IN THE COURT OF THE HON’BLE XIX METROPOLITAN

MAGISTRATE OF CYBERABAD, KUKATPALLY,

AT: MIYAPUR

C.C. No. OF 2017

BETWEEN:

B. Pratap Reddy, S/o. Late. Narsimha Reddy ,

Aged about: 64 years Occ: Retd. BHEL Employee,
R/o. H. No.4-71/1/3, Kakatiya Nagar, Road No.2,
Ramachandrapuram, Sangareddy-502032.
……..COMPLAINANT
AND
K.V.N. Chandra Rao, S/o. K. Nageshwar Rao,
Aged about 40 Years, Occ: Business,
R/o. Kesavini Plot, G-10,Ground Floor,
Vinayaka Nagar, Ramchandrapuram, Dist: Sangareddy.
…….ACCUSED

COMPLAINT FILED UNDER SEC. 200 OF CRIMINAL PROCEDURE

CODE, R/W. SEC. 138 & 142 OF N.I. ACT
1. Nature of the offence : Dishonour of Cheque punishable under
Sec. 138 of N.I. Act 1881 as Amended
From time to time.
2. Place of Offence : HDFC Bank Chanda Nagar Branch,
(Where the cheque was presented)
3. Date of Offence : 02-11-2017

4. Jurisdiction of Police Station : Police Station Chanda Nagar

5. List of Witnesses : 1) Complainant.

2) The Branch Manager,
HDFC Bank Branch,
Chandanagar, Hyderabad.
3) The Branch Manager,
SBH, Chandanagar Branch, Hyderabad.
6. BRIEF FACTS OF THE CASE :

1. The complainant submit that the accused and complainant are

well known to each other and out of the said acquaintance relationship
and when accused were in need of urgent financial need of money in the
first week of August 2015 accused have approached complainant and
requested to arrange a hand loan of amount of Rs. 2,00,000/-( Rupees
Two Lakhs Only) and complainant obliged accused request keeping the
relationship in mind and arranged the amount of Rs. 2,00,000/-( Rupees
Two Lakh Rupees Only) in cash on 25-08-2015, accused have executed
a promissory Note in the presence of the witnesses. accused have further
promised to our client that you will repay the said amount within six
months.

…Contd.,2
 :: 2 ::

2. The complainant further submit that the after six months complainant
demanded to accused to repay the hand loan amount but you expressed
accused inability to pay the same as per your promise and requested some
more time and accused have voluntarily agreed to pay interest @ 24 % per
annum from the date of loan till its realisation. Thereafter complainant had
demanded accused on several occasions for repayment of the hand loan but
accused dodged the issue of payment of hand loan on one pretext or other and
gained maximum time. Finally complainant had demanded accused to repay
the hand loan amount along with interest.

3. The complainant further submit that the complainant finally demand

accused, accused issued two cheques bearing No. 296743, 185209 Dt: 16-09-
2017 for an amount of Rs.2,00,000/- (Rupees Two Lakhs Only) drawn on
State Bank of Hyderabad, Chandanagar Branch infavour of complainant
towards discharge of accused legally enforceable debt. accused have further
promised to complainant that the accused will honour the cheque on
presentation.

5. The complainant submit that complainant had presented the above

cheque in his bank i.e., HDFC Bank Chandanagar Branch, Hyderabad on 19-
09-2017 for collection. However to the utter surprise and shock of our client
that the cheque was returned by accused bank with an endorsement “FUNDS
INSUFFICIENT” and the same was received by complainant from his bank.

6. The complainant further submits that the accused issued the above
cheque towards discharge of the accused legal enforceable debt. But the
accused have intentionally and knowing fully issued the above cheque to the
complainant with an intention to defraud and cheated the complainant to
illegal gain. The accused will attract the criminal liability U/Sec. 138 of N.I. Act
and 420 of IPC.

7. The complainant finally issued a legal demand notice dt. 12-10-2017,

U/Sec. 138 of N.I. Act to the accused through registered post with Ack. Cards
on 13-10-2017 and the same was received by the accused by the accused and
after return to the complainant. After receiving the legal notice the accused
neither paid the dis-honoured cheque amount nor complied the terms of the

…Contd.,3
 :: 3 ::

legal notice. Thus the accused committed an offence under Sec. 138 of N.I. Act
as amended 1881 and therefore the accused is liable to be punished as per the
law.

