Complaint under Section 200 of CR.P.C. for the offence committed to be punishable under Section 138 of the Negotiable Instrument Act

 

DISTRICT : SOUTH 24 PARGANAS

IN THE COURT OF THE LEARNED ADDITIONAL CHIEF JUDICIAL MAGISTRATE  AT  ALIPORE, SOUTH 24 PARGANAS.

                                             

                                      Complaint   Case  No.                 of  2021     

 

                                                          In the matter of :

                                                           An application U/S .200 Cr.P.C

 

                                                                            AND

 

                                                          In the matter of :

Smt. Gopa Bose, Wife of Late Anjan Bose, aged about 59 years, residing at premises being no. 73/2, Royed Park, Post Office – Behala, Police Station – Parnashree, Kolkata – 700034. Mobile Number : 9831042521.

                                                                                     …….Complainant

P.S. Parnashree

                                                                              -Versus-

                                                                    

Smt. Sarmistha Bhattacharjee, Wife of Late Pradip Bhattacharjee, of Eden City, Tower no. C9, Flat no. 302, Maheshtala, Budge Budge Trunk Road, Kolkata – 700137, Mobile Number : ……………………..

                                                                                   …………..Accused                                                                                                              OFFENCE COMMITTED TO BE PUNISHABLE UNDER SECTION 138 OF NEGOTIABLE INSTRUMENT ACT, 1881.

                                                                                 

                                                        The humble petition of the above                                                                  name the Petitioner

Most respectfully sheweth :

 

1.  That the Complainant is a peace loving and law abiding citizen, residing at the address as given in the cause title of this application.

 

2. That the Complainant is an old aged widower lady. She is Teacher, staying alone at her premises.

 

3. That the accused person had good relationship with the complainant. The accused person asked for financial help for a sum of Rs. 4,00,000/- ( Rupees Four Lakhs ) only, in the year 2019, for her personal need. The Complainant on good faith arranged herself and gave such financial help / assistance to the accused person. The said sum of money has taken by the accused person on due assurances that she will return such money at the earliest.

 

4. The followings are the particulars in providing financial assistance to the accused person :

Sl. No.	Date	Amount ( Rs. P. )
1	25-04-2019	2,00,000.00
2	15-05-2019	1,00,000.00
3	15-06-2019	1,00,000.00
4	TOTAL	4,00,000.00

 

5. That the Complainant off and on asking for her money from the accused person. As the complainant’s husband was seriously ill and under continuous medical treatment in the year 2020. The accused person refunded the following sum of money to the complainant.

Sl. No.	Date	Amount ( Rs. P. )
1.	02-09-2020	15,000.00
2.	17-09-2020	20,000.00
3.	22-10-2020	20,000.00
4.	TOTAL	55,000.00

 

6. That Since the accused person have refunded a sum of money being Rs. 55,000/- ( Rupees Fifty Thousand ) only, the balance sum of money as of Rs. 3,45,000/- ( Rupees Three Lakhs and Forty Five Thousand ) only, is standing as liabilities and legal debt so far.

 

7. That the Complainant’s husband expired in the month of February’ 2021, due to failure of proper medical treatment in absence of appropriate money. The complainant became widow at the behest of the accused person.

 

8. That the Complainant on several occasion communicated and requested for her money through Whatsapp to the accused person. The accused person on different pretext wrote and tried to convince for more time on one and another hand though she did not return any money to the complainant. Such behavioral pretext of the accused person, are inhuman and not acceptable on any moral aspects.

 

9. That the Complainant wrote a letter being communication asking for her money from the accused person, has been made on 19-05-2021. The said communication has been duly served on the accused person. The accused person replied such communication through her Learned Advocate Ashis Kumar Chowdhury, vide Letter dated 01-06-2021. The Complainant made her reply on such letter dated 01-06-2021, through her Learned Advocate Arun Kumar Roy. The accused person is in receipt of such reply dated 10-06-2021, though did not repay.

 

10. That earlier the accused person handed over two cheque duly filled up and written and signed for the amount of Rs.50,000/- ( Rupees Fifty Thousand ) only, and Rs. 75,000/- ( Rupees Seventy Five Thousand ) only, respectively to the complainant. The said cheque has been issued by the accused person which was crossed being account payee, bearing no. 502668, & 502676, respectively dated 11/08/2021 drawn on State Bank of India, Garden Reach Branch, Kolkata for the amount of Rs.50,000/- ( Rupees Fifty Thousand ) only, and Rs. 75,000/- ( Rupees Seventy Five Thousand ) only, respectively in the name of the Complainant. The Complainant received the said cheque and retain with her for encashment.

 

11. That in discharge of the existing legal debts and or enforceable liabilities the following cheque was issued by the accused person in the name of the Complainant from the account of the accused person. The said cheque was duly signed by the accused person.

