IN THE COURT OF HON’BLE PRINCIPAL JUDGE, FAMILY COURTS,

NORTH DISTRICT, ROHINI COURTS, DELHI

H.M.A. CASE NO. …… OF 2023

IN THE MATTER OF:

SMT, SAROJ @ SAROJ BALA ….. PETITIONER NO.1

AND

SH. LEKH RAM ……... PETITIONER NO.2

PS: ADARSH NAGAR

INDEX
S.NO. PARTICULARS COURT PAGE
FEES

1. Memo of Parties
2. Complaint U/s 13(B) (1) of H.M.
ACT, 1955 ALONGWITH
SUPPORTING AFFIDAVIT OF
PETITIONERS
3. AFFIDAVIT/ CUM
UNDERTAKING OF PETITIONERS
TO ABIDE WITH THE
SETTLEMENT IN VIEW OF THE
MATTER OF “SH. RAJAT GUPTA
VSS RUPALI GUPTA”
JUDGEMENT PASSED BY
HON’BLE DELHI HIGH COURT
DATED VIDE CONT. CASE
 ( C)77/2023.
4. AFFIDAVIT OF BOTH
PETITIONERS PERTAINING TO
NOT HAVING MARRIAGE CARD
5. LIST OF DOCUMENTS
ALONGWITH DOUCMENTS
7. VAKALATNAMA

NEW DELHI

Date: ………… Through

COUNSEL
IN THE COURT OF HON’BLE PRINCIPAL JUDGE, FAMILY COURTS,
NORTH DISTRICT, ROHINI COURTS, DELHI
H.M.A. CASE NO. …… OF 2023

IN THE MATTER OF:

SMT, SAROJ @ SAROJ BALA ….. PETITIONER NO.1

AND

SH. LEKH RAM ……... PETITIONER NO.2

PS: ADARSH NAGAR
MEMO OF PARTIES
ST, SARIH@SAROJBAKA
W/O SH. LEKH RAM
R/O HOUSE NO-380/81
MATA WALI GALI, AZADPUR VILLAGE,
N.S MANDI, DELHI-110033
AND
LEKH RAM S/O SH. BALI RAM
R/O WARD NO-5, SHYAM COLONY,
NEAR INDAINE GAS AGENCY, HODAL, PALWAL,
HODAL-121106
(HARYANA) PETITIONER NO.2

DELHI
Dated

PETITIONER no. 1 PETITIONER NO.2

THROUGH
COUNSEL COUNSEL
 IN THE COURT OF HON’BLE PRINCIPAL JUDGE, FAMILY COURTS,
NORTH DISTRICT, ROHINI COURTS, DELHI
H.M.A. CASE NO. …… OF 2023

IN THE MATTER OF:

SMT, SAROJ @ SAROJ BALA ….. PETITIONER NO.1

AND

SH. LEKH RAM ……... PETITIONER NO.2

PS: ADARSH NAGAR
MEMO OF PARTIES
ST, SARIH@SAROJBAKA
W/O SH. LEKH RAM
R/O HOUSE NO-380/81
MATA WALI GALI, AZADPUR VILLAGE,
N.S MANDI, DELHI-110033
AND
LEKH RAM S/O SH. BALI RAM
R/O WARD NO-5, SHYAM COLONY,
NEAR INDAINE GAS AGENCY, HODAL, PALWAL,
HODAL-121106
(HARYANA) PETITIONER NO.2
PS:ADARSH NAGAR
PETITION UNDER SECTION 13-B(2) OF THE HINDU MARRIAGE ACT,
1955, AS AMENDED UPTO DATE FOR DISSOLUTION OF THE MARRIAGE
BY MEANS OF A DECREE OF DIVORE BY MUTUAL CONSENT.

