IN THE COURT OF THE JUDICIAL MAGISTRATE FIRST CLASS

THANE AT THANE

Private Complaint No. of 2004

MRS. TRUPTI TUKARAM GAIKAR

R/at- Azadnagar No.-1,
Castal Mill, Thane (W) … Complainant

V/s.
MRs. RAJANI RAVINDRA BONDKAR
R/at – Gokulnagar, Behind Jarmari Mandir,
Opposite Vardhaman, Castal Mill,
Thane. (W) … Accused

Complaint u/s. 138 of the Negotiable

Instruments Act.
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MAY IT PLEASE YOUR HONOUR :-

1. The complainant states that the complainant and the accused are friends
since last 10 years and the complainant has good family relationship and
friendship with the accused. And accused are also residing in the same
locality. And as such, the accused approached to the complainant in the
Month of Nov. 2004 and requested friendly loan from the complainant for
his personal need.

2. The complainant considering the Cordial relation with the accused and the
accused promised and assused to the complainant about the repayment of
the said friendly loan within one year and accordingly the complainant
advanced loan of Rs.90,000/- to the accused in cash in the month of
Nov. 2004.

3. The complainant states that in due discharge of the accused liabilities and
towards the repayment of the said friendly loan, the accused issued the

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 cheque No.023984 dated 15.11.2005 drawn on Thane Bharat Sahakari Bank
Ltd., Chandanwadi, Thane. for a sum of Rs. 90,000/- (hereinafter referred
to as the “SAID CHEQUE”) in favour of the complainant.

4. The complainant states that as directed by the accused the complainant

deposited the said cheque with her bankers Thane Bharat Sahakari Bank
Ltd., Chandanwadi, Thane, for encashment on 15.11.2005 to the shock and
surprise of the complainant, the said cheque was dishonoured with the
remarks “INSUFFICIENT FUND”, and the accused bankers issued
Dishonour Memo dated 16.11.2005 and the said fact was intimated to the
complainant by same bankers vide same Memo dated 16.11.2005 which
was received by the complainant on 16.11.2005.

5. The Complainant, therefore issued a legal notice dated 18/11/2005 through

his advocate C.K. DESHMUKH and Inter–alia, call upon accused to pay
sum of Rs. 90,000/- within 15 days. The said notice was sent through
R.P.A.D. and U.C.P. to the accused on above said address. The Complainant
submits that the said Notice dated 18/11/2005 sent to the residence of the
accused same is received by the Accused on or about 20.11.2005 and the
acknowledgement of the said notice is also received by the complainant and
the copy of the said notice sent through U.C.P. is not returned to the
complainant as such the copy of the said legal notice is duly served upon
the complaint. Accordingly the Accused failed and neglected to comply
with the requisitions of the said Statutory Notice and make the payment of
the amount of the Said Cheque within the time so stipulated in the said
Notice. Thus, the accused has committed an offence u/s. 138 of the
Negotiable Instruments Act.

6. The complainant state that the accused had received the said notice on or
about 20.11.2005, the accused was liable and duly bound to pay the amount
of the said Cheque on or before 05.12.2005. Thus, the present complaint is
to be filed within limitation on or before 05.01.2006. The complainant
could not filed the present complaint within limitation and as such there is
delay of about 11 days in filing the present complaint. The complainant

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 humbly submits that the delay cuased in filing the present complaint is
neither intentional nor deliberate and infact, beyond the control of the
complainant. And hence, deserves to condoned in the interest of the justice.
The complainant submits that if the said delay is not condoned, the
complainant shall be put to great hardship and inconvenience. The
complainant has referred a sepearate application for condonation of delay,
duly supported with an affidavit alongwith this complaint.

7. The Complainant is residing at Castal Mill, Thane (W). The said Cheque is
also dishonoured at Thane (W). The Complainant received the intimation of
Dishonour of the said Cheque at Thane (W). The accused issued the
Statutory Legal Demand Notice dated 20.11.2005 to the accused from
Thane (W). As such the material cause of action for filing the present
Complaint has arisen within the jurisdiction of this Hon’ble Court and
therefore, this Hon’ble Court has jurisdiction to try, entertain and decide the
present Complaint.

8. It is therefore, prayed that,

a. The delay of about 11 days caused in filing the present complaint be
kindly condoned in the interest of justice ;

b. The action be initiated against the Accused u/s. 138 of the

Negotiable Instruments Act and the Accused be summoned and tried
and be punished according to the provisions of law ;

c. This Hon’ble Court be pleased to order for payment of compensation

or fine u/s. 357 of the Cr. P.C. to the Complainant ;

d. Any other relief which this Hon’ble Court deems fit and proper be
granted.

Thane
Dated : .01.2006 Complainant

Advocate for the complainant

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 LIST OF WITNESSES:-

1. Complainant himself .
2. The Officer of Bankers of Complainant and accused to be summoned.
3. Any other witnesses with permission of this Hon’ble Court.

LIST OF DOCUMENTS

1. Dishonoured cheque No. cheque No.023984 dated 15.11.2005 drawn on

Thane Bharat Sahakari Bank Ltd., Chandanwadi, Thane. for a sum of
Rs. 90,000/-.
2. Memo of doshonoured without Dated issued by the bankers of the accused .
3. Memo of dishonoured dated 16.11.2005 of the bankers of the complainant.
4. Statutory Demand Notice dated 20.11.2005
5. R.P.A.D./ U.C.P. Coupon issued by the postal authority.
6. Certificate of Posting dated 18.11.2005.
7. R.P.A.D acknowledgement received by the accused.
8. Any other Documents with the permission of this Hon’ble Court.

Filed in the Court

On .01.2006 Complainant

Advocate for the Complainant.

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