Hence, this complaint.

7. LIMITATION:

The complainant submits that the complaint filed within limitation. The
accused issued two cheques State Bank Of Hyderabad on 16-09-2017 and same was
dis-honoured on 18-09-2017 and after return the cheque from the complainant bank;
the complainant issued a statutory Legal notice on 12-10-2017 (with in thirty days) to
the accused addresses and the same was dispatched to the accused on 13-10-2017
and the same was received by the complainant.

8. JURISDICTION:

The complainant bank i.e., HDFC Bank Ltd, Chandanagar Branch,

where the cheque was presented. Hence, this Hon’ble Court is having ample
territorial jurisdiction to try and entertain the above complaint.

9. RELIEF PRAYED FOR:

In view of the above mentioned facts the complainant herein prays that
this Hon’ble Court may be pleased to take cognizance and to take the
complaint on file, issue summons to the accused and enquire the matter, try
the accused for the offence punishable under Sec.138 of N.I. ACT and punish
the accused with maximum imprisonment and fine and direct the payment of
the dis-honoured cheques amount of 2,00,000/- ( Rupees Two Lakhs only)
along with interest @ 24% p.a. from the date of issue of cheque to till its
realization and further direction to pay compensation amount double of the
dishonoring cheque amount and to pass such other order or orders as this
Hon’ble Court may deem fit and proper U/Sec. 357 of Crl.P.C. to the
complainant.

Place: Miyapur. COMPLAINANT

Date:

COUNSEL FOR THE COMPLAINANT

…Contd.,4
 ::4::

VERIFICATION

I B. Pratap Reddy, W/o. Late. Narsimha Reddy, Aged about 64 years, Occ:
Retd. BHEL Employee, R/o. H.No: 4-71/1/3, Kakatiya Nagar, Road No2
Ramachandra Puram, Sangareddy District, Telangana State. do hereby declare
that the above mentioned paras are true and correct to the best of my knowledge and
belief and verified signed on this the day of November, 2017.

Place: Miyapur. COMPLAINANT

Date:

COUNSEL FOR THE COMPLAINANT

LIST OF DOCUMENTS

1. Copy of Cheque br. No. 296743 for an amount of Rs. 1,00,000/-,

dt: 16-09-2017.

2. Copy of Cheque return Memo, dt: 18-09-2017.

3. Copy of Cheque br. No. 185209 for an amount of Rs. 1,00,000/-,
dt: 16-09-2017.

4. Copy of Cheque return Memo, dt: 18-09-2017.

5. Office Copy of Legal Notice, dt: 12-10-2017.
6. Copy of Postal Receipt, dt: 13-10-2017.
7. Postal Acknowledgement Card dt: 18-10-2017.

Place: Miyapur. COMPLAINANT

Date:

COUNSEL FOR THE COMPLAINANT

 IN THE COURT OF THE HON’BLE XIX METROPOLITAN
MAGISTRATE OF CYBERABAD, KUKATPALLY,
AT: MIYAPUR.

C.C. No. OF 2017

BETWEEN:

B. Pratap Reddy

……..COMPLAINANT
AND
K.V.N. Chandra Rao
…….ACCUSED

SWORN AFFIDAVIT FILED BY THE COMPLAINANT

I B. Pratap Reddy, W/o. Late. Narsimha Reddy, Aged about 64 years, Occ:
Retd. BHEL Employee, R/o. H.No: 4-71/1/3, Kakatiya Nagar, Road No2
Ramachandra Puram, Sangareddy District, Telangana State., do hereby
solemnly state on oath as follows.

1. I respectfully submit that the accused well known to me and out of the
said acquaintance relationship and when accused were in need of urgent
financial need of money in the first week of August 2015 accused have
approached me and requested to arrange a hand loan of amount of Rs.
2,00,000/-( Rupees Two Lakhs Only) and I obliged accused request keeping
the relationship in mind and arranged the amount of Rs. 2,00,000/-( Rupees
Two Lakh Rupees Only) in cash on 25-08-2015, accused have executed a
promissory Note in the presence of the witnesses. accused have further
promised to our client that you will repay the said amount within six months.

