.11, Madhukunj Apts., 1st floor, S.P.Road, Secunderabad. Counsel for Complainant.
232
IN THE COURT OF THE XI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT SECUNDERABAD C.C.NO. OF 2011 Between: M/s. HDFC BANK ... Complainant AND CHERUKUPALLY CHENNA KESAWLU ... Accused I, C Varun Prajna Vardha, S/o C Venkat Rao, aged 29 years, Manager-Legal, in the Complainant Bankr/o Hyderabad, do hereby appoint and retain M/s M.V.KINI A.Laxminarayana Arun Kumar Burra N. Sudershan Setty Bhasker Rao Pradeep Kondaiah Vimala Prashanthi Raghavender Advocates Advocate/s to appear for me/us in the above Suit/Appeal/Petition/Case and to conduct and prosecute or defend the same and all proceedings that may be taken in respect of any application for execution of any decree or order passed therein. I/We empower my/our Advocate/s to appear in all miscellaneous proceedings in the above suit or matter till all decrees or order are fully satisfied, or adjusted, to compromise and obtain the return of documents and draw any money that might be payable to me/us in the said suit or matter and I/We do further empower my/our Advocate/s to accept on my/our behalf service of notice of all or any appeal or petition filed in any court or appeal Reference or Revision with regard to the said suit or matter before disposal of the same in Honourable Court.
I certified that the executant who is well acquainted with English, read this Vakalatnama that the contents of this Vakalatnama were read out and explained in Urdu/Hindi/Telugu to the executant he/she/they being unacquainted with English, who appeared perfectly to understand the same and signed or put his/her/their name or mark in my presence. Identified by Sri A.Laxmi Narayana, Advocate Executed on .2011 ADVOCATE
232
IN THE COURT OF THE XI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT SECUNDERABAD C.C NO. OF 2011
BETWEEN: M/s. HDFC BANK ...Complainant AND CHERUKUPALLY CHENNA KESAWLU .Accused
VAKALAT ACCEPTED
FILED ON: .2011 Filed by: M.V.KINI & CO., Counsel for Complainant. -----------------------------Address for Service: M.V.KINI & CO., Advocates and Solicitors No.11,Madhukunj Apartments, Opp. City Civil Court, Sardar Patel Road, SECUNDERABAD 500 003.
232