Cheque Bounce
Cheque Bounce
To,
Sir,
Under instructions from my client Dhara Agro having it's office
opp to nehru stadium chippaner road, Dehradun, through it's
Manager Rahul Sharma and authorized signatory, I hereby
serves you legal notice as under:-
That you addresses are hereby called, upon to, repay my client
the said amount of Rs. 1,50,00,000/-, within 15 days from the
service of this notice. Failing compliance my client shall have
no other option but to file a complaint U/s 138 Negotiable
Instrument Act, 1881, against you addressees before the
competent Court having jurisdiction at your risk, cost and
responsibility.
Akansha Sokal,
Advocate
IN THE COURT OF JUDICIAL MAGISTRATE I,
DEHRADUN
Dhara Agro Ltd., having its office opp to nehru stadium Chippaner
road, Dehradun, through its Manager Shri Rahul Sharma
………….Complainant
Versus
……………Opposite Parties
Sir,
The above named complainant most respectfully submits as under:-
1) That the complainant is firm which provides agricultural seeda to the
farmers and distributes it to various other companies and Mr. Sanjeev
Sokal is the owner of the firm who has authorized Mr. Rahul Sharma
to file the present complaint on his behalf.
3) That the opposite party the left the town after 1 year and didn't
responded to reminders given by my client.
4) That the opposite party had to pay the intersest of 20,000 yo my client
for the exemption it received from my client and had to pay total sum
of 1,50,000.
5) The amount to be paid was well known by the opposite party and
several reminders were given to the addressee.
7) That after the completion of the 1 year the addressee left the town
without payimg any amount.
10) That after which the addressee assured my client that due to mistake
they failed to make the correct matching signature with the bank
records and on representation of the same by in bank the same will be
cleared.
11) That bestowing faith upon you addressees, after giving prior
intimation, my client represented the said Cheque with his Bank,
however to his utter surprise the same was again returned with the
endorsement “Signature Mismatch.”
12) That being aggrieved by the same the complainant sent a notice U/s
138 NI Act, 1881, to the Opposite Parties on 01.06.2018 through
Registered A.D. post.
13) That the said notice was not duly served by the Opposite parties, who
still ignored to pay the above mentioned amount.
14) That the opposite parties have malafidely restrained them from
making payment of amount to the Complainant, which he is entitle to
receive from the Opposite Parties.
15) That due to the alleged act of the Opposite Parties the complainant
was subjected to suffer unnecessary mental & physical harassment
and also due to blockage of an hefty amount of Rs. 1,30,000/- the
complainant was also subjected to suffer loss of opportunities.
16) That the act of the Opposite parties/accused is punishable U/s 138
Negotiable Instrument Act.
17) That the cause of action arose under the jurisdiction of this Hon’ble
Court and this Hon’ble Court has jurisdiction to arose and adjudicate
the above complaint.
It is therefore most respectfully prayed that the Opposite Parties be
summoned and punish them under Section 138 of the NI Act and the
Opposite Party/accused be directed to make payment of the amount as
under the said Cheque alongwith penalty.
Rahul Sharma
……………………..Complainant through
authorized signatory.
Dated:- 20th June 2018
Dehradun
Presented by:-
Akansha Sokal
Advocate.
IN THE COURT OF JUDICIAL MAGISTRATE I,
DEHRADUN
Affidavit of Mr. Rahul Sharma aged about 49 years S/o Shri P.R.
Sharma R/o 109, Park Road, LaxmanChowk, Dehradun.
……………….Deponent
1. That the deponent is the Managerand is authorized to sign and file the
present complaint on behalf of the Complainant and is fully
acquainted with the facts deposed to below.
2. That a complaint U/s 138 NI Act is being moved against the opposite
parties alongwith this affidavit. The contents of the same are true and
correct and the same are liable to be read and understood as an
integral part of this affidavit, which are not being repeated herewith
for the sake of brevity.
3. That the deponent has full hope of success in the present matter.
……………….Deponent
I the above named deponent do hereby verify that the contents of para
1 to 3 of the above affidavit are true and correct. Nothing material has
been concealed herewith and no part of it is untrue. So help me God.
Verified at Dehradun on 20th June 2018
Rahul Sharma
………………Deponent
IN THE COURT OF JUDICIAL MAGISTRATE I,
DEHRADUN
5. AD Card.
Dated:- Counsel for Complainant
Dehradun
Presented by:-
Akansha Sokal
Advocate.