IN THE COURT OF THE HONBLE VIII METROPOLITAN MAGISTRATE CYBERABAD AT: RAJENDERNAGAR

C.C.No. of 2012

BETWEEN:

IMRAN KHAN S/oMahfooz khan Age about 40 years, Occ:business R/o Flat .No. 114,Happy Homes, Rajendranagar. A.P. Complainant AND Suraj Kumar S/o G.Balram Age about years, Occ:Emplyee R/o H.No. 8-1-303/18,Vivekananda Colony, Shaikpet Nala ,Hyderabad 500008.

Accused

MEMORANDUM OF CRIMINAL COMPLAINT FILED U/S. 190 & 200 OF Cr. P.C. R/w 142 OF N.I. Act

Nature of offence

U/s. 138 of Negotiable Instrument Act. 420, 406 of Cr.P.C.

Date of Offence

19-03-2012

Place of Offence

State Bank of India tolichowki branch. Hyderabad.

Jurisdiction of P.S

P.S Rajendranagar.

List of Witnesses

1.

Complainant

2.

Bank Manager of State Bank of India Tolichowki Branch Hyderabad.

3. Bank Manager State Bank of India Mallepally Branch Hyderabad. And other witnesses will be produce at the time of recording of evidence.

BREIF FACT OF THE CASE : That the complainant submits as under:

The complainant and Accused are the friends in the month of December 2011 Accused person approached the complainant at rajendranagar and induced him to provide a hand loan of Rs. 7,00,000/-(Rupees Seven Lakhs only)
and expressed his grievousness

and hardship and urgency for the need of money as the complainant resides in Saudi Arabia at present residing at rajendranagar is a polite and humble human being, agreed to give the accused the amount with out interest , a sum of Rs 7,00,000/-(Rupees Seven Lakhs only) which the accused have stated that he would pay him back on 1-2-2012 .

The complainant submits that on 01-02-2012 when the complainant asked for the money given to the accused person, he stated that he does not have money and stated to the complainant that he would arrange the money as early as possible and gave the complainant another due date of 15-02-2012 again on the said date when the complainant contacted the accused person he again stated the he does not have the money and

made the same promise to arrange the amount very soon but on the said date the complainant came to know that the accuse person was dragging the matter on one or the other pretext with false promise ..On 02-03-2012 through one of his friend the complainant came to know the intention of the accused

person that he is just dragging the matter and his intention was to dupe the complainant as he was above to go to Saudi Arabia .Due to friendship and humble nature the complainant once again called the accused person on 2-03-2012 for the payment of money what the

accused has taken as the complainant was in need of money but the accused person stated that he would pay the complainant on 16-032012 and issued to the complainant a cheque for the amount of Rs

7,00,000/- (Rupees Seven Lakhs Only) , bearing A/c no 20023495544 , and Cheque no 077840 of state Bank of India Brindavan Colony

Tolichowki Hyderabad 500008.and stated to the complainant that there is no need to call him and he can deposit it on the said date as the accused person is sure of depositing the said amount in the bank

believing the version of the accused, complainant deposited the said cheque as the complainant was badly in need of money .

The complainant further submits that after several repeated demands for the returned of the money amounting to Rs. 7,00,000/- the accused person did not turned up .The complainant further submits that as per the Accused assurance the complainant has presented the said cheques with his banker State Bank

of India tolichowki branch Hyderabad but the same were returned with the CHEQUE RETURN MEMO AS funds insufficient dated 19-03-2012 immediately the complainant informed the Accused about the dishonored of the said cheques but the Accused did not pay any attention with a malafide intention to dupe complainant and to have wrongful monetary gain.

The complainant further submits that the Accused have issued the said cheques towards the discharge of legally enforceable liability knowing fully well that there was no sufficient funds in his account. The complainant got issued a notice U/s 138 of N.I. Act on 24-032012 through registered post and acknowledgement due calling upon the Accused to pay the cheques amount of Rs. 7,00,000/- (Rupees

seven Lakhs Only) with in seven days from the date of the receipt of the said notice and the said notice was sent to his correct address and it was returned by the postal department stating notice served but returned again on 07-04-2012 . once again on 17-04-2012the

complainant got issued a notice through courier service but failed as he is not taking the notice the Accused failed to pay the cheques amount to the complainant to discharge his legally enforceable liability.

That the acts of Accused are penal in nature and there is an ample of evidence to prove the guilt of the Accused and he has violated the provisions of 138 of N.I. Act by issuing the cheques without keeping sufficient funds to discharge the Accused legal debt.

JURISDICTOIN: That the complainants is a resident of Rajendranagar and the place where the transaction took place is situated in the limits of P.S. Rajendranagar Ranga Reddy district. Hence this court has got jurisdiction to entertain the compliant. It is therefore prayed that this honorable court may be pleased to Arrest the Accused for cheating the complainant and dealt the

Accused as per law in the interest of justice. Date: - 04-2012

Place: Hyderabad. COMPLAINANT COUNSEL FOR COMPLAINANT

LIST OF DOCUMENTS:

1.

CHEQUES BEARING NO. 017179. for Rs. 7,00,000/(Rupees Seven Lakhs Only) cheques dated 16-03-2012 the cheques along with Memo drawn on Bank of india Tolichowki branch Hyderabad.. 1st Legal Notice Dated: 24-03-2010 R.P returned Dated: 27-03-2010. 2nd Registered post dated 07-04-2012. R.P.returned stating notice served but returned. 3rd legal notice posted through courier service.

2. 3. 4. 5. 6.

Place: Rajendranagar. Date: -04-2012 COMPLAINANT

COUNSEL FOR COMPLAINANT

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