IN THE COURT OF THE R N P I LAW & JUSTICE

P.C.R. No.............. of 2015

Mr. Dhruvraj Bhavsar

COMPLAINANT

VERSUS

Mr. Sanket Arora

ACCUSED

INDEX
SR.NO
1

PARTICULARS
Memorandum of

2
3
4
5

complaint
List of witnesses
List of documents
Vakalatnamu
Copy of complaint

PAGE NO

to accused.

Siddharth Trivedi
B.Com LL.B (12)
4th Year

R.N Patel Ipcowala school of Law and Justice, 2015

Complaint under section 200 of the Criminal procedure code,

1973 for taking cognizance of the offense committed under
sections 138, 141 of the Negotiable Instruments Act, 1881.

1. That the Complainant is a Student in RNPI Law School and is residing at Baj
Kheda Chatralay , Nana Bazaar, VVN , Anand, Gujarat.
2. That the accused also stays at VVN , Anand ,Gujarat and had approached the
complainant personally and asked for a friendly loan of INR. 3,50,000
(THREE LAKH FIFTY THOUSAND)
3. That on 11-7-2015 complainant paid INR. 3,50,000 (THREE LAKH FIFTY
THOUSAND) as friendly loan repayable on demand.
4. That towards payment of amount of loan the accused issued Cheque No.
476753 dated 11-7-2015 for INR. 3,50,000 to the complainant. That in order
to discharge their above said liability and in accordance with the agreed terms
and conditions, the accused had issued Cheque No. 476753 Dated 11-7-2015
for INR. 3,50,000/- drawn on Mr. Dhruvraj Bhavsar. The said cheque was
issued from Account No. 108387 which is held in the name of the accused.
That the present complaint is based on the dishonor of the above said cheque
which was issued in discharge of a lawful debt.
5. That at the time of handing over the above said cheque the accused had assured
the complainant that the said cheque will be honored /encashed on
presentation. Taking the above assurance/representation as true, the
complainant had accepted the above said cheque.
6. That on the basis of the assurances given by the accused, the complainant
presented the above said cheque with its bankers namely RNPI BANK and
was dishonored vide cheque return advice dated 13-7-2015 issued by the
complainants bank. The aforesaid cheque was returned unpaid vide returning
memo dated 13-7-2015 with the remarks FUNDS INSUFFICIENT.
7. That the dishonor of the cheque clearly shows and establishes that the accused
did not intend to honor the amount under the said cheque.
8. That on account of the dishonor of the said cheque, the complainant had served
a legal notice dated 15/7/2015 upon the Accused by way of Registered Post
vides Receipt No. _________________ dated ___________.
9. However, despite service of notice, the accused has not taken any steps to
liquidate his liability and has failed to make balance payments to the

R.N Patel Ipcowala school of Law and Justice, 2015

complainant towards the amount covered under the said cheque, within the
statutory period of 15 days or thereafter.
10. Thus, the Accused has, therefore committed an offence within the meaning of
Section 138 and other sections of the amended provisions of the Negotiable
Instruments Act, 1881, for which he is liable to be prosecuted and punished.
That the accused have failed to make payment against the said cheque which
has been done by them malafidely, intentionally and deliberately and
knowingly.
11. That the accused is guilty of offence under Section 138, Negotiable
Instruments Act. That in view of the facts and circumstances, the complainant
has a cause of action and right to file the present complaint.
12. That the cause of action has arisen and the cheques was issued at 11/7/2015,
and the same was payable at 12/7/2015 and was also dishonored at13/7/2015.
Therefore this Honble Court has jurisdiction to try and adjudicate upon the
present complaint.
13. That the complaint is well within limitation period prescribed under the Act:
I. Date of Dishonor 13/7/2015 ii. Date of Notice 15/7/2015 iii. Date of filing
Complaint 27/7/2015.
14. The Jurisdiction will be Anand District court.
15. That a list of documents and list of witnesses are annexed with this complaint.

PRAYER
Wherefore, most respectfully prayed that this Honble Court may be pleased to:

R.N Patel Ipcowala school of Law and Justice, 2015

Summon, try convict and punish the accused above named for having
committed the offence under section 138 read with section 141 of the NI Act
in respect of the cheque bearing no. 476753

Grant compensation to the complainant equivalent to the double the cheque

amount.

Grant costs of this proceeding to the complainant.

Pass such order as this honble court may deem fit, in the interest of justice and
equality.

Punished them according to law in view at the facts and circumstances

mentioned above in the interest of justice.

Place: Vidhayanagar
Dated: 25/07/2015

Complainant: Mr. Dhruvraj Bhavsar

Advocate: Mr.Siddharth Trivedi

IN THE COURT OF THE R N P I LAW & JUSTICE

Vidhyanagar, ANAND.

R.N Patel Ipcowala school of Law and Justice, 2015

PCR NO.

2015

CC NO.

2015

In Matter of:

Mr. Dhruvraj Bhavsar

COMPLAINANT

VERSUS

Mr. Sanket Arora

ACCUSED

LIST OF WITNESSES
1. Complainant Mr. Dhruvraj Bhavsar.
2. Any other witnesses required later on shall be produced before this Honble
court.

Place:
Dated: 25/07/2015

Complainant: _______________
Advocate: _________________

IN THE COURT OF THE R N P I LAW & JUSTICE

Vidhyanagar, ANAND.

R.N Patel Ipcowala school of Law and Justice, 2015

PCR NO.

2015

CC NO.

2015

In The Matter of:

Mr. Dhruvraj Bhavsar

COMPLAINANT

VERSUS

Mr. Sanket Arora

ACCUSED

List of Documents:
Above are the lists which are annexure of documents.
1. Xerox of cheque.
2. Xerox of cash memo.
3. Notice issued to accused.
Place: Vidhayanagar
Dated: 25/07/2015

Complainant:

_______________

Advocate: _________________

. No. of 2015
VAKALATNAMA

R.N Patel Ipcowala school of Law and Justice, 2015

IN THE COURT OF THE R N P I LAW & JUSTICE

. Complainant
Vs.
. Accused
I / we ............................................................................................................ do hereby
appoint & retain Advocate Siddharth Trivedi (hereinafter called as the Advocates) to
be my / our advocates in the said Suit. I / we authorize the Advocates to do any or all
of the following on my / our behalf:
a) To represent, act and appear for me / us;
b) To conduct and prosecute (or defend) the same and all proceedings that may be
taken in respect of any application connected with the same or any decree of
order passed therein;
c) To sign, file, verify, present, and receive all types of documents including
plaints, statements, pleadings, appeals, cross objections, petitions, applications,
revision, withdrawal, compromise or affidavits;
d) To withdraw or compromise or submit to arbitration any differences or
disputes that may arise touching or in any manner relating to the said case;
e) To deposit, draw and receive money, cheques, and cash and grant receipts
thereof.
f) To do all other acts and things this may be necessary or expedient, in the
opinion of the Advocates, to be done.
I do hereby agree to ratify and confirm all acts done by the Advocate or his substitute
in the matter as my/our own acts, as if done by me/us to all intents and purposes.
Signatures of person appointing the Advocates.
Name

Mobile No.

Date .

Signature of Advocate

Place

IN THE COURT OF THE R N P I LAW & JUSTICE

Vidhyanagar, ANAND.

R.N Patel Ipcowala school of Law and Justice, 2015

P.C.R NO.

2015

C.C NO.

2015

In The Matter of:

Mr. Dhruvraj Bhavsar

COMPLAINANT

VERSUS

Mr. Sanket Arora

Date of Filing

File by whom

ACCUSED

Purpose of

Amount of

Court Fees

Filing

Process Fees

Affixed

INR. 1000/-

INR .5 /-

Dishonored of
25/7/2015

Mr. Siddharth

cheque under

Trivedi

section 138 of
Negotiable
Instruments Act.

R.N Patel Ipcowala school of Law and Justice, 2015