MOST RESPECTFULLY SHOWETH;-

1. That the first motion of mutual divorce petition filled u/s 13-B (1) of HMA
bearing no.1597/2023 was allowed by the hon’ble Court of Sh. Sanjay Jindal,
 Ld. Princiall Judge, Family court, North District, Rohini Courts, Delhi on dated
11.08.2023
2. That the marriage between the parties was solemnized on 05.11.2018 as per
hindu rites, rituals and customs at Delhi ad marriage was duly cohabited and
consummated and one child namely Divyansh was born our from the said
wedlock. Requisite affidavits in this regard are duly attested and filed hereiwith
3. That the statues, age place of residence of thee parties at the time of marriage
and at the time of filing of the present petition were/areas under;-
PETITIONER NO.1/ HUSBAND
STATUS AGE PLACE OF
RESIDENCE
At the time of Hindu virgin
marriage
At the time of filing Hindu Married
of the petition

PETITIONER NO.2/WIFE
STATUS AGE PLACE OF
RESIDENCE
At the time of Hindu virgin
marriage
At the time of filing
of the petition
4. That soon after the marriage of the parties to the petition i.e. petitioner no. 1 and
petitioner no.2 some temperamental differences arose between the parties as
such, the parties in the petition could not adjust with easch toher because of their
differences and ultimately parties to the petition got separated and started living
separately form 22.09.20 and have not been able to live and cohabit together
sience then ad there is no possibility of re-union and reconciliation between
them.
5. That thereafter the petitioner no.2 has filed a case U/s 125 Cr.P.C. against the
petitioner no.1 which was pending in the court of Sh. Neeraj Gaur , Ld. PDFC,
North, Rohini Courts, Delhi vide MT no. 39/21 and one more case of divorce
U/s 13(i) (ia) of HMA filed by the petitioner no.2 against the petitioner no.1
vide HMA No. 100/2021 which was pwnding in the court of Sh. Neeraj Caour,
Ld. PJFC, North, Rohini Courts, Delhi.
6. That thereafter the Hon’ble Court of Sh. Sanjay Jindal, Ld. PJFC, North,
DRohini Courts, Delhi has sent the parties to the mediation for settlement and
the process of counseling has been explained in details to the parties with
greater emphasis of confidentiality. The petitioner heard jointly and separately
they have agreed to settle their matter voluntarily without any force/ coercion on
the following terms and conditions:-
a. The parties have agreed to dissolve their marriage by mutual consent in
accordance with the law, as provided under section 13(B) of the Hindu
Marriage Act.
b. It is agreed between the parties that petitioner no. 1 shall pay to the
petitioner no.2 a sum of Rs. 30,000/-( Rupees Thirty Thousand only)land
final settlement against stridhan and dowry, maintenance towards post,
present and future qua this marriage) in two installment by way of DD/ Pay
order.
c. It is further agreed between the petitioners that our of the settle amount, the
petitioner no.1 has already been paid a sum of 200000 ( Two lakhs only) to
the petitioner no.2 at the time of recording of statement of first motion by
way of cash.
d. It is further agreed between the petitioner that the petitioner no.2 will pay a
sum of Rs. 15,000/- to the petitioner no.2 at the time of recording of
statement of second motion by way of DD/Pay Order.
e. It is further agreed between the petitioners that the first motion petition has
been filed on or before 10.08.2023 and second motion petition shall be filed
soon after the completion of the statutory period to the order under section
13 B(1) of the HMA.

f. It is further agreed between the parties that there is/are one male child
namely Divyansh aged 3½ years born from this wedlock, who is living with
petitioner no.2. It is agreed amongst the petitioners that the custody will be
with the petitioner no.2 and petitioner no.1 will have visitation rights.
g. It is further agreed between the petitioners that the petitioner no.2 has
already been withdrawn the both cases i.e. U/s 125 Cr.P.C. and Divorce case
before the concerned court of Sh. Neeraj Gaur, Ld. JFC, North, Rohini
Court, Delhi on 04.11.2023.
h. It is further agreed between the petitioners that they will withdraw any other
complaint / case filed by against either of the petitioner in any other court in
Delhi/India.
i. The above settlement is with respect to all claims of petitioner no.2 past,
present and future alimony stridhan, maintenance pending amount of
maintenance, articles property ect and neither petitioner no.2 nor her
relatives shall claim anything from petitioner no.1 or his family members in
future for herself.
j. All the matters emanating from this marriage whether civil or criminal are
settled and neither the petitioners nor their relatives shall make any claim
against each other in future and will not file any case/complaint against each
other at any time in future in any court of law/police station etc.
k. It is agreed between the petitioners that if either of the petitioner commit
breach or default of this mutually agreed settlement after the recording of
 first motion or second motion petitioner no.2 back out, the amount taken at
the time of first motion shall be returned to the petitioner no.1 with 2%
interest per month and if petitioner no.1 backs out, the amount given at the
time of first motion shall stand forfeited by the petitioner no.2. It is further
understood by the parties that for breach of the undertaking given to the
concerned court willful/deliberate violation of a of consent order/decree, the
defaulting party will be liable to be punished for contempt of court.
l. The petitioners have agreed on each and every terms as recorded in the
settlement agreement, after carefully reading over and fully understanding
and appreciating the contents, scope and effect thereof, as also the
consequences of the breach thereon, including payment of the fine/penalty
as mentioned above.
7 That there has not been any unnecessary or improper delay in filing the
present petition.
8 That there is no other legal ground as to way the relief claimed in the present
petition should not be granted.
9 9. That the marriage between the parties was solemnized at Delhi and the
parties to the petition lastly resided and co-habited together in the
matrimonial home in Delhi and are now residing in Delhi within the
territorial jurisdiction of this Hon'ble Court, hence this Hon'ble Court has got
the jurisdiction to try and adjudicate the present petition.
10 That the appropriate court fees has been affixed on the petition.