2. I further submit that the after six months I demanded to accused to repay
the hand loan amount but accused expressed accused inability to pay the
same as per your promise and requested some more time and accused have
voluntarily agreed to pay interest @ 24 % per annum from the date of loan till
its realisation. Thereafter I had demanded accused on several occasions for
repayment of the hand loan but accused dodged the issue of payment of hand
loan on one pretext or other and gained maximum time. Finally I had
demanded accused to repay the hand loan amount along with interest.

3. I further submit that the I finally demand accused issued two cheques
bearing No. 296743, 185209 Dt: 16-09-2017 for an amount of Rs.2,00,000/-
(Rupees Two Lakhs Only) drawn on State Bank of Hyderabad, Chandanagar
Branch infavour of me towards discharge of accused legally enforceable debt.
accused have further promised to me that the accused will honour the cheque
on presentation.
 ::2::

5. I submit that I had presented the above cheque in his bank i.e., HDFC
Bank Chandanagar Branch, Hyderabad on 19-09-2017 for collection. However
to the utter surprise and shock of our client that the cheque was returned by
accused bank with an endorsement “FUNDS INSUFFICIENT” and the same
was received by me from his bank.

6. I further submits that the accused issued the above cheque towards
discharge of the accused legal enforceable debt. But the accused have
intentionally and knowing fully issued the above cheque to the me with an
intention to defraud and cheated the me to illegal gain. The accused will attract
the criminal liability U/Sec. 138 of N.I. Act and 420 of IPC.

7. I finally issued a legal demand notice dt. 12-10-2017, U/Sec. 138 of N.I.
Act to the accused through registered post with Ack. Cards on 13-10-2017 and
the same was received by the accused by the accused and after return to the
complainant. After receiving the legal notice the accused neither paid the dis-
honoured cheque amount nor complied the terms of the legal notice. Thus the
accused committed an offence under Sec. 138 of N.I. Act as amended 1881 and
therefore the accused is liable to be punished as per the law.

Therefore, I pray this Hon’ble court may be pleased to take the

cognizance of the case against the accused U/Sec. 138 of N.I. Act as amended
time to time and therefore the accused is liable to be punished as per the law.

Place: Miyapur. DEPONENT

Date: 14-11-2017

Advocate/Miyapur
 IN THE COURT OF THE
HON’BLE XIX METROPOLITAN
MAGISTRATE OF CYBERABAD,
KUKATPALLY, AT: MIYAPUR.

C.C. No. OF 2017

BETWEEN:

B. Pratap Reddy

……..COMPLAINANT

AND

K.V.N. Chandra Rao

…….ACCUSED

COMPLAINT FILED UNDER SEC.

200 OF CRIMINAL PROCEDURE
CODE, R/W. SEC. 138 & 142 OF
N.I. ACT

FILED ON:

FILED BY: Counsel for Complainant

________________________________
M/s. R.S. ASSOCIATES,
T. RATAN SINGH,
A. ASHWIN GOUD,
Suryamani,

ADVOCATES,

#24-43/2, Beside Triveni Talent

School, Ashoknagar, R.C. Puram,
HYDERABAD-32.
 IN THE COURT OF THE HON’BLE III SPECIAL MAGISTRATE
AT: KUKATPALLY

C.C. No. 209 OF 2018

BETWEEN:

B. Pratap Reddy

……..COMPLAINANT
AND
K.V.N. Chandra Rao
…….ACCUSED

EVIDENCE AFFIDAVIT FILED BY COMPLAINANT IN LIEU OF CHIEF

EXAMINATION AS PW1
I B. Pratap Reddy, W/o. Late. Narsimha Reddy, Aged about 64 years, Occ:
Retd. BHEL Employee, R/o. H.No: 4-71/1/3, Kakatiya Nagar, Road No2
Ramachandra Puram, Sangareddy District, Telangana State., do hereby
solemnly state on oath as follows.

1. I respectfully submit that the accused well known to me and out of the
said acquaintance relationship and when accused were in need of urgent
financial need of money in the first week of August 2015 accused have
approached me and requested to arrange a hand loan of amount of Rs.
2,00,000/-( Rupees Two Lakhs Only) and I obliged accused request keeping
the relationship in mind and arranged the amount of Rs. 2,00,000/-( Rupees
Two Lakh Rupees Only) in cash on 25-08-2015, accused have executed a
promissory Note in the presence of the witnesses. accused have further
promised to our client that you will repay the said amount within six months.

