Cheque Bounce

1st June,2018
To,
1. Mr. Pranav Mishra, S/o Mr. Rajesh Mishra

R/o Prem Nagar, Dehradun, (U.K)
2. Mr. Ramesh Mittal, Owner of Gangotri foundation

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:-
1. That you addressee for the purpose of yielding agriculture have

brought quintals of soyabeen seeds from my client.
2. That you addressee took exemption for sometime and didn't

paid the amount of Rs. 1,30,000/- for 1 year by giving reason of
bad financial condition of the family at that time and promised
to pay him the amount as soon as the crops yield the result and
the same was granted by my client seeing the condition of the
addressee.
3. That my client gave several reminders to the addressee
regarding the payment of money after 1 year but he kept
delaying the same.
4. That after the completion of 1 year the adressee left the town.
5. That after reminding by my client regarding the payment of the
above said amount presented the cheque no. 49857 of Bank of
Baroda, Vasant Vihar, Dehradun dated 20.05.2018 amounting
to Rs. 1,30,000/- against which my client was holder in due
course for consideration.
6. That the said cheque was presented by my client under your
assurance with his bank, which was returned by the bank vide
memo dated 20.05.2018 with an endorsement “Signature
Mismatch.”
7. 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.
8. 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.”
9. That you addressees are entitle to make payment of the said
amount to my client and the aforesaid act of you addressees
amounts to malafide & fraudulent act and an offence committed
in violation to provisions under Section 138 Negotiable
Instruments Act, 1881 and hence the present notice is being
sent to you addressees in accordance with the provisions of
Section 138 Negotiable Instruments Act, 1881.
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
Complaint No. of 2018
Dhara Agro Ltd., having its office opp to nehru stadium Chippaner
road, Dehradun, through its Manager Shri Rahul Sharma
………….Complainant
Versus
1. Mr. Pranav Mishra S/o Mr. Rajesh Mishra

2. Mr. Ramesh mittal, Owner of Gangotri foundation,

……………Opposite Parties
P.S. Kotwali, Dehradun

U/s 138 Negotiable Instruments Act
Complaint U/s 138 of the Negotiable Instruments Act, 1886.
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.
2) That the Opposite parties is a farmer Mr. Pranav Mishra working in

gangotri foundation.That the opposite party purchased a quintals of
soyabean seeds from my client anddidn't paid the amount of Rs.
1,30,000 to my client and took and exemption for 1 year giving reason
of bad family conditions. Bestowing trust on the opposite party my
client granted the exemption.
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.
6) That my client gave several reminders to the addressee regarding the

submission of amount but he kept delaying the same.
7) That after the completion of the 1 year the addressee left the town
without payimg any amount.
8) That after reminding by my client regarding the payment of the above

said amount the addressee presented the cheque no. 345678 of Bank
of Baroda, Vasant Vihar, Dehradun dated 20.05.2018 amounting to
Rs. 1,30,000/- against which my client was holder in due course for
consideration.
9) That the said cheque was presented by my client under your assurance
with his bank, which was returned by the bank vide memo dated
20.05.2018 with an endorsement “Signature Mismatch.”
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.
DEHRADUN
Dhara Agro Ltd.

Versus
Mr. Pranav Mishra S/o Mr. Rajesh Mishra
Affidavit of Mr. Rahul Sharma aged about 49 years S/o Shri P.R.
Sharma R/o 109, Park Road, LaxmanChowk, Dehradun.
……………….Deponent
I the above named deponent do hereby most respectfully submits as

under:-
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
DEHRADUN
Dhaara Agro Ltd.

Versus
Mr. Pranav Mishra S/o Mr. Rajesh Mishra
LIST OF DOCUMENTS FILED ON BEHALF OF THE

COMPLAINANT
1. Copy of authority letter issued in favor of Mr. Rahul Sharma.
2. Original Cheque no.345678 dated 20.05.2018 amounting to

Rs.1,30,000/- presented by opposite parties.
3. Memo of bank dated 20.05.2018
4. Notice dated 01.06.2018.
5. AD Card.
Dated:- Counsel for Complainant
Dehradun
Presented by:-
Akansha Sokal
Advocate.

Cheque Bounce

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1st June,2018

1. Mr. Pranav Mishra, S/o Mr. Rajesh Mishra

2. Mr. Ramesh Mittal, Owner of Gangotri foundation

1. That you addressee for the purpose of yielding agriculture have

2. That you addressee took exemption for sometime and didn't

Complaint No. of 2018

1. Mr. Pranav Mishra S/o Mr. Rajesh Mishra

2. Mr. Ramesh mittal, Owner of Gangotri foundation,

P.S. Kotwali, Dehradun

Complaint U/s 138 of the Negotiable Instruments Act, 1886.

2) That the Opposite parties is a farmer Mr. Pranav Mishra working in

6) That my client gave several reminders to the addressee regarding the

8) That after reminding by my client regarding the payment of the above

Complaint No. of 2018

Dhara Agro Ltd.

I the above named deponent do hereby most respectfully submits as

Complaint No. of 2018

Dhaara Agro Ltd.

LIST OF DOCUMENTS FILED ON BEHALF OF THE

1. Copy of authority letter issued in favor of Mr. Rahul Sharma.

2. Original Cheque no.345678 dated 20.05.2018 amounting to

3. Memo of bank dated 20.05.2018

4. Notice dated 01.06.2018.

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