PRAYER:-

It is, therefore, prayed that the marriage between the petitioners may kindly
be dissolved by a decree of divorce by way of mutual consent as provided
Under Section 13-B (2) H.M. ACT. The parties do not claim any relief of
cost against each other

VERIFICATION:

We, the above named petitioners No 1 and 2 do hereby verify on solemn

affirmation that the contents of paras No. 1 to are true and correct to our
knowledge and belief and those of paras 7 toto are believed to be true upon
legal advice received. Last para is prayer to this Hon'ble court.

Verified at Delhi on this 18 day of November 2023.

IN THE COURT OF HON'BLE PRINCIPAL JUDGE FAMILY
COURTS, NORTH DISTRICT, ROHINI COURTS, DELHI

H.M.A. CASE NO.

IN THE MATTER OF:

SATENDER KUMAR

OF 2023 PETITIONER NO.1

AND AARADHNA BHARTI ...PETITIONER NO.2

AFFIDAVIT

1, SATENDER KUMAR S/O SH JAGANΝΑΤΗ CHADRAVANSHI,

AGED ABOUT 30 YEARS, R/O KHASRA NO-143, GALI NO-31,
SAMTA VIHAR, PART-2, MUKUNDPUR, PANSALI, NORTH WEST
DELHI, DELHI-110042, Do hereby solemnly affirm and declare as under:

1. The deponent is the petitioner no.1 in the accompanying petition and well
conversant with facts of the same case.

2. The marriage between the parties was solemnized on 05.11.2018 as per

Hindu Rites

ath Commuss and Ceremonies at Delhi.

Court

3.That the accompanying petition has been drafted by my counsel as per my

instructions and same has been read over and explained to me in vernacular
language, I have understand the same.

4. That the contents of the accompanying petition may kindly be read as part
and parcel of this affidavit, the same are not repeated herein for the sake of
brevity.

That the marriage between the parties has been irretrievably broken down
and there is no hope for any patch between the parties and the parties are
living separately since 22.09.2020.

VERIFICATION:

Verified at Delhi on this Day of November, 2023 that the contents of my

affidavit are true and correct to the best of my knowledge and belief and
nothing material has been concealed therefrom
IN THE COURT OF HON'BLE PRINCIPAL JUDGE, FAMILY COURTS,
NORTH DISTRICT, ROHINI COURTS, DELHI

H.M.A. CASE NO. OF 2023

IN THE MATTER OF:

SATENDER KUMAR

AND

PETITIONER NO.1

AARADHNA BHARTI

..PETITIONER NO.2

AFFIDAVIT

1, AARADHNA BHARTI W/O SH. SATENDER KUMAR, AGED

ABOUT 25 YEARS, R/O HOUSE NO-133, STREET NO-10,
MUKUNDPUR, JANTA VIHAR, SHANJAR PUR, NORTH WEST
DELHI, DELHI- 110042, do hereby solemnly affirm and declare as under:

1. The deponent is the petitioner no.2 in the accompanying petition and well
conversant with facts of the same case.

2. The marriage between the parties was solemnized on 05.11.2018 as per

Hindu Rites and Ceremonies at Delhi.

3. That the accompanying petition has been drafted by my counsel as per my

instructions and same has been read over and explained to The in vernacular
language, I have understand the same.
4. That the contents of the accompanying petition may kindly be read as part
and parcel of this affidavit, the same are not repeated herein for the sake of
brevity.

