In the Court of Learned Additional Chief Judicial
Magistrate, at Alipore, South 24 Parganas.
COMPLAINT CASE NO: C- ________of 2018
In the
matter of:
An Application under Section 200 of Criminal
Procedure Code’ 1973;
---AND---
P.S. Netaji Nagar.
In the
matter of:
Shri
Bapi Chakraborty, Son of Late Subhas Chakraborty, residing at premises being
no. 141, Rajpur Road, Netaji Nagar, Kolkata – 700 047.
……COMPLAINANT
-
Versus –
Shri
Goutam Ghosal, Son of Late Subodh Ghosal, residing at premises being no. 11/1,
Bhattacharjee Para Road, Police Station – Thakurpukur, Kolkata – 700 063.
… ACCUSED
OFFENCE
COMMITTED TO BE PUNISHABLE UNDER SECTION 138, OF NEGOTIABLE INSTRUMENT ACT,
1881 AS AMENDED UPTO-DATE
The humble petition of the complainant above
named, most respectfully;
SHEWETH AS UNDER :-
- That
the Complainant/Petitioner is a peace loving and law abiding citizen,
residing at the address as given in the cause title of this application.
- That
the accused Shri Goutam Ghosal, Son of Late
Subodh Ghosal, residing at premises being no. 11/1, Bhattacharjee Para
Road, Police Station – Thakurpukur, Kolkata – 700 063, taken money from
the Complainant, on different pretext and manner, with a commitment to
return the same at the earliest, within the month of May’ 2018.
3.
That the accused person in discharge
of his existing legal enforceable debts and or liabilities, a cheque for an
amount of Rs. 20,000/- ( Rupees Twenty Thousand ) only, has been issued in the
name of the Complainant from the Account of the accused person, the said cheque
was duly signed by the accused person.
4.
That the details of the said cheque is
as follows :
|
Cheque no. |
Date |
Drawn on |
Amount |
|
870721 |
10/06/2018 |
State Bank of India Sakher Bazar
Branch, Kolkata |
Rs. 20,000/- |
5.
That the said cheque was presented for
realization within it’s validity period, with the banker of Complainant i.e. State
Bank of India, Regent Estate Branch, Kolkata, Police Station – Netaji Nagar,
but the same was dishonoured with the remarks “ Funds Insufficient” vide Cheque
Return Memo dated 05 / 09 / 2018, which fact came to the knowledge of the
Complainant on or about 05 / 09 / 2018, from his Banker along with the banker’s
cheque Return Memo dated 05 / 09 / 2018.
6.
That the above facts make it
abundantly clear that the accused person have mischievously and intentionally
issued the aforesaid cheque with ulterior design knowing fully, well that the
said cheque would not be honoured on presentation on account of insufficiency
of funds in his account.
- That
the Complainant served one Legal Notice under Section 138 (b) of the
Negotiable Instrument Act, 1881, through it’s Learned Advocate Shri Debnath
Saha, vide notice dated 3rd October’ 2018, within prescribed
period of the Negotiable Instrument Act, 1881, calling upon the accused
person to make the payment of the said cheques total value as Cheque no. 870721,
dated 10-06-2018, drawn on State Bank of India, Sakher Bazar Branch,
Kolkata, West Bengal, for an amount of Rs. 20,000/- ( Rupees Twenty
Thousand ) only, within a period of ( 15 ) fifteen days from the date of
receipt of such notice, through Speed Post, as on 03-10-2018.
- That
the Learned Advocate of the Complainant on getting tracking report of the
Indian Postal Authority, found that all the postal services has been duly
shown as “delivered” and delivered on 04-10-2018, and the said notice
given on the available address of the accused person, and in terms of the
provisions of the General Clauses Act, therefore it is well presumed that
the accused person is in receipt of the notices served on him.
- That
the accused person is well within the knowledge of the dishonor of the
said cheque and the notices served on him but the accused person did not
make any payment towards the value of the said cheque within a period of
fifteen days from the date of knowledge which expire latest by 20-10-2018,
and therefore the cause of action arose for the present complaint.
- That
thus the accused has committed an offence punishable under Section 138 of
the Negotiable Instrument Act, 1881 as amended upto date.
- That
the Complainant placed this application before the Learned Court and able
to established his case against the accused persons during trial, before
the Learned Court and therefore seeks to get justice in terms of the
prescribed provisions of Law, thereof.
- That
this petition of Complaint is made bonafide and for the ends of justice.
In the aforesaid circumstances it is most
respectfully prayed that your Honour may graciously be pleased to take
cognizance of the matter and issue process against the accused person under
section 138, of the Negotiable Instruments Act 1881, as amended upto –date and
pass such other order or orders as your Honour may deem fit and proper FOR THE
END OF JUSTICE.
And for this act of kindness your petitioner as
in duty bound and shall ever pray.
List of Witness: -
- Complainant
- Accused’s Banker.
- Complainant’s Banker.
- Document
& Others.
- other
related witnesses.
List of Documents : -
1.
Cheque
no. 870721, dated 10-06-2018, drawn on State Bank of India, Sakher Bazar Branch,
West Bengal, for an amount of Rs. 20,000/- ( Rupees Twenty Thousand ) only,
2.
Bank’s
Return Memo;
3.
Legal
Demand Notice;
4.
Postal
receipts;
5.
Track
report of postal authority;
6.