2. I further submit that the after six months I demanded to accused to repay
the hand loan amount but accused expressed accused inability to pay the
same as per your promise and requested some more time and accused have
voluntarily agreed to pay interest @ 24 % per annum from the date of loan till
its realisation. Thereafter I had demanded accused on several occasions for
repayment of the hand loan but accused dodged the issue of payment of hand
loan on one pretext or other and gained maximum time. Finally I had
demanded accused to repay the hand loan amount along with interest.

3. I further submit that the I finally demand accused issued two cheques
bearing No. 296743, 185209 Dt: 16-09-2017 for an amount of Rs.2,00,000/-
(Rupees Two Lakhs Only) drawn on State Bank of Hyderabad, Chandanagar
Branch infavour of me towards discharge of accused legally enforceable debt.
accused have further promised to me that the accused will honour the cheque
on presentation.
 ::2::

5. I submit that I had presented the above cheque in his bank i.e., HDFC
Bank Chandanagar Branch, Hyderabad on 19-09-2017 for collection. However
to the utter surprise and shock of our client that the cheque was returned by
accused bank with an endorsement “FUNDS INSUFFICIENT” and the same
was received by me from his bank.

6. I further submits that the accused issued the above cheque towards
discharge of the accused legal enforceable debt. But the accused have
intentionally and knowing fully issued the above cheque to me with an
intention to defraud and cheated the me to illegal gain. The accused will attract
the criminal liability U/Sec. 138 of N.I. Act and 420 of IPC.

7. I finally issued a legal demand notice dt. 12-10-2017, U/Sec. 138 of N.I.
Act to the accused through registered post with Ack. Cards on 13-10-2017 and
the same was received by the accused by the accused and after return to the
complainant. After receiving the legal notice the accused neither paid the dis-
honoured cheque amount nor complied the terms of the legal notice. Thus the
accused committed an offence under Sec. 138 of N.I. Act as amended 1881 and
therefore the accused is liable to be punished as per the law.

8. I further submitted that I have not filed any other case against the accused
on same transaction except this present case.

9. I submit that I pray this Hon’ble court may be pleased to mark the
following document on my behalf as exhibits.

LIST OF DOCUMENTS
1. Original Cheque br. No. 296743 for an amount of Rs. 1,00,000/-,
dt: 16-09-2017.

2. Original Cheque return Memo, dt: 18-09-2017.

3. Original Cheque br. No. 185209 for an amount of Rs. 1,00,000/-,

dt: 16-09-2017.

4. Original Cheque return Memo, dt: 18-09-2017.

5. Office Copy of Legal Notice, dt: 12-10-2017.

6. Copy of Postal Receipt, dt: 13-10-2017.

7. Postal Acknowledgement Card dt: 18-10-2017.

 ::3::

Therefore, I pray that this Hon’ble court may kindly be pleased to take
the cognizance of the case against the accused, U/Sec. 138 of N.I. Act as
amended 1988 and therefore the accused is liable to be punished as per the
law.

Sworn and signed before me

this 13th Day of June, 2018,
At Kukatpally. DEPONENT

ADVOCATE/HYDERABAD

IN THE COURT OF THE

HON’BLE XIX METROPOLITAN
MAGISTRATE OF CYBERABAD,
KUKATPALLY, AT: MIYAPUR.

C.C. No. OF 2017

BETWEEN:

B. Pratap Reddy

……..COMPLAINANT

AND

K.V.N. Chandra Rao

…….ACCUSED
 COMPLAINT FILED UNDER SEC.
200 OF CRIMINAL PROCEDURE
CODE, R/W. SEC. 138 & 142 OF
N.I. ACT

FILED ON:

FILED BY: Counsel for Complainant

________________________________
M/s. R.S. ASSOCIATES,
T. RATAN SINGH,
A. ASHWIN GOUD,
Suryamani,

ADVOCATES,

#24-43/2, Beside Triveni Talent

School, Ashoknagar, R.C. Puram,
HYDERABAD-32.