138 Yes Bank Vs Gini Gopinath.docx

IN THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS, DISTRICT COURT, GURUGRAM CRIMINAL COMPLAINT NO ……………. OF 2018 IN THE MATTER OF:YES BANK LIMITED

....COMPLAINANT VERSUS

Dr. GINI GOPINATH KALATHIL INDEX PARTICULARS

S. NO. 1.

….ACCUSED PAGE NO.

Complaint under Section 138 of the Negotiable Instruments Act, 1881.

2.

List of Witnesses

3.

List of Documents

4.

Evidence by way of affidavit alongwith exhibits

5.

Vakalatnama

COMPLAINANT THROUGH: [INDIAN LAW PARTNERS] ADVOCATES & CONSULTANTS PLACE: GURUGRAM DATED: .06.2018

IN THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS, DISTRICT COURT, GURUGRAM CRIMINAL COMPLAINT NO ……………. OF 2018 IN THE MATTER OF:YES BANK LIMITED DLF CYBER CITY, GURGAON-122002 (Through its authorized representative) Sh. Pankaj Kumar Sharma) ....COMPLAINANT VERSUS

Dr. GINI GOPINATH KALATHIL OFFICE-DENTA CARE PVS PLAZA KUNNAMKULAM NR PVS AUDITORIUM THRISSUR-680503 ALSO AT RES-CHOLAYIL HOUSE,THAMARAYOOR POST KOTTAPADI THRISSUR -680505 ….ACCUSED

P.S- DLF PHASE-2 COMPLAINT UNDER SECTION 138/142 OF INSTRUMENTS ACT 1881,( AS AMENDED UP TO DATE ) MOST RESPECTFULLY SHOWETH:-

NEGOTIABLE

1. That complainant Yes Bank Limited is Banking Company within the meaning of Section 5 (C) of the Banking Regulation Act, 1949 and a Schedule Commercial Bank notified by the Reserve Bank of India. 2. That the accused approached to complainant bank and requested for grant of a Personal loan facility. 3. That complainant believing upon accused persons assurances and warranties that he shall make the repayment of the loan facility on time without any delay and default thereby complainant bank granted to accused person a Personal loan facility vide Loan Account Nos. PLN051600147340 to be payable on monthly basis and accused persons also executed various documents and acknowledgement receipts. 4. That the accused have defaulted in making regular and timely payment in the agreed manner due to which the Bank had recalled loan facility as per agreed terms and conditions. 5. That complainant bank towards the payment of Loan presented the Cheque bearing No. 626534 of Rs.15,00,000/-(Rupees Fifteen Lakhs

Only)

dated

16.05.2018

drawn

on

State

Bank

Of

Travancore,Guruvayur,70257, Komath Building East Nada,Guruvayur P.O-680101 issued by the accused, which got dishonored for the reason of “Refer to Drawer” vide cheque returning memo dated 19.05.2018.

6. That thereafter complainant tried to contact the accused but was of no avail as the accused did not pay any heed to the request of the complainant, and after exhausting every means the complainant was constrained to send legal demand notice through its counsel on 11.06.2018 by Speed Post upon the accused, but despite the service of the Legal Notice the accused did not bother either to reply nor made the payment of the aforesaid dishonoured cheque, due to which it is clear that the accused has committed offence under section 138 of the NI Act, 1881 of dishonour of cheque. 7. That said cheque was issued by the accused in discharge of his legal liability and by dishonouring the same, the accused has made himself to be prosecuted for the offences punishable under Sections 138 to 142 of the Negotiable Instruments Act, 1881 (as amended upto date). 8. That the cause of action arose in favour of the complainant and against the accused when the accused failed to pay the value of the said cheques within 15 days of the receipt of the legal notice dated 11.06.2018 and thereafter the cause of action is arising on each and every day . 9. That this Hon’ble Court has the jurisdiction to take the cognizance of the Complaint, as the banker of the complainant is situated at Gurugram, moreover the legal demand notice is also issued from Gurugram, which all falls within the jurisdiction of this Hon’ble Court.

10.

That the complaint is within limitation as per the Negotiable

Instruments Act. It is, therefore, most respectfully prayed that this Hon'ble Court may be pleased to: a. take cognizance of the complaint of the complainant and to summon the accused and to try and punish him under Section 138 of the Negotiable Instruments Act, 1881 for the offences committed by him, b. impose costs and compensation on the accused and to order payments to the complainant according to law; c. pass any such other or further reliefs as this Hon'ble Court deems fit and proper in the facts and circumstances of the case.

COMPLAINANT THROUGH: PLACE: GURUGRAM DATE: .06.2018

[INDIAN LAW PARTNERS] ADVOCATES AND CONSULTANTS

IN THE COURT OF JUDICIAL MAGISTRATE, FIRST CLASS, DISTRICT COURT, GURUGRAM CRIMINAL COMPLAINT NO.……………. OF 2018 IN THE MATTER OF:YES BANK LIMITED ....COMPLAINANT VERSUS Dr. GINI GOPINATH KALATHIL

....ACCUSED

LIST OF WITNESSES

1)

Pankaj Kumar complainant.

