IN THE COURT OF THE JUDICIAL MAGISTRATE FAST TRACK,
THOOTHUKUDI
STC No.: _______/2025
Mr. Ramachandran, aged 54
S/o Sudalaimadan,
Residing at 11-N, Munniyasamy Puram 2nd Extension,
New Colony,
Thoothukudi – 628003.
(South police ststion limit)
….Complainant
Versus
Mr. Raja Thiagarajan, aged 50
S/o Thiagarajan,
2H/25, Kathirvel Nagar,
Thoothukudi
(Sipcot Police Station limit).
…….Accused
COMPLAINT UNDER SECTION 138 & 142 OF THE NEGOTIABLE
INSTRUMENTS ACT, 1881
1. The complainant and the accused have been acquainted for the
past five years. Owing to this familiarity, the accused approached
the complainant for a personal loan of Rs. 5,00,000/- (Rupees Five
Lakhs), promising to repay the amount within six months. Out of
goodwill, the complainant extended the loan.
2. Despite the lapse of the agreed repayment period and repeated
reminders from the complainant, the accused failed to repay the
loan amount. After persistent demands, the accused issued a
cheque (Cheque No. 000024), dated 25.11.2024, drawn on HDFC
Bank, Tuticorin Branch, for Rs. 5,00,000/- in favor of the
complainant.
3. Relying on the accused's assurance, the complainant presented
the cheque for encashment through his account at Canara Bank,
Chidhambara Nagar Branch, Tuticorin, on 25.11.2024. However,
the cheque was dishonoured on 26.11.2024, with the bank
returning it with a memo stating “Account Blocked - Situation
Covered in 2525.”
4. Upon dishonour of the cheque, the complainant issued a legal
notice dated 10.12.2024 to the accused, within the statutory period
of one month, demanding payment of the cheque amount within 15
days from the receipt of the notice.
5. The accused received the legal notice on 11.12.2024. However,
despite receiving the notice, the accused neither repaid the
cheque amount nor provided any reply, thereby violating the
provisions of Section 138 of the Negotiable Instruments Act, 1881.
6. The complaint is filed within the prescribed limitation period under
the Negotiable Instruments Act, 1881, calculated from the expiry of
15 days statutary period provided in the legal notice.
7. This complaint has to be filed within one month from the date of
expiry of 15 days time given under the legal notice. The
complainant has paid the court fees of Rs. /- as per the court
fees Act.
8. The complainant submits that the cause of action arose within the
jurisdiction of this Honourable Court, as the cheque was presented
in his account at Canara Bank, Chidhambara Nagar Branch,
Tuticorin and dishonoured. The complaint is filed within the
limitation period prescribed under the law.
PRAYER
The complainant prays that this Honourable Court may be pleased to:
1. Take this complaint on file.
2. Issue summons to the accused.
3. Enquire into the matter and punish the accused in accordance with
Section 138 of the Negotiable Instruments Act, 1881.
4. Award compensation to the complainant under Section 357 of the
Code of Criminal Procedure, 1973.
5. Pass such further or other orders as this Honourable Court may
deem fit and proper in the interest of justice.
Advocate
Complainant
Verification
I, Mr. Ramachandran, the complainant herein, do hereby verify and
declare that the statements made in this complaint are true to the best of
my knowledge and signed the complaint on .1.2025 at Thoothukudi
Complainant
List of Documents:
1. Cheque No. 000024 dated 25.11.2024 (Original).
2. Bank return memo dated 26.11.2024 (Original).
3. Legal notice dated 10.12.2024 (office Copy).
4. Postal receipt for legal notice (Original).
5. Postal acknowledgment dated 11.12.2024 (Online tracking).
List of Witnesses:
1. Mr. Ramachandran, Complainant.
2. The Branch Manager,
Canara Bank, Chidhambara Nagar Branch,
Tuticorin.
3. The Branch Manager,
HDFC Bank,
Tuticorin Branch.
Advocate
Complainant
IN THE COURT OF THE
JUDICIAL MAGISTRATE
FAST TRACK,
THOOTHUKUDI
STC No.: _______/2025
Mr. Ramachandran, aged 54
S/o Sudalaimadan,
….Complainant
Versus
Mr. Raja Thiagarajan, aged 50
S/o Thiagarajan,
…….Accused
COMPLAINT UNDER
SECTION 138 & 142 OF THE
NEGOTIABLE INSTRUMENTS
ACT, 1881
Advocate
J.Prakash BA.,BL
Thoothukudi
Ph No:9942614689