5. That the marriage between the parties has been irretrievably broken down
and there is no hope for any patch between the parties and the parties are
living separately 22.09.2020.

DEPONENT

VERIFICATION: 18 NOV 2023

on Verified at Delhi this 18th Day of November, 2023 that the contents of
my affidavit are true and correct to the best of my knowledge and belief and
nothing material has been dancealed therefrom.
IN THE COURT OF HON'BLE PRINCIPAL JUDGE, FAMILY COURTS,
NORTH DISTRICT, ROHINI COURTS, DELHI

H.M.A. CASE NO. OF 2023

IN THE MATTER OF:

SMT. SAROJ @ SAROJ BALA...PETITIONER NO.1 AND

S4. LEKH RAM

PETITIONER NO.2

PS:

AFFIDAVIT/CUM UNDERTAKING OF PETITIONER NO.1 TO ABIDE

WITH THE SETTLEMNT IN VIEW OF THE MATTER OF "SH. RAJAT
GUPTA VS RUPALI GUPTA" JUDGMENT PASSED BY HON'BLE
DELHI HIGH COURT DATED 15.05.2018 VIDE CONT. CASE
(C)772/2013.

I, SMT. SAROJ @ SAROJ BALA W/O SH. LEKH RAM, AGED ABOUT
37 YEARS, R/O HOUSE ΝΟ-380/81, MATA WALI GALI, AZADPUR
VILLAGE, N.S. MANDI, DELHI-110033, I do hereby solemnly affirm and
declare as under:

1. That I am petitioner no.1 in the above noted case and I am well

conversant with the facts
 IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE, ROHINI
COURTS, DELHI

IN THE MATTER OF:

Divya …COMPLAINANT

VERSUS

Yogesh …ACCUSED(s)
PS: Bawana

LIST OF DATES

13.07.2023: Date of the cheque bearing No. 226985 for Rs.3, 00,000/-

15.07.2023: Cheque dishonored by the banker of the accused persons.

(For the reason “PAYMENT STOPPED BY DRAWER”)

14.08.2023: Legal demand notice dated 14.08.2023 sent through

Speed Post. (i.e. within 30 days of dishonor of cheque)

31.08.2023: Notice period expires (Fifteen days)

30.09.2023: Last date for filing the case in court. (Excluding Holidays)

.09.2023: Complaint case filed in court.

NEW DELHI

COMPLAINANT

Date: .09.2023 Through

Counsel
 IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE, ROHINI
COURTS, DELHI

IN THE MATTER OF:

Divya …COMPLAINANT

VERSUS

Yogesh …ACCUSED(s)
PS Bawana

COMPLAINT UNDER SECTION 138 READ WITH SECTION 142

NEGOTIABLE INSTRUMENTS ACT, 1881

MOST RESPECTFULLY SHOWETH:

1. THAT, above-mentioned accused person, approached the complainant on different

occasions and requested for friendly loan from time to time and due to long

standing relation of the accused person with the complainant and also being

resident of same village of the complainant, advanced the accused person a total

sum of Rs. 36,50,000/- in parts from February 2022 to May 2023.

2. THAT, the accused person, at the time of requesting money from the complainant

assured the complainant that he would repay the loan amount within one year from

the date of loans granted him on different occasions. It is pertinent to mention that

on the request of the accused person, a loan of Rupees Rs. 3, 00, 000/-(Rupees

Three Lacs only) was granted to the accused person by the complainant and a loan

agreement dated 19/02/2023 was also executed.

3. That, as promised by the complainant, after completion of one year, the

complainant approached the accused person and requested him to repay the loan
 amount/ admitted liability of Rs. 3, 00, 000/- (Rupees Three Lacs only) which was

granted to the accused person on 19/02/2022 but the accused person sought some

more time to clear the outstanding loan amount/ liability and being a gullible

person and residents of the same village, the complainant granted him some more

time.

4. That, finally, in order to discharge part liability from the total loan amount granted

to the accused person from time to time, the accused persons issued one cheque

dated 13/07/2023 bearing no. 226985 for Rs.3,00,000/-(Rupees Three Lacs only)

under his signature from the account maintained by him, with his bank i.e. Punjab

National Bank, Dariyapur Kalan Branch, New Delhi and again sought some

more time to return rest of the amount/ balance liability i.e. Rs. 33,50,000/- (Rs.

