IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE,

TIS HAZARI COURTS, DELHI

Criminal Complaint No._____/2019

IN THE MATTER OF:-

VISHAL KHANNA …COMPLAINANT

VERSUS

VIKAS THAKUR …ACCUSED

PS – RAJINDER NAGAR

MEMO OF PARTIES

1. VISHAL KHANNA
S/O Sh. MOHAN LAL KHANNA
R/O 21/3, 3rdFLOOR,
OLD RAJENDER NAGAR,
DELHI-110060 ……COMPLAINANT

VRSUS
2. VIKAS THAKUR
S/O RAVINDER THAKUR
R/O A-68, GALI No.5,
JAIN NAGAR, ROHINI,
DELHI-110081

ALSO AT:
E-92, SHASTRI NAGAR,
PNB WALI GALI,3RD FLOOR, DELHI ……ACCUSED

PLACE : DELHI COMPLAINANT

DATED:
THROUGH

PRIYARANJAN KUMAR
(ADVOCATE)
OFFICE:KANOONI RASTA
-Justice for All
103/2, St.No.5, Chandu Park,
Krishna Nagar, Delhi-110051
Mob-99714173705 & 9582095160
 IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE,
TIS HAZARI COURTS, DELHI
Criminal Complaint No._____/2019

IN THE MATTER OF:-

VISHAL KHANNA …COMPLAINANT

VERSUS

VIKAS THAKUR …ACCUSED

PS – RAJENDER NAGAR

INDEX

S.NO. PARTICULARS PAGE NO.

1. MEMO OF PARTIES
2. COMPLAINT CASE U/S 138 N.I. ACT, 1881
3. LIST OF WITNESS
4. LIST OF RELIANCE
5. LIST OF DOCUMENTS WITH DOCUMENTS
6. EVIDENCE FOR PRE-SUMMONIG BY WAY
OF AFFIDAVIT.
7. VAKALATNAMA

PLACE : DELHI COMPLAINANT

DATED:
THROUGH

PRIYARANJAN KUMAR
(ADVOCATE)
OFFICE:KANOONI RASTA
-Justice for All
103/2, St.No.5, Chandu Park,
Krishna Nagar, Delhi-110051
Mob-99714173705 & 9582095160
 IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE,
TIS HAZARI COURTS, DELHI
Criminal Complaint No._____/2019

IN THE MATTER OF:-

1. VISHAL KHANNA
S/O Sh. MOHAN LAL KHANNA
R/O 21/3, 3rdFLOOR,
OLD RAJENDER NAGAR,
DELHI-110060 ……COMPLAINANT

VRSUS
2. VIKAS THAKUR
S/O RAVINDER THAKUR
R/O A-68, GALI No.5,
JAIN NAGAR, ROHINI,
DELHI-110081

ALSO AT:
E-92, SHASTRI NAGAR,
PNB WALI GALI,3RD FLOOR, DELHI ……ACCUSED

PS – RAJINDER NAGAR

COMPLAINT UNDER SECTION 138 READ WITH

SECTION 142 OF THE NEGOTIABLE INSTRUMENTS
ACT,1881(AS AMENDED UPTO DATE), ALSO READ
WITH SECITION 420 OF THE INDIAN PENAL CODE
1860.

MOST RESPECTFULLY SHOWETH:

1. That the complainant is a law abiding citizen of India

and has been residing with his family at 21/3, 3rd

Floor, Old Rajinder Nagar, Delhi-110060.

2. That the complainant has been carried out a business

of selling dairy products as Milk, Lassi, and Paneer

 etc. under the name and style as “Khanna Dairy” at

Shop No. T-296, Idgah Road, Filmistan, Delhi.

3. That the accused has been carried out a business of

readymade garments along with his elder brother

Vishal Thakur at monastery, Madhuban Chowk,

Pitampura, Delhi.

4. That the complainant was introduced with the

accused by the elder brother of the accused namely

Vishal Thakur in the year 2003. The complainant had

good and family relations with Vishal Thakur, the

elder brother of the accused as both the complainant

and Vishal Thakur had their studies together in the

college from 2003 to 2006 in Khalsa College, Dev

Nagar, Delhi.