Sharma,

authorized

representative

of

2)

Branch Manager/Dealing Clerk of Yes Bank, DLF Cyber City, 7th Floor, Building No.8-B, Gurgaon-122002.

3)

Branch Manager/Dealing Clerk of Travancore,Guruvayur,70257, Komath Nada,Guruvayur P.O-680101.

4)

Any other witness with the permission of this Hon’ble Court.

State Bank Building

the

Of East

COMPLAINANT THROUGH [INDIAN LAW PARTNERS] ADVOCATES & CONSULTANTS PLACE: GURUGRAM DATED: .06.2018

IN THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS, DISTRICT COURT, GURUGRAM CRIMINAL COMPLAINT NO ……………. OF 2018 IN THE MATTER OF:YES BANK LIMITED

....COMPLAINANT VERSUS

Dr. GINI GOPINATH KALATHIL

….ACCUSED

LIST OF DOCUMENTS 1)

Power of attorney

2)

Cheque bearing

Only)

dated

No. 626534 of Rs.15,00,000/-(Rupees Fifteen Lakhs 16.05.2018

drawn

on

State

Bank

Of

Travancore,Guruvayur,70257, Komath Building East Nada,Guruvayur P.O-680101 3)

Cheque Returning Memo.

4)

Legal Notice.

5)

Speed Post Receipts.

6)

Internet delivery report.

7)

Any other documents with the permission of the Hon’ble Court.

8)

Vakalatnama. COMPLAINANT THROUGH [INDIAN LAW PARTNERS] ADVOCATES & CONSULTANTS

PLACE: GURUGRAM DATED: .06.2018

IN THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS, DISTRICT COURT, GURUGRAM CRIMINAL COMPLAINT NO ……………. OF 2018 IN THE MATTER OF:YES BANK LIMITED

....COMPLAINANT VERSUS

Dr. GINI GOPINATH KALATHIL

….ACCUSED POLICE STATION: DLF PHASE-2

EVIDENCE BY WAY OF AFFIDAVIT I, Pankaj Kumar Sharma, being age about-26 years the authorized Representative of Yes Bank Limited, present at Gurugram do hereby solemnly affirm and declare as under: 1. I state that I am the authorized representative of the complainant in the above-mentioned matter and being well conversant with the facts and circumstances of this case I am competent to swear this affidavit. 2. I say that complainant Yes Bank Limited is Banking Company within the meaning of Section 5 (C) of the Banking Regulation Act, 1949 and a Schedule Commercial Bank notified by the Reserve Bank of India. The complainant company is filing the present complaint through me

as I have been authorized by Power of attorney. Power of attorney is exhibited as (Ex CW1/1). 3. I say that the accused approached to complainant bank and requested for grant of a Personal loan facility. 4. I say that complainant believing upon accused assurances and warranties that they shall make the repayment of the loan facility on time without any delay and default thereby complainant bank granted to

accused

a

Personal

Loan

facility

vide

Loan

Account

No.

PLN051600147340 to be payable on monthly basis and accused also executed various documents and acknowledgement receipts. 5. I say that the accused have defaulted in making regular and timely payment in the agreed manner due to which the Bank had recalled loan facility as per agreed terms and conditions. 6. I say that complainant bank towards the payment of Loan presented the Cheque bearing Lakhs

Only)

dated

No. 626534 of Rs.15,00,000/-(Rupees Fifteen 16.05.2018

drawn

on

State

Bank

Of

Travancore,Guruvayur,70257, Komath Building East Nada,Guruvayur P.O-680101 issued by the accused, which got dishonored for the reason of “Refer to Drawer” vide cheque returning memo dated 19.05.2018. Original of cheque is exhibited as (Ex CW1/2) and bank returning memo is exhibited as (Ex CW1/3).

7. I say that thereafter complainant tried to contact the accused but was of no avail as the accused did not pay any heed to the request of the complainant, and after exhausting every means the complainant was constrained to send legal demand notice through its counsel on 11.06.2018 by Speed Post upon the accused, but despite the service of the Legal Notice the accused did not bother either to reply nor made the payment of the aforesaid dishonoured cheque, due to which it is clear that the accused has committed offence under section 138 of the NI Act, 1881 of dishonour of cheque. Office copy of legal notice is exhibited as (Ex CW1/4). Original postal receipt is exhibited as (Ex CW1/5). 8. I say that said cheque was issued by the accused in discharge of his legal liability and by dishonouring the same, the accused has made himself to be prosecuted for the offences punishable under Sections 138 to 142 of the Negotiable Instruments Act, 1881 (as amended upto date). 9. I say that the complainant has not filed any other complaint in any court of law qua the transaction of the aforesaid cheque in question. 10.

I say that I have filed the present complaint within the period of

limitation as prescribed by the law, and present evidence by way of affidavit is exhibited as Ex. CW1/A and bears my signature at point A and B.

DEPONENT VERIFICATION: Verified at Gurugram on this day of

June, 2018 that the contents of the

above affidavit are true and correct to the best of my knowledge so derived from the official records of the company as maintained by it in due course of its business.

DEPONENT