IN THE COURT OF CHIEF METROPOLITAN
MAGISTRATE, --------------
CC NI ACT
No. ______ /20--
In Re: -
------------------ …Complainant
Versus
------------------
….Accused
EVIDENCE BY WAY OF AFFIDAVIT ON
BEHALF OF COMPLAINANT
I, ----------,
S/o--------, R/o---------, do hereby solemnly affirm and
declare as under:
1. That
I am the complainant in the present case and hence, I am well conversant with
the facts and circumstances of the present case and therefore competent to
swear the present affidavit.
2. That the deponent and the accused are
known to each other for the past --- and in the month of ----, the accused
approached the deponent stating himself to be under severe financial
constraints and asked for some urgent requirement of Rs. ----- as a friendly
loan and promised the same shall be repaid within two and a half years.
3. That on believing the assurances and
old friendly relations, the deponent gave the payment of Rs.---- through two
cheques and Rs.----- cash as friendly loan in----.
4. That in the year 2023, after several efforts and repeated reminders by the deponent, the accused in discharge of his lawful liability to repay loan amount to my client issued the following cheques:
The cheque bearing no. ------ are exhibited as ------ respectively.
5. That deponent had received the aforesaid two cheques in good faith and in full confidence that the same will be duly honored. However, when the aforesaid cheques were presented by deponent, the cheque bearing no. ---- were returned dishonored with the remark --- vide returning memo dated ---- and cheque no. ---- was returned dishonored with the remark ------- vide returning memo dated ------respectively. The returning memo of cheque bearing no. ---- is exhibited as --- The returning memo of cheque bearing no. ---- is exhibited as ----. The returning memo of ----- is exhibited as---.
6. That deponent approached the accused and informed him about the fate of the said cheques. However, the accused did not pay any heed to demands of deponent for making good of the said payment.
7. The said cheques were issued by accused in discharge of his lawful liability to return the friendly loan of Rs. ----- which was taken in the month of ----.
8. That a legal notice dated ---- was sent to the accused by Speed Post on ---- whereby deponent had specifically demanded the amount mentioned in the cheques which was dishonored. The legal notice dated ----- is exhibited as --. The legal notice was received by the accused on ----- which is evident from the tracking report. That, however, no reply is received by the deponent in response of the aforesaid legal notice. The speed post receipt and its tracking report are exhibited as ----- and ---.
9.
That despite the service of the
legal notice, the accused had not paid the cheques’ amount within the
stipulated time of 15 days. Thus, the accused have committed an offence under
section 138 of the Negotiable Instruments Act, 1881.
10. That from the very conduct of the
accused shows the mala-fide intentions from the very inception. That the
accused intended to evade his liability to return the loan amount to the deponent
and with complete knowledge of the same he had insufficient balance in the
account and other reason so that the cheques will certainly be dishonored.
11. That
no other case has been filed by the deponent before any other court in respect
of the same cheques which is the subject matter of the present case.
DEPONENT
VERIFICATION:
Verified at Delhi on this day of -----, that the contents of the
above affidavit are true and correct to the best of my knowledge and nothing
material has been concealed therefrom.
DEPONENT