5. That the families of the complainant and the accused

were very close to each other as both the families used

to meet with each other on the eve of festivals,

birthday parties and marriages. Sometimes,

complainant used to help and support financially

being a good friend of both the accused and his elder

brother Vishal Thakur.

6. That the accused borrowed money from the

complainant on different occasions and the

complainant supported financially to the accused

being a good friend of his elder brother namely Vishal

 Thakur. The accused also returned the borrowed

money to the complainant whenever the complainant

raised the demand of his money and it is evident from

the account of the complainant.

7. That the accused contacted the complainant in the

last week of September 2017 and asked for a friendly
loan of Rs.5,00,000/- (Rupees Five Lakh only ) for the
purpose of construction of his house. The
complainant was aware of the conduct and behavior
of the accused since 2003 so the complainant had no
doubt to grant him a friendly loan of the aforesaid
amount. The complainant assured the accused that
the complainant had only Rs.10,000/- (Rupees Ten
Thousand only) cash in his home.

8. That the complainant withdraw cash of Rs.4,90,000/-

(Rs. Four Lakh and Ninety Thousand only) from his

bank account on 05.10.2017 and by adding

Rs.10,000/- (Rs. Ten Thousand only) cash from his

home, handed over Rs.5,00,000/- (Rs. Five Lakh only)

to the accused at his home in the presence of his elder

brother namely Vishal Thakur.

9. That the accused in November 2018, demanded

Rs.30,000/- (Rupees Thirty Thousand only) again for

the work of electricity fitting in his newly constructed

house. The complainant further handed over the

cash amount of Rs. 30,000/- (Rs. Thirty Thousand

only) to the accused from his personal savings.

 10. That the complainant raised the demand of

Rs.5,30,000/- (Rupees Five Lakh and Thirty

Thousand only) from the accused to return his

money. At this, the accused promised to the

complainant to return the aforesaid amount soon.

12. That the Complainant, in the last week of November

2018, repeatedly requested and contacted the accused

through mobile calling and by sending the text

messages to return his friendly loan as the

complainant was in need of the money for his

business. The complainant noticed that the accused

had made distance from him by ignoring his mobile

calls and messages and also stopped to pick up the

mobile calls of the complainant. The accused replied

of the messages of the complainant sometimes.

13. That When the complainant approached the accused's

house last week of November 2018, the accused

issued two cheques as details below in favour of the

complainant for discharge of his all liability.

S.No. Cheque No. Date Amount Drawn on

1. 196104 27.11.2018 Rs.5,15,000/- Axis Bank,

Branch Shastri

Nagar, New Delhi

2. 196103 07.12.2018 Rs.15,000/- _____do_____

 14. That accused further assured the complainant that
these cheques will be honoured on presentation at its
due date subject to the condition that the said
cheques may not be presented for encashment until
he arranges to deposite requisite fund in his bank
account and confirmed to do so. Thereafter he kept
making execuse that his mother recently retired from
government job and retirement award/money yet to
be came and giving such false assurance to present
the said cheques. On 10th February of 2019 he
confirmed to the complainant to present the said
cheques with assurance that the said cheques will
now be honoured.

15. That based on the assurance given by the accused,

the complainant presented the above said cheques
through his banker Punjab National Bank, Branch at
Rajinder Nagar, Delhi for encashment but the same
was returned as dishonored with remark “FUND
INSUFFICIENT” & “DRAWER SIGN DIFFERS” vide
returning memos dated on 12-02-2019. Descriptions
are below:

S.No. Cheque No. Returning Amount Remarks

Memo Date

1. 196104 12-02-2019 Rs.5,15,000/- Fund insufficient

2. 196103 12-02-2019 Rs.15,000/- Drawer Sign Differs

16. That the complainant informed the accused, the fate

of dishonour of above said cheques bearing
No.196104 & 196103 and requested him to clear the
 liability but the accused paid deaf ears and flaty
refused to pay the above mentioned friendly loan
amount of Rs.5,30,000/- therefore finding no other
option and after considering the conduct of the
accused, the complaint under compelling
circumstances sent a Legal Notice dated 26.02.2019
through his lawyer to the accused, which was dully
served upon the accused as per internet generated
trackings, whereby the accused was called upon to
make the payment of aforesaid cheques amount
within 15 days from the receipt of legal notice dated
26.02.2019. (The copy of legal notice is annexed as
ANNEXURE-A (colly)). (The original speed post
receipts is annexed as ANNEXURE-B (colly))