Sl. No.	Cheque no.	Date	Drawn on	Amount
1	502668	11/08/2021	State Bank of India, Garden Reach Branch, Kolkata	Rs. 50,000/-
2	502676	11/08/2021	State Bank of India, Garden Reach Branch, Kolkata	Rs. 75,000/-

 

 

12. That the Complainant presented the said cheque within its validity period bearing no. 502668, & 502676, respectively dated 11/08/2021 drawn on State Bank of India, Garden Reach Branch, Kolkata for the amount of Rs. 50,000/- ( Rupees Fifty Thousand ) only, and Rs. 75,000/- ( Rupees Seventy Five Thousand ) only, respectively in the name of the Complainant, with her Banker State Bank of India, Behala Branch, Kolkata - 700034. The said cheque has been dishonored on 11/08/2021 with a remark “Funds insufficient” as acknowledged by the Banker of the Complainant i.e. State Bank of India, Behala Branch, Kolkata - 700034.

 

13. That the Complainant therefore sent one demand notice dated 31^st day of August’ 2021 through her Learned Advocate Sri Rabindra Nath Das for the value of the said cheque totaling as of Rs.1,25,000/- (Rupees One Lakh and Twenty Five Thousand) only within 15 days from the date of receipt thereof with the accused person. The said demand notice has been posted through the speed post with AD as on 02-09-2021 and consequently the track report as obtained from the website of India Post shows the delivery of the said demand notice as on 13-09-2021.

 

14. That the accused person is in receipt of said demand notice dated 31-08-2021, on 13-09-2021 therefore the 15 days commencing since 13-09-2021 and expiring as on 28-09-2021 in terms of the provision of General Clauses Act,1897, the calculation of period of 15 days and receipt of this said demand notice thereof expire on 28-09-2021. The accused person even in receipt of the said demand notice did not make any payment thereof and even did not answer and reply thereof to the Complainant and or to Learned advocate of the Complainant till the date of placing this application before the Learned Court.

 

15. That therefore the accused person has committed the offence punishable under section 138 of Negotiable Instrument Act,1881 as amended up to date..

 

16. That the Provisions of Limitation does not bar this petition of complaint.

 

 

17. 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 Documents : -

 

1. Cheque bearing no. 502668, & 502676, respectively dated 11/08/2021 drawn on State Bank of India, Garden Reach Branch, Kolkata for the amount of Rs.50,000/- ( Rupees Fifty Thousand ) only, and Rs. 75,000/- ( Rupees Seventy Five Thousand ) only, respectively in the name of the Complainant
2. Bank’s  Return Memo, dated 11-08-2021
3. Complainant’s Advocate Notice dated 31-08-2021.
4. Track report print out
5. Complainant’s Letter dated 19-05-2021;
6. Letter dated 01-06-2021;
7. Letter dated 10-06-2021;
8. Whatsapp and others.

 

Verification

 

I, Smt. Gopa Bose, 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 …………..2021, at the Alipore Criminal Court premises.

 

 

 

                                                                   Smt. Gopa Bose

Identified by me,

 

                                                                             Advocate.

Prepared in my office,

 

Advocate.

Dated :_________________2021.

Place : Alipore Criminal Court.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

A F F I D A V I T

 

I, Smt. Gopa Bose, Wife of Late Anjan Bose, aged about 59 years, by faith Hindu, by Occupation House Wife, residing at premises being no. 73/2, Royed Park, Post Office – Behala, Police Station – Parnashree, Kolkata – 700034, 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 on the instant given facts and or cause of action no Police Case has ever been registered with any Police Station of state of West Bengal.

 

4.           That the application is within the period of limitation as enumerated under the Law.

 

5.           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, which falls in the territory of the Parnashree Police Station.

 

6.           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 : _________________2021.

Place : Alipore Criminal Court.

 

 

N O T A R Y

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Vakalatnama

District : South 24 Parganas.

In the Court of the Learned Additional Chief Judicial Magistrate, at Alipore, South 24 Parganas

                                                            Case No.                         of  2021.

Smt. Gopa Bose                                                                                  COMPLAINANT

Versus .

Smt. Sarmistha Bhattacharjee,                                                            ACCUSED

KNOW ALL MEN by this presents that I Smt. Gopa Bose, Wife of Late Anjan Bose, aged about 59 years, residing at premises being no. 73/2, Royed Park, Post Office – Behala, Police Station – Parnashree, Kolkata – 700034,

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 __________ 2021       been executed

 

1. Shri Rabindra Nath Das, Advocate. Alipore Judges Court & Criminal Court. Mobile Number : 9874989824, Email : dasrabi0501@gmail.com Enrollment no. WB/103/ 2002.
2. Shri Ashok Kumar Singh, Advocate. High Court Bar Association Room No. 15, High Court at Calcutta. Mobile Number : 9883070666. Email : aksinghadvocate@rediffmail.com Enrollment no. : F/872/2000.