IN THE COURT OF JUDICIAL MAGISTRATE, FASTTRACK III
AT SAIDAPET
S.T.C.No.3545 of 2023
K.Umapathy,
S/o.R.Kirshnamoorthi,
A2, Balaji Apartments,
No.10, Jothi Nagar 2nd street,
Ekkattuthangal,
Chennai - 600032……...……………………………...………...Complainant
-Vs-
Mr.G.Kumar,
No.15/21, Royal Orchard,
J Flat, 5th Main Road,
Nanganallur,
Chennai – 600 061……………..………………… ……...…..…Accused
PROOF AFFIDAVIT
I, K.Umapathy, S/o.R.Kirshnamoorthi, aged about 52 years,
residing at A2, Balaji Apartments No.10, Jothi Nagar 2nd street,
Ekkattuthangal, Chennai – 600032, do hereby solemnly affirm and
sincerely state as follows:
1. I am the complainant in this matter and as such well aware and
acquainted with the facts and circumstances of the case.
2. I submit that I am residing at the above address for long time. The
Complainant knows the accused through common friends. Accordingly,
the Accused had approached the Complainant and requested him to lend
him a hand loan of Rs.10,00,000/-(Rupees Ten lakhs only) for his
family expanses by way of a Promissory Note in the year of 2017, and
assured to repay the above said hand loan within period of 12 months.
Based on the proximity of the friendship, the Complainant also agreed for
his request and lent a sum of Rs.10,00,000/- (Rupees Ten lakhs only)
to the accused.
3. I further submits that while the above hand loan was borrowed by
the Accused, as months passed by, the Accused did not repay the said
hand loan amount as promised i.e. within a period of 12 months and not
paid any interest amount. When I approached the accused and
requested, I was made to run from pillar to post. Thereafter, after
several requests and demands, the Accused had issued two Cheques
having Nos.024585 and 024586, having each a sum of Rs.5,00,000/-
dated 27.09.2022, drawn on State Bank of India, Besant Nagar
Branch, Chennai. The Accused also requested me to deposit the
above cheques in to his bank.
4. I further submits that as per the instructions of the accused I
deposited the above two cheques with my banker on 27.09.2022 for
collection in my Indian Overseas Bank, Chennai – Ekkattuthangal
Branch and the said cheques were returned un paid by my bank on
28.09.2022 with a Memo stating “02 (Exceeds arrangement)” and
intimated the same to me. I requested the accused several times
through telephonic message for release of the payment owed by me
but the accused always been dilly dodging and delaying the same on one
pretex to the other and so far have not paid even a single paisa out of the
entire hand loan amount.
5. I further states that since the accused have failed and neglected to
honor his commitment, i was constrained to issue statutory notice
dated 20.10.2022 under speed post with acknowledgement due calling
upon the accused to make payment in respect of the dishonored cheque
within the statutory period.
6. I further states that the accused have received the notices by his
family member on 22.10.2022. The accused have not made any payment
towards the default cheques issued by him for the said hand loan amount.
The complainant submits that since the accused have failed to pay the
Cheque amount, the accused have committed an offence under section
138,141,&142 of the Negotiable Instruments Act.
7. I further states that the accused with a malafide intention, wantonly
issued cheques and not paid the amount. Moreover the accused have
not chosen to settle the Cheque amount after issued the advocate notice,
hence I am having no other efficacious remedy, prefers this complainant
under section138,141,&142 of the Negotiable Instrument Act for the
offence committed by the accused. The accused has signed in the
Cheque and failed to make good of the same and is liable to be
punished for the offence committed under this Act.
It is therefore, further prayed that this Hon’