17. That the complainant had tracked the legal notices

which were sent on 26/02/2019 through speed post,
hence the notices were delivered to the both addresses
on 27/02/2019. ( the copy of speed post track is
annexed as ANNEXURE-C & D)

18. That the accused has knowledge of his dishnore of the

cheque, who has not come forward to pay even a
single penny to the complainant till date, even after
receiving of legal notice dated 26.02.2019 addressed
to him at his both residence address mentioned
hereinabove in the memo parties.
19. That the accused has deliberately, intentionally and
with fraudulent and malicious designs intended to
cause wrongful loss to the complainant by issuing the
aforesaid two cheques and promising its realization,
which has been returned by the banker of the accused
as dishonour for insufficient funds and drawer sign
differ, thus the accused due to his aforesaid illegal act
 is liable to face the criminal proceeding for the offence
under section 138 of Negotiable instrument Act.1881
as amended upto date in accordance with law.
20. That the complainant finding no other option, has to
file the present complaint before this Hon’ble court for
the offence under section 138 of Negotiable
Instruments Act.1881 as amended upto the date as
the payment has not been made by the accused
despite making the demand.
21. That this Hon’ble Court has got the jurisdiction to try
and entertain the present criminal complaint as cause
of action for filing of the present complaint has been
arisen within the territorial jurisdiction of this Hon’ble
Court as the complaint’s bank situates within the
territorial jurisdiction of this Hon’ble Court. The
prescribed court fee has also been affixed on the
present complaint.

22. That the complaint has been filed within the period of
limitation as prescribed by the Hon’ble Supreme Court
and the proper court fees are also affixed.

PRAYER

It is, therefore, most respectfully prayed that

keeping in view the aforesaid mentioned facts and
circumstances, this Hon’ble Court may graciously be
pleased to:-
 (i) Summon the accused person, and punish himunder

section 138/142 of Negotiable Instruments Act 1881;

and be given the punishment of imprisonment as well as

penalty of an amount equivalent to double the amount

of cheques in question;

(ii) It is also prayed that the accused may kindly be

granted to pay compensation to the complaint for
physical and mental harassment, in the interest of
justice.

(iii) Allow the cost of complaint & litigation expenses in

favour of the complainant; and

(iv) Pass any other or further order(s) as this Hon’ble Court

may deem fit and proper in favour of the complainant &

against the above said accused persons, in the interest

of justice.

It is prayed accordingly please.

PLACE : DELHI COMPLAINANT

DATED:

THROUGH

PRIYARANJAN KUMAR
(ADVOCATE)
OFFICE:KANOONI RASTA
-Justice for All
103/2, St.No.5, Chandu Park,
Krishna Nagar, Delhi-110051
Mob-99714173705 & 9582095160
 IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE,
TIS HAZARI COURTS, DELHI
Criminal Complaint No._____/2019

IN THE MATTER OF:-

VISHAL KHANNA …COMPLAINANT

VERSUS

VIKAS THAKUR …ACCUSED

PS – RAJINDER NAGAR
LIST OF WITNESS

1. Complainant-himself
2. Official/Branch Manager from the branch office PUNJAB
NATIONAL BANK, BRANCH AT RAJINDER NAGAR, DELHI,
the complaint’s banker with record of his bank account
No.0629000100302500 relating to dishonoured cheques in
question & returning memo of returned cheques in
question.
3. Official/Branch Manager from the branch office AXIS
BANK LTD. BRANCH AT SHASTRI NAGAR DELHI-110052,
the banker of the accused with record of his bank account
No.915020050174402 relating to dishonoured cheques in
question.
4. Official/clerk from Tis HazariCourts Branch Delhi relating
to speed posts and delivery thereof.
5. Any other witness(es) with the permission of this Hon’ble
Court.

