IN THE COURT OF THE SECOND ADDL JUDICIAL FIRST

CLASS MAGISTRATE AT MACHILIPATNAM.

C.C NO: / 2019

Between: -
Akkala Satyanarayana Vara Prasad
S/o Late Nageswara Rao, Hindu, age about
45Year r/o D.NO: 30/178-2,
Malakaptanam, Machilipatnam
(With in the limits of Chilakalapudi p.s) …………… complainant

And
Singavarapu Sudha Mythily Jyotshna
W/O Garge Willison Samuel Peter, Cristian, age about 36 years,
R/O D.NO: 15/551-2,Srinivasa Nagar Colony,
Near Housing Board, Chilakalapudi Rural,
Chilakalapudi, Machilipatnam.

(With in the limits of Chilakalapudi p.s) …………Accused

COMPLAINT FILED ON BEHALF OF THE COMPLAINANT

U/ S 190 (1) (a) OF CODE OF CRIMINAL PROCEDURE 1973

1) Date and place of offence : on17.02.2019at Machilipatnam

2) Section of law : U/S 138 r/w 142 of N.I Act
3) Adress for service

Sri K.Srimannarayana Murthy,

Advocate,
D.NO: 16/448, Machavaram Mettu,
Machilipatnam.

4) Facts of the case:-

It is respectafully submitted that the complainant is resident of
Malakaptanam, Machilipatnam, whereas the accused is also resident of
Chilakalapudi, Machilipatnam; both are within the territorial jurisdiction of this
Hon’ble court.

The accused have borrowed an amount of Rs 1,00,000/-(Rupees One

Lakh only) from the complainant on 15.08.2017 for the purpose of his family
expenses and to discharge his sundry debts and agreed to repay the same together
with interest at the rate of 24% per annum, as and when demanded either by the
complainant or by his order. After receiving the said consideration of Rs 1, 00,000/-
the accused executed demand promissory note infavour of the complainant on the
even date and delivery the same to complainant at Machilipatnam.

Thereafter on demand made by the complainant, to discharge the aforesaid

legally enforceable debt on 17.02.2019 the accused issued a cheque infavour of the
complainant vide cheque bearing No: 889494 drawn on Syndicate Bank,
Machilipatnam for Rs 1,00,000/-(Rupees One Lakh only) towards part payment
of the above said legally enforceable debt. On 25.02.2019 the complainant presented
the said cheque in his bank i.e. U.C.O Bank, Machilipatnam for the purpose of
collection .But on 05.03.2019 the Branch Manager, U.C.O Bank, Machilipatnam
informed the complainant that the cheque issued by the accused was bounced due to
Insufficient funds in the account of the accused .The same was confirmed by the
Branch Manager, Syndicate Bank, Machilipatnam in the cheque returned memo of
the complainant bank dated 27.02.2019. The accused issued the above cheque with
dishonouest intention that without having sufficient funds in her account and thereby
cheated the complainant; as such the accused committed an offence under sec 138
r/w 142 of N.I Act.

Thereafter on 06.03.2019 and posted on 09.03.2019 the complainant got

issued a legal notice to the Accused and demanded for payment of the amount due
under the aforesaid bounced cheque within 15 days from the date of receipt of the
legal notice .The same was received by the accused ,but acknowledgement not yet
return to the complainant , the accused got reply the same through her counsel on
27.03.2019 with false averments to the counsel for the complainant ,but not come
forward to discharge the debt due under the aforesaid bounced cheque. Hence the
complainant is obliged to file this complaint.

The accused has to pay the following amounts to the complainant:

Cheque amount of Rs 1, 00,000-00
Complaint charges Rs 2500-00
Legal notice charges Rs 500-00
Advocate fee Rs 5,000-00
___________________
Total: Rs 1, 08,000-00
_____________________
(Rupees One Lakh eight thousand only)

The complainant therefore humbly prays that the Hon’ble court may please
to:-

A) Issue process to the accused and after conducting trial punish the accused
according to law;

B) Award compensation of Rs 1, 08,000/- under sec 357 of cr.p.c;

 C) Pass such other relief or relief’s as the Hon’ble court may deems fit and
proper in the circumastancess of the case and in the interest of justice

Advocate for complainant complainant

The facts state above are all true and correct to the best of my knowledge
and believe and information and I believe them to be true and correct.

Machilipatnam,
08.04.2019. Complainant.

LIST OF DOCUMENTS:-

1) 17.02.2019 cheque issued by the accused in favour of the

Complainant original
2) 22.02.2019 cheque returned memo issued by the Bank
Authorities do
3) 09.03.2019 legal notice got issued by the complainant to
The accused o/c
4) 27.03.2019 Reply notice to the complainant original

N.B:- Pronote and other documents will be filed at the time of trail

LIST OF WITNESS:-

1) complainant
2) The branch manager, Syndicate Bank, Machilipatnam.
3) The branch manager, U.C.O Bank, Machilipatnam.

Advocate for complainant.

 IN THE COURT OF THE SECOND ADDL JUDICIAL FIRST
CLASS MAGISTRATE AT MACHILIPATNAM.

C.C NO: /2019

Between:-
Akkala Satyanarayana Vara Prasad
…………… complainant

And
Singavarapu Sudha Mythily Jyotsna
…………Accused

Supporting Affidavit filed on behalf of the complainant under sec 145 of

N.I Act

I, Akkala Satyanarayana Vara Prasad son of Late Nageswara Rao, Hindu,

age about 46 years, Business, resident of Malakapatnam, Machilipatnam do
hereby solemnly affirm and sincerely state on oath as follows.

I am the petitioner herein and complainant in main case, as such I well

aware of the facts of the case

I submit that the accused have borrowed an amount of Rs 1,00,000/-(Rupees

One Lakh only) from me on 15.08.2017 for the purpose of his family expenses and
to discharge his sundry debts and agreed to repay the same together with interest at
the rate of 24% per annum, as and when demanded either by me or by my order.
After receiving the said consideration of Rs 1, 00,000/- the accused executed
demand promissory note infavour of me on the even date and delivery the same to
me at Machilipatnam.

Thereafter on demand made by me, to discharge the aforesaid legally

enforceable debt on 17.02.2019 the accused issued a cheque infavour of me vide
cheque bearing No: 889494 drawn on Syndicate Bank, Machilipatnam for Rs
1,00,000/-(Rupees One Lakh only) towards part payment of the above said legally
enforceable debt. On 25.02.2019 I presented the said cheque in my bank i.e. U.C.O
Bank , Machilipatnam for the purpose of collection .But on 05.03.2019 the Branch
Manager,U.C.O Bank, Machilipatnam informed me that the cheque issued by the
accused was bounced due to Insufficient funds in the account of the accused .The
same was confirmed by the Branch Manager, Syndicate Bank , Machilipatnam in
the cheque returned memo of the complainant bank dated 27.02.2019 The accused
issued the above cheque with dishonouest intention that without having sufficient
funds in her account and thereby cheated me, as such the accused committed an
offence under sec 138 r/w 142 of N.I Act.
 Thereafter on 06.03.2019 posted on 09.03.2019 I got issued a legal notice to
the Accused and demanded for payment of the amount due under the aforesaid
bounced cheque within 15 days from the date of receipt of the legal notice .The
same was received by the accused and got reply with false averments on 27.03.2019
and not come forward to discharge the amount. Hence I obliged to file this
complaint.

Therefore I humbly prays that the Hon’ble court may be pleased to receive the
complaint on file and issue process to the accused and punished the accused
according to law after full dress of trail in the interest of justice. Else I will sustain
huge loss which otherwise not compensated too.

Advocate for complainant Deponent

Solemnly affirm and signed before me

Machilipatnam, Advocate
08.04.2019.
 IN THE COURT OF THE SECOND ADDL JUDICIAL FIRST
CLASS MAGISTRATE AT MACHILIPATNAM.

C.C NO: /2019

Between:-
Akkala Satyanarayana Vara Prasad
…………… complainant

And
Singavarapu Sudha Mythily Jyotsna
…………Accused

Sworn Affidavit filed on behalf of the complainant under sec 145 of N.I Act

I, Akkala Satyanarayana Vara Prasad son of Late Nageswara Rao, Hindu,

age about 46 years, Business, resident of Malakapatnam, Machilipatnam do
hereby solemnly affirm and sincerely state on oath as follows.

I am the petitioner herein and complainant in main case, as such I well

aware of the facts of the case

I submit that the accused have borrowed an amount of Rs 1,00,000/-(Rupees

One Lakh only) from me on 15.08.2017 for the purpose of his family expenses and
to discharge his sundry debts and agreed to repay the same together with interest at
the rate of 24% per annum, as and when demanded either by me or by my order.
After receiving the said consideration of Rs 1, 00,000/- the accused executed
demand promissory note infavour of me on the even date and delivery the same to
me at Machilipatnam.

Thereafter on demand made by me, to discharge the aforesaid legally

enforceable debt on 17.02.2019 the accused issued a cheque infavour of me vide
cheque bearing No: 889494 drawn on Syndicate Bank, Machilipatnam for Rs
1,00,000/-(Rupees One Lakh only) towards part payment of the above said legally
enforceable debt. On 25.02.2019 I presented the said cheque in my bank i.e. U.C.O
Bank , Machilipatnam for the purpose of collection .But on 05.03.2019 the Branch
Manager,U.C.O Bank, Machilipatnam informed me that the cheque issued by the
accused was bounced due to Insufficient funds in the account of the accused .The
same was confirmed by the Branch Manager, Syndicate Bank , Machilipatnam in
the cheque returned memo of the complainant bank dated 27.02.2019 The accused
issued the above cheque with dishonouest intention that without having sufficient
funds in her account and thereby cheated me, as such the accused committed an
offence under sec 138 r/w 142 of N.I Act.

Thereafter on 06.03.2019 posted on 09.03.2019 I got issued a legal notice to

the Accused and demanded for payment of the amount due under the aforesaid
bounced cheque within 15 days from the date of receipt of the legal notice .The
same was received by the accused and got reply with false averments on 27.03.2019
and not come forward to discharge the amount. Hence I obliged to file this
complaint.

Therefore I humbly prays that the Hon’ble court may be pleased to receive the
complaint on file and issue process to the accused and punished the accused
according to law after full dress of trail in the interest of justice. Else I will sustain
huge loss which otherwise not compensated too.

Advocate for complainant Deponent

Solemnly affirm and signed before me

Machilipatnam, Advocate
08.04.2019.