Other
documents.
Verification
I, Shri Bapi
Chakraborty, being the Complainant, of this instant application under section
138, of the Negotiable Instrument Act’ 1881, as amended up-to-date, I am well
acquainted and conversant with all the material facts and circumstances, as
mentioned in the forgoing paragraphs of this instant application filed against
the accused person within named, and whereas I am verifying this instant
application as on ………the day of …………..2018, at the Alipore Police Court.
Shri
Bapi Chakraborty
Identified by me,
Advocate.
Prepared
in my office,
Advocate.
Dated
:______________2018.
Place :
Alipore Police Court.
A F F I D A V I T
I, Shri Bapi
Chakraborty, Son of Late Subhas Chakraborty, aged about _____years, by faith
Hindu, by Occupation _________________, residing at premises being no. 141,
Rajpur Road, Netaji Nagar, Kolkata – 700 047, DO HEREBY SOLEMNLY AFFIRM AND SAYS AS FOLLOWS :
1.
That I am Competent to Swear this affidavit.
2.
That I am placing this application under Section
200 of Cr.P.C. before the Learned Court, for the first time, and no other
application has ever been placed and or filed before the Learned Court, on in
any other Court, on the self same set of facts.
3.
That the Cause of Action for the present
proceedings under Section 200 of Cr.P.C. for the Offences committed to be
punishable under Section 138 of the Negotiable Instrument Act’ 1881, has been
arisen within the jurisdiction of the Learned Court.
4.
That
the facts contained in my complaint / application, the contents of which have
not been repeated herein for the sake of brevity may be read as an integral
part of this affidavit and are true and correct to my knowledge.
That the above statements of my declaration, are true to my knowledge
and belief.
Deponent
Identified by me,
Advocate.
Prepared in my Chamber,
Advocate.
Dated : _____________2018.
Place : Alipore Police Court.
N
O T A R Y
In the Court of Learned Additional Chief Judicial
Magistrate, at Alipore, South 24 Parganas.
COMPLAINT CASE NO: C- ________of 2018
In the
matter of:
An Application under Section 200 of Criminal
Procedure Code’ 1973;
---AND---
In the
matter of:
Shri Bapi Chakraborty,
……COMPLAINANT
- Versus
–
Shri Goutam Ghosal … ACCUSED
COURT
FEES
In the Court of Learned Additional Chief Judicial
Magistrate, at Alipore, South 24 Parganas.
COMPLAINT CASE NO: C- ________of 2018
In the
matter of:
An Application under Section 200 of Criminal
Procedure Code’ 1973;
---AND---
In the
matter of:
Sri Bapi Chakraborty,
……COMPLAINANT
- Versus
–
Sri Goutam Ghosal,
… ACCUSED
F
I R I S H T I
{
Enclosures }
1.
Cheque
no. 870721, dated 10-06-2018, drawn on State Bank of India, Sakher Bazar Branch,
West Bengal, for an amount of Rs. 20,000/- ( Rupees Twenty Thousand ) only,
2.
Bank’s
Return Memo;
3.
Legal
Demand Notice;
4.
Postal
receipts;
5.
Track
report of postal authority;
6.
Other
documents.
Vakalatnama
District
: South 24 Parganas.
In the
Court of the Learned Additional Chief Judicial Magistrate, at Alipore, South 24
Parganas
Case No. of 2018.
Sri Bapi
Chakraborty COMPLAINANT
Versus .
Shri Goutam
Ghosal,
ACCUSED
KNOW ALL
MEN by this presents that I Shri Bapi Chakraborty, Son of Late Subhas
Chakraborty, residing at premises being no. 141, Rajpur Road, Netaji Nagar,
Kolkata – 700 047,
do hereby
constitute and appoint the undermentioned Advocate, Pleaderes, Vakils, jointly
& each of them severally to be pleader of ME / US and on MY / OUR behalf to
appear for ME / US in the above cause and to take such steps and proceeding as
may be necessary on MY/ OUR behalf and for the purpose to make sign verify and
present all necessary petitions, plaints, written statements and other document
and do nominate and appoint or retain senior Counsels, Vakils, Advocate and
other persons, lodge and deposit moneys and document and other papers in court
and the same again to withdraw and to take out of Court and to obtain or grant
as the case may be effectual receipts and discharge for the same and for all
moneys which may be payable to ME / US in the premises. To enter into compromise
with MY / OUR approval and withdraw all moneys from the court: AND GENERALLY to
act in the premises and proceeding arising thereout whether by woy of
execution, riview appeal or otherwise or in any manner contested therewith as
effectually and to all intents and purpose as I / WE could act if personally
present and ALSO for all and of the purpose aforesaid to appoint a substitute
or substitutes and such substitution and as pleasure to revoke I / WE hereby
ratifying and agreeing to confirm whatever
may be lawfully done by virtue hereof : IN WITNESS WHEREOF this
Vakalatnama has by MY / US.
This_____________
day of __________ 2018 been
executed
1.
Shri Tirthankar Roy, Advocate;
2.
Shri Ashok Kumar Singh, Advocate;
3.
Ziauddin Molla, Advocate;
4.
Shri Srijit Dey, Advocate;
5.
Shri Biplab Som, Advocate;
6.
Miss Suchitra Chakraborty, Advocate.
7.
Shri Subhrajit Mondal, Advocate.
No comments:
Post a Comment