PLACE : DELHI COMPLAINANT

DATED:
THROUGH
PRIYARANJAN KUMAR
(ADVOCATE)
OFFICE:KANOONI RASTA
-Justice for All
103/2, St.No.5, Chandu Park,
Krishna Nagar, Delhi-110051
 Mob-99714173705 & 9582095160
IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE,
TIS HAZARI COURTS, DELHI
Criminal Complaint No._____/2019

IN THE MATTER OF:-

VISHAL KHANNA …COMPLAINANT

VERSUS

VIKAS THAKUR …ACCUSED

PS – RAJINDER NAGAR

LIST OF RELIANCE

1. Relevant records of the complainant’s bank account

statement.
2. Any other witness(es) with the permission of this Hon’ble
Court.

PLACE : DELHI COMPLAINANT

DATED:
THROUGH
PRIYARANJAN KUMAR
(ADVOCATE)
OFFICE:KANOONI RASTA
-Justice for All
103/2, St.No.5, Chandu Park,
Krishna Nagar, Delhi-110051
Mob-99714173705 & 9582095160
 IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE, TIS
HAZARI COURTS, DELHI

Criminal Complaint No._____/2019

IN THE MATTER OF:-

VISHAL KHANNA …COMPLAINANT

VERSUS

VIKAS THAKUR …ACCUSED

PS – RAJINDER NAGAR
LIST OF DOCUMENTS ALONG WITH DOCUMENTS

(A.) Cheque bearing No.196104 dated 27.11.2018 for an amount

of Rs.5,15,000/- drawn on AXIS BANK LTD. BRANCH AT
SHASTRI NAGAR DELHI-110052, AS Exh.CW-1/A

(B.) Cheque bearing No. 196103 dated 07.12.2018 for an amount

of Rs.15,000/- drawn on AXIS BANK LTD. BRANCH AT
SHASTRI NAGAR DELHI-110052, AS Exh.CW-1/B

(C.) Returning Memos bearing Clearing/Lodgment Date 12-02-

2019 as Exh.CW-1/C(colly).

(D.) Legal Notice dated 26.02.2019 as Exh.CW-1/D.

(E.) Two postal receipts of speed post dated 26-02-2019

regarding dispatchment of legal notice dated 26-02-2019 as
Exh.CW-1/E (Colly).

(F.) Two Internet generated tracking service reportof Legal Notice

dated 26-02-2019 as Exh.CW-1/F (Colly).

(G.) Any other document(s) with the permission of this Hon’ble

Court.

PLACE : DELHI COMPLAINANT

DATED:
THROUGH
PRIYARANJAN KUMAR
(ADVOCATE)
OFFICE:KANOONI RASTA
-Justice for All
103/2, St.No.5, Chandu Park,
Krishna Nagar, Delhi-110051
Mob-99714173705 & 9582095160
IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE,

TIS HAZARI COURTS, DELHI

 Criminal Complaint No._____/2019

IN THE MATTER OF:-

VISHAL KHANNA …COMPLAINANT

VERSUS

VIKAS THAKUR …ACCUSED

PS – RAJINDER NAGAR
AFFIDAVIT

I, VISHAL KHANNA S/O MOHAN LAL KHANNA R/O

21/3, 3RD FLOOR, OLD RAJINDER NAGR, DELHI-
110060,++++
… do hereby solemnly affirm and declare as under:-

1. That the complainant in the above noted case and as

well conversant with the facts and circumstances of
the case and as such I am competent to swear this
affidavit.
2. That the accompanying complainant u/s 138 read
with section 142 of NI act has been drafted by my
counsel under my instruction which is true and
correct and may be read as part and parcel of this
affidavit as the same is not repeated herein for the
sake of brevity.

DEPONENT

VERIFICATION:

It is verified at Delhi on this _______day of ________2019 the

contents of the above affidavit are true and correct to the best of
my Knowledge and belief and nothing material has been
concealed therefrom.

DEPONENT
 IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE, TIS
HAZARI COURTS, DELHI
Criminal Complaint No._____/2019

IN THE MATTER OF:-

VISHAL KHANNA …COMPLAINANT

VERSUS

VIKAS THAKUR …ACCUSED

PS – RAJINDER NAGAR

COMPLAINT’S EVIDENCE BY WAY OF AFFIDAVIT

CW-1:Statement on affidavit in chief examination in pre-

summoning complaint’s evidence of VISHAL KHANNA S/O
Sh. MOHAN LAL KHANNA, R/O 21/3, 3rdFLOOR,OLD
RAJENDER NAGAR, DELHI-110060, do hereby solemnly
affirm and declare as under:

1. That the deponent is the complainant in the present

case as such well conversant with the facts and
circumstances of the case and competent to swear the
present affidavit.