Thirty Three Lacs and Fifty Thousand only) owing to his bad financial condition

and again believing on the false promise, the complainant granted accused person

some more time to clear the admitted liability.

5. THAT, the accused person, at the time of issuing cheque and even after handing

over the cheque to the complainant, had been assuring the complainant that the said

Cheque would definitely be honoured by the banker on presentation as there was

sufficient amount in the account, but when the cheque was presented by the

complainant with her banker namely, Punjab National Bank, Dariyapur Kalan

Branch, New Delhi shockingly it was returned unpaid by the banker as got

dishonoured, vide return memo dated 14/07/2023 for the reason “Payment

stopped by drawer”.

6. That, the accused has intentionally, mischievously, deliberately and mala-fidely,

right after issuing the cheque, sent a frivolous notice to the complainant which
 clearly shows that the complainant, from the very beginning, had no intention to

return the loan amount and induced the complainant to lent the accused person a

huge amount of R. 36, 50, 000/- (Rs. Thirty Six Lacs and Fifty Thousand only) to

cause wrongful loss to the complainant and wrongful gain to himself. This

dishonest act of the accused has caused an irreparable financial loss and mental

harassment and this act of accused has made it crystal clear that right from the

inception the accused person had the intention to cheat the complainant.

7. That, finally the complainant sent a legal notice on dated 14 th August 2023 sent on

14th August 2023 by registered post, whereby the accused person was called upon

to make the payment of the undisputed admitted liability within fifteen days from

the date of receipt of the said legal demand notice.

8. That the legal notice of demand send through registered post was duly served on

the accused person on dated 16th August, 2023 which was duly replied by the

accused person and shockingly, the accused person denied the fact that any amount

is due against the accused person and failed to clear the outstanding amount within

15 days of the receipt of legal notice of demand which has made it clear that the

accused person has the modus operandi to dupe the accused person and the

Accused is guilty of committing offence u/s 138 of Negotiable Instruments Act

also.

9. THAT the stipulated period of 15 days from the date of receiving of legal demand

notice dated 14th August 2023 expires on 31st August, 2023 and no payment has
 been made, thus, the cause of action for initiating the instant complaint case under

section 138 Negotiable Instruments Act, 1881 (XLV of 1881) has arisen on 31 st

August, 2023.

10. That the complaint has been filed within one month of the date on which the cause

of action arose under clause (C) of proviso to section 138 of negotiable instruments

act, 1881.

11. That, since the complainant maintains her account with the Auchandi branch, the

offence has been committed within the jurisdiction this Hon’ble Court hence, the

Hon’ble Court has jurisdiction to try, summon and punish the accused persons.

PRAYER

It is therefore, most respectfully prayed to this Hon’ble Court to try, summon and

punish the accused persons for the offence under Section 138 read with Section 142

of Negotiable Instrument Act, and the fine may please be ordered to be paid to the

Complainant;

And;

The accused person be penalized to pay double the amount of the cheque involved

in the present complaint, in favour of the complainant;

And;

Any other orders which this Hon’ble court may deem fit and proper in the interests

of justice.

NEW DELHI COMPLAINANT

Date: ___.08.2023 Through

Ankit Sharma
Counsel
Ch.No.1330, Rohini Courts
9999447348
[email protected]
 IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE, ROHINI
COURTS, DELHI

IN THE MATTER OF:

Divya …COMPLAINANT

VERSUS

Yogesh …ACCUSED(s)
PS: Bawana
MEMO OF PARTIES

Divya
W/o Monty
R/o: Gaddi Road, VPO Mugeshpur
Delhi 110039
…Complainant

VERSUS
Yogesh
Resident of:
H.no. 107, Village, Mugeshpur
Delhi 110039 …Accused(s)

NEW DELHI COMPLAINANT

Date: .09.2023 Through

Ankit Sharma
Ch.No.1330, Rohini Courts
9999447348
[email protected]
 IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE, ROHINI
COURTS, DELHI
IN THE MATTER OF:

