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Criminal Complaint No.

207/2019.

BEFORE THE COURT OF CHIEF JUDICIAL MAGISTRATE, JALANDHAR.

COMPLAINANT:

Age.

Occpation

KULDEEP SINGH Resident of 483, Opposite AGI Business Centre, Garha Road, Near Bus Stand Jawahar Nagar Jalandhar, Punjab

30

Trader

V/S

ACCUSED :

(1)Zink Punjab Ltd. BXII-407, 2nd Floor, Near BSF Chowk, Ladowali Road, Jalandhar, Punjab 144001

(2)Mahesh Kumar (Director), Zink Punjab Ltd.

(3)Suresh Kumar (Director), Zink Punjab Ltd.

::Affidavit of Evidence::

I, Kuldeep Singh, Aged 41, Occupation :- Trader, Address :-483, opposite

AGI Business Center, Garha Road, Near Bus stand Jalandhar, Jawahar

Nagar, Jalandhar, Punjab Pin- 144001, do hereby solemnly affirmed

on oath and state that.

1)

That the complainant Kuldeep Singh, is a Registered Trader, doing

business of purchase and sales of various chemicals, having its

Registered Office at above said address. That present complaint is

submitted by me as I am fully conversant with transactions with

accused and is competent to file the present complaint.

2)

That accused no.-1 is a company registered as per the provision of

company act and doing business of processing of various chemicals at

above said address. That accused no.-2 is managing director and is

operating the bank account of accused no.-1 company and is authorized signatory over the cheque drawn in favour of the present Complainant. Further accused no.-2 in capacity of Managing Director is looking after purchase and sales of accused no.-1 company and is managing day to day business and financial affairs of accused no.-1 company and is responsible for the act of accused no.1 company. That accused no.-2 had participated in discussion-purchase and payment assurance to the complainant companies hence the accused are legally liable for the offensive act committed with Complainant.

3)

That accused Company is regularly purchasing chemicals from the complainant, and for the same current account is maintained by the Complainant. The extract of ledger account of accused company is produced. Business transactions between Complainant and accused Company are narrated in ledger account accused Company. It requested to exhibit thesame.

4)

That vide following transactions accused company has placed an order for supply of chemicals, which was sold and delivered to them as shown here under.

Invoice No.

Date

Challan No.

Material

Rupees.

A125

05/02/19

1260

Zink Powder

10,00,000/-

 

TOTAL

Rs. 10,00,000/-

 

The true copy of invoice No. A125 is produced. (Original Invoice produced in C.C.No.A125) Challan No. 1260 and date 30-05-2011 is mentioned in the Invoice. Amount of goods sold is of Rs.10,00,000/- is mentioned in the Invoice. Name of accused Company is mentioned as purchaser in the Invoice. It is duly signed by Complainant .

5)

That goods sold and delivered to the accused was received by them. Accused Company had promised to pay the total bill amount of Rs. 10,00,000/- with an intention to make full payment for the balance amount, accused company had handed over to Complainant a cheque No.556732, dated: 05/03/2019( which is returned unpaid and

6)

7)

complainant has lodged a criminal complaint for the same.) For the payment of outstanding balance accused had handed over a cheque no.556732, dated: 5.3.2019 for Rs.10,00,000/- duly signed by Accused No.-2 on behalf of Accused No.-1 Company, favouring Complainant, drawn upon Bank of Baroda Jalandhar City main branch, with whom Accused Company is maintaining its regular bank account. The original cheque no. 556732. The cheque is drawn upon Bank of Baroda Jalandhar City main branch and it is in favour of Complainant. Cheque No.556732 is written in the cheque. Date 05/03/19 and amount Rs.10,00,000/- in words & figure is written in the cheque. It is sign by accused No.-2 on behalf of accused no.-1 company. I know the signature of accused no.-2, it is requests to exhibit the cheque no.556732. That cheque no.556732 drawn in favour of Complainant was for the payment of legitimate dues of the complainant, hence complainant has deposited the said cheque for acceptance on 05/03/2019 through their banker, State Bank of India Jalandhar City, Main branch, however as there was not sufficient credit balance in the account of the accused and had returned said cheque unpaid, stating reason INSUFFICENT FUNDS. The said information was received by complainant through their bank on dt.09/03/2019 along with dishonoured cheque and returned memo of State Bank of India Jalandhar City, Main branch. The return memo is of State Bank of India Jalandhar City, Main branch, and it is signed and sealed by the bank officer. Cheque No. 556732 & date 09/03/2019 is written in return memo. Amount Rs.10,00,000/- is written in it. It is addressed to Complainant. It requests to exhibit the return memo. As cheque drawn by accused was returned unpaid, Complainant has served legal notice by R.P.A.D on dt.05/04/2019 to accused company to pay the amount of dishonoured cheque within 15 days of receipt of notice. The said notice is duly served to accused on dt.07/04/2019. The office copy of notice is produced. Amount of dishonoured cheque is demand in notice and date 05/04/2019 is mentioned in notice.

notice is produced ​ . Amount of dishonoured cheque is demand in notice and date 05/04/2019

Which is duly sign and seal by advocate of Complainant. I known his

signature hence it requests to exhibit the same.

The original acknowledgement receipt duly served to accused no.1.

Acknowledgement receipt bear’s name and postal address of accused

no.1 i.e. Accused Company. The acknowledge receipt bears rubber

stamps of postal department and signature of authorized person of

accused company is in receipt. Dt.07/04/19 is written in receipt. It is

requests to exhibit the same.

Though the notice has served to both accused, they failed to act as per

notice and accused neither paid amount of dishonoured cheque and

has committed an offence u/s 138 of N.I.Act. Complainant has filed a

complaint against accused which produced. The complaint submitted

by Complainant is within limitation prescribed by law.

All the fact mention above is of my personal knowledge and information hence

I consider it to be true and correct to the best of my knowledge.

Jalandhar Date: 30/04/2019

(sing of complainant)

I know the signatory. Advocate

Criminal Complaint No.

207/2019.

BEFORE THE COURT OF CHIEF JUDICIAL MAGISTRATE, JALANDHAR.

COMPLAINANT:

KULDEEP SINGH Resident of 483, Opposite AGI Business Centre, Garha Road, Near Bus Stand Jawahar Nagar Jalandhar, Punjab

V/S

ACCUSED :

(1)Zink Punjab Ltd. BXII-407, 2nd Floor, Near BSF Chowk, Ladowali Road,Jalandhar, Punjab 144001 (2)Mahesh Kumar (Director), Zink Punjab Ltd.

(3)Suresh Kumar (Director), Zink Punjab Ltd.

List Of Documents.

The complainant above named submits, following original documents, in support of his affidavit complaint, which may be permitted to keep with complaint, and read as evidence.

Sr.

Particulers

Page number.

No.

a

Copy of Purchase Order

 

b

Copy of Delivery Order

 

c

Copy of Delivery challan

 

Dated:24/12/18

d

Copy of cheque in question of

 

Rs.10,00,000/- issued by accused

company bearing no. 556732 dated

5.3.2019

drawn at Bank of Baroda

Jalandhar City main branch.

e

Copy of the memo No.CDAB/126 dated

 

9.3.2019

issued by the

complainant’s bank i.e. State Bank

of India Jalandhar City main branch.

f

Copy of the notice issued to the all the accused through the advocate of the complainant.

g

Copies of the sealed covers along with the registered A.D acknowledgments.

h

Copies of the reply notice

Jalandhar.

Date:30-04-2019

(Advocate for Complainant)

Criminal Complaint No.

207/2019.

BEFORE THE COURT OF CHIEF JUDICIAL MAGISTRATE, JALANDHAR.

COMPLAINANT:

KULDEEP SINGH Resident of 483, Opposite AGI Business Centre, V/SGarha Road, Near Bus Stand Jawahar Nagar Jalandhar, Punjab

ACCUSED :

(1)Zink Punjab Ltd. BXII-407, 2nd Floor, Near BSF Chowk, Ladowali Road,Jalandhar, Punjab 144001 (2)Mahesh Kumar (Director), Zink Punjab Ltd.

(3)Suresh Kumar (Director), Zink Punjab Ltd.

Application of Exhibit the Documents.

The complainant above named submit original documents like cheque,

return memo, notice, receipts, acknowledgement receipts etc, in support

of his affidavit of evidence. It is request to which may be exhibits to

keep with complaint, and read as evidence.

Jalandhar.

Date:30/04/2019

(Advocate for Complainant)