2. That the deponent has not filed any other case against
the accused except the present case. Thus no other
case is pending between the parties to the above noted
complaint case except the present complaint case.

3. That the complainant is a law abiding citizen of India

and has been residing with his family at 21/3, 3rd

Floor, Old Rajinder Nagar, Delhi-110060.

4. That the complainant has been carried out a business

of sellingdairy products as Milk, Lassi, and Paneer etc.

under the name and style as “Khanna Dairy” at Shop

No. T-296, Idgah Road, Filmistan, Delhi.

5. That the accused has been carried out a business of

readymade garments along with his elder brother

Vishal Thakur at monastery, Madhuban Chowk,

Pitampura, Delhi.

6. That the complainant was introduced with the accused

by the elder brother of the accused namely Vishal

Thakur in the year 2003. The complainant had good

and family relations with Vishal Thakur, the elder

brother of the accused as both the complainant and

Vishal Thakur had their studies together in the college

from 2003 to 2006 in Khalsa College, Dev Nagar, Delhi.

7. That the families of the complainant and the accused

were very close to each other as both the families used

to meet with each other on the eve of festivals, birthday

parties and marriages. Sometimes, complainant used

to help and support financially being a good friend of

both the accused and his elder brother Vishal Thakur.

8. That the accused borrowed money from the

complainant on different occasions and the

complainant supported financially to the accused

being a good friend of his elder brother namely Vishal

 Thakur. The accused also returned the borrowed

money to the complainant whenever the complainant

raised the demand of his money and it is evident from

the account of the complainant.

9. That the accused contacted the complainant in the last

week of September 2017 and asked for a friendly loan
of Rs.5,00,000/- (Rupees Five Lakh only ) for the
purpose of construction of his house. The complainant
was aware of the conduct and behavior of the accused
since 2003 so the complainant had no doubt to grant
him a friendly loan of the aforesaid amount. The
complainant assured the accused that the complainant
had only Rs.10,000/- (Rupees Ten Thousand only)
cash in his home.

10. That the complainant withdraw cash of Rs.4,90,000/-

(Rs. Four Lakh and Ninety Thousand only) from his

bank account on 05.10.2017 and by adding

Rs.10,000/- (Rs. Ten Thousand only) cash from his

home, handed over Rs.5,00,000/- (Rs. Five Lakh only)

to the accused at his home in the presence of his elder

brother namely Vishal Thakur.

11. That the accused in November 2018, demanded

Rs.30,000/- (Rupees Thirty Thousand only) again for

the work of electricity fitting in his newly constructed

house. The complainant further handed over the cash

amount of Rs. 30,000/- (Rs. Thirty Thousand only) to

the accused from his personal savings.

 12. That the complainant raised the demand of

Rs.5,30,000/- (Rupees Five Lakh and Thirty Thousand

only) from the accused to return his money. At this, the

accused promised to the complainant to return the

aforesaid amount soon.

13. That the Complainant, in the last week of November

2018, repeatedly requested and contacted the accused

through mobile calling and by sending the text

messages to return his friendly loan as the

complainant was in need of the money for his business.

The complainant noticed that the accused had made

distance from him by ignoring his mobile calls and

messages and also stopped to pick up the mobile calls

of the complainant. The accused replied of the

messages of the complainant sometimes.

14. That when the complainant approached the accused's

houselast week of November 2018, the accused issued

two cheques as details below in favour of the

complainant for discharge of his all liability.

S.No. Cheque No. Date Amount Drawn on

1. 196104 27.11.2018 Rs.5,15,000/- Axis Bank,

Branch Shastri

Nagar, New Delhi

2. 196103 07.12.2018 Rs.15,000/- _____do_____

 15. That accused further assured the complainant that
these cheques will be honoured on presentation at its
due date subject to the condition that the said cheques
may not be presented for encashment until he arranges
to deposite requisite fund in his bank account and
confirmed to do so. Thereafter he kept making execuse
that his mother recently retired from government job
and retirement award/money yet to be came and giving
such false assurance to present the said cheques. On
10th February of 2019 he confirmed to the complainant
to present the said cheques with assurance that the
said cheques will now be honoured.

16. That based on the assurance given by the accused, the

complainant presented the above said cheques through
his banker Punjab National Bank, Branch at Rajinder
Nagar, Delhi for encashment but the same was
returned as dishonored with remark “FUND
INSUFFICIENT” & “DRAWER SIGN DIFFERS” vide
returning memos dated on 12-02-2019. Descriptions
are below:

S.No. Cheque No. Returning Amount Remarks

Memo Date

1. 196104 12-02-2019 Rs.5,15,000/- Fund insufficient

2. 196103 12-02-2019 Rs.15,000/- Drawer Sign Differs

17. That the complainant informed the accused, the fate of

dishonour of above saidcheques bearing No.196104 &
196103 and requested him to clear the liability but the
 accused paid deaf ears and flaty refused to pay the
above mentioned friendly loan amount of
Rs.5,30,000/- therefore finding no other option and
after considering the conduct of the accused, the
complaint under compelling circumstances sent a Legal
Notice dated 26.02.2019 through his lawyer to the
accused, which was dully served upon the accused as
per internet generated trackings, whereby the accused
was called upon to make the payment of aforesaid
cheques amount within 15 days from the receipt of
legal notice dated 26.02.2019. (The copy of legal notice
is annexed as ANNEXURE-A (colly)). (The original
speed post receipts is annexed as ANNEXURE-B
(colly))

18. That the complainant had tracked the legal notices

which were sent on 26/02/2019 through speed post,
hence the notices were delivered to the both addresses
on 27/02/2019. ( the copy of speed post track is
annexed as ANNEXURE-C & D)

19. That the accused has knowledge of his dishnore of the

cheque, who has not come forward to pay even a single
penny to the complainant till date, even after receiving
of legal notice dated 26.02.2019 addressed to him at
his both residence address mentioned hereinabove in
the memo parties.
20. That the accused has deliberately, intentionally and
with fraudulent and malicious designs intended to
cause wrongful loss to the complainant by issuing the
aforesaid two cheques and promising its realization,
which has been returned by the banker of the accused
as dishonour for insufficient funds and drawer sign
differ, thus the accused due to his aforesaid illegal act
 is liable to face the criminal proceeding for the offence
under section 138 of Negotiable instrument Act.1881
as amended upto date in accordance with law.
21. That the complainant finding no other option, has to
file the present complaint before this Hon’ble court for
the offence under section 138 of Negotiable
Instruments Act.1881 as amended upto the date as the
payment has not been made by the accused despite
making the demand.
22. That the deponent relies upon the following
documents:

(A.) Cheque bearing No. 196104 dated 27.11.2018 for an amount

of Rs.5,15,000/- drawn on AXIS BANK LTD. BRANCH AT
SHASTRI NAGAR DELHI-110052, AS Exh.CW-1/A

(B.) Cheque bearing No. 196103 dated 07.12.2018 for an amount

of Rs.15,000/- drawn on AXIS BANK LTD. BRANCH AT
SHASTRI NAGAR DELHI-110052, AS Exh.CW-1/B

(C.) Returning Memos bearing Clearing/Lodgment Date 12-02-

2019 as Exh.CW-1/C(colly).

(D.) Legal Notice dated 26.02.2019 as Exh.CW-1/D.

(E.) Two postal receipts of speed post dated 26-02-2019 regarding

dispatchment of legal notice dated 26-02-2019 as Exh.CW-
1/E (Colly).

(F.) Two Internet generated tracking service report of Legal Notice

dated 26-02-2019 as Exh.CW-1/F (Colly).

23. That the present affidavit contains my statement which

has been drafted by my counsel under my instructions
and the same have been read over to me and
understood by by me in my vernacular and the same
are true and correct.

DEPONENT
VERIFICATION:

It is verified at Delhi on this _______day of ________2019 the

contents of the above affidavit are true and correct tothe best of
my Knowledge and belief and nothing material has been
concealed therefrom.

DEPONENT