Divya …COMPLAINANT

VERSUS

Yogesh …ACCUSED(s)
PS: Bawana

LIST OF DOCUMENTS ALONGWITH DOCUMENTS

1. Original cheque bearing No. 226985 for Rs.3,00,000/-.

2. Original return memo dated 14.07.2023.

3. Copy of Agreement

4. Office Copy of Legal notice dated 14.08.2023.

5. Original speed post receipts.

6. E-Tracking Reports.

7. Reply of legal notice.

8. Envelope

9. Pen Drive consists of Audio and Video Recording.

10. Certificate of 65B.

NEW DELHI COMPLAINANT

Date: .09.2023 Through

Ankit Sharma
Ch.No.1330, Rohini Courts
9999447348
[email protected]
 IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE, ROHINI
COURTS, DELHI

IN THE MATTER OF:

Divya …COMPLAINANT

VERSUS

Yogesh …ACCUSED(s)
PS: Bawana

LIST OF WITNESSES ON BEHALF OF COMPLAINANT

1. Complainant.

2. Bank manager / Clerk of the bank of the complainant with Officials records.

3. Bank manager / Clerk of the bank of the accused with Officials records.

4. Clerk / Officer Incharge of Indian post of office with records

5. Any other witnesses with the permission of Hon’ble Court.

NEW DELHI

COMPLAINANT

Date: .09.2023 Through

Ankit Sharma
Ch.No.1330, Rohini Courts
9999447348
[email protected]
 IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE, ROHINI
COURTS, DELHI

IN THE MATTER OF:

Divya …COMPLAINANT

VERSUS

Yogesh and anr. …ACCUSED(s)

PS: Bawana

PRE SUMMONING EVIDENCE BY WAY OF AFFIDAVIT ON BEHALF OF

COMPLAINANT

Affidavit of Smt. Divya W/o Sh. Monty, R/o VPO Gaddi Road, Mungeshpur, Delhi-
110039.
I, the above-named deponent, do hereby solemnly affirm and declare as under:

1. THAT the deponent is the complainant in the above-mentioned matter and well
conversant with the facts and circumstances of this case and hence competent to
swear this affidavit.
2. THAT, above-mentioned accused person, approached the Deponent on different
occasions and requested for friendly loan from time to time and due to long
standing relation of the accused person with the complainant and also being
resident of same village of the complainant, advanced the accused person a total
sum of Rs. 36,50,000/- in parts from February 2022 to May 2023.
3. THAT, the accused person, at the time of requesting money from the Deponent
assured the Deponent that he would repay the loan amount within one year from
the date of loans granted to him on different occasions. It is pertinent to mention
that on the request of the accused person, a loan of Rupees Rs. 3, 00, 000/-(Rupees
Three Lacs only) was granted to the accused person by the complainant and a loan
agreement dated 22/02/2023 was also executed.
4. That, as promised by the Deponent, after completion of one year, the Deponent
approached the accused person and requested him to repay the loan amount/
admitted liability of Rs. 3, 00, 000/- (Rupees Three Lacs only) which was granted
 to the accused person on 22/02/2022 but the accused person sought some more
time to clear the outstanding loan amount/ liability and being a gullible person and
residents of the same village, the deponent granted him some more time.
5. That, finally, in order to discharge part liability from the total loan amount granted
to the accused person from time to time, the accused persons issued one cheque
dated 13/07/2023 bearing no. 226985 for Rs.3,00,000/-(Rupees Three Lacs only)
under his signature from the account maintained by him, with his bank i.e. Punjab
National Bank, Dariyapur Kalan Branch, New Delhi and again sought some
more time to return rest of the amount/ balance liability i.e. Rs. 33,50,000/- (Rs.
Thirty Three Lacs and Fifty Thousand only) owing to his bad financial condition
and again believing on the false promise, the deponent granted accused person
some more time to clear the balance admitted liability.
6. THAT, the accused person, at the time of issuing cheque and even after handing
over the cheque to the deponent, had been assuring the Deponent that the said
Cheque would definitely be honoured by the banker on presentation as there was
sufficient amount in the account, but when the cheque was presented by the
complainant with her banker namely, Punjab National Bank, Dariyapur Kalan
Branch, New Delhi shockingly it was returned unpaid by the banker as the same
got dishonoured, vide return memo dated 14/07/2023 for the reason “Payment
stopped by drawer”.
7. That, it is pertinent to mentioned that the accused has intentionally, mischievously,
deliberately and mala-fidely, right after issuing the cheque, sent a frivolous notice
to the complainant which clearly shows that the complainant, from the very
beginning, had no intention to return the loan amount and induced the complainant
to lent the accused person a huge amount of R. 36, 50, 000/- (Rs. Thirty Six Lacs
and Fifty Thousand only) to cause wrongful loss the deponent and wrongful gain to
himself. This dishonest act of the accused has caused an irreparable financial loss
and mental harassment and this act of accused has made it crystal clear that right
from the inception the accused person had the intention to cheat the complainant.
8. That, finally the Deponent sent a legal notice on 14 th August 2023 sent on 14th
August 2023 by registered post, whereby the accused person was called upon to
 make the payment of the undisputed admitted liability within fifteen days from the
date of receipt of the said legal demand notice.
9. That the legal notice of demand send through registered post was duly served on
the accused person on dated 16th August, 2023 which was duly replied by the
accused person and shockingly, the accused person denying the fact that any
amount is due against the accused person and failed to clear the outstanding
amount within 15 days of the receipt of legal notice of demand which has made it
clear that the accused person has the modus operandi to dupe the accused person. It
is pertinent to mention that the Accused is guilty of committing offence u/s 138 of
Negotiable Instruments Act also.
10. THAT the stipulated period of 15 days from the date of receiving of legal demand
notice dated 14th August 2023 expires on 31st August, 2023 and no payment has
been made, thus, the cause of action for initiating the instant complaint case under
section 138 Negotiable Instruments Act, 1881 (XLV of 1881) has arisen on 31 st
August, 2023.
11. That the complaint has been filed within one month of the date on which the cause
of action arose under clause (C) of proviso to section 138 of negotiable instruments
act, 1881.
12. That, since the deponent maintains her account with the Auchandi branch, the
offence has been committed within the jurisdiction this Hon’ble Court hence, the
Hon’ble Court has jurisdiction to try, summon and punish the accused persons..
13. That, the legitimate cause of action arose, hence the present complaint filed.
14. That, this Hon’ble Court has jurisdiction to try, summon and punish the accused
persons.
15. That, the deponent relies upon and exhibits the following documents in his
evidence by way of present affidavit:

S. no DOCUMENTS PARTICULARS Pg. No.

1. (Exb.CW1/1) Original cheque bearing No. 226985 for
Rs.3,00,000/-.
 3. (Exb.CW1/2) Original return memo dated
14.07.2023
4. (Exb. CW1/3) Loan Agreement
5. (Exb.CW1/4) Legal demand notice dated
14.08.2023 issued by complainant to the
accused person.
6. (Exb.CW1/5) Original Speed Postal receipt
7. (Exb.CW1/6) e- tracking reports
8. (Exb.CW1/7) Reply to the notice
9. (Exb. CW1/8) Envelope
10. (Exb. CW1/9) Pen Drive
11. (Exb. CW1/10) Certificate 65 B

DEPONEN

VERIFICATION:

I, the above-named deponent, do hereby verify that the contents of the above
affidavit are true and correct to my knowledge.
Verified at Delhi on this day of , 2023.

DEPONEN

T
 IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE, ROHINI
COURTS, DELHI

IN THE MATTER OF:

Divya …COMPLAINANT

VERSUS

Yogesh …ACCUSED(s)

AFFIDAVIT
Affidavit of Smt. Divya W/o Sh. Monty, R/o VPO Gaddi Road, Mungeshpur, Delhi-
110039.
I, the above-named deponent, do hereby solemnly affirm and declare as under:

1. THAT the deponent is the complaint in the above-mentioned complaint/case and

well conversant with the facts and circumstances of this case and hence competent to
swear this affidavit.

2. THAT, the contents of the accompanying complaint are true and correct to the best
of my knowledge and has/have been drafted by my counsel under my instructions
and I have read over and understood the same.

3. That, accused has delivered the cheque to discharge her legal enforceable liability
towards the complainant and the deponent has not filed any complaint in any other
court in respect to the cheque in question nor pending in any other court.

DEPONENT
VERIFICATION:

I, the above-named deponent, do hereby verify that the contents of present

affidavit are true and correct to the best of my knowledge and belief, as the same are
within my personal knowledge and nothing material has been concealed therefrom.

Verified this on the Day of , 2023 at the place of Delhi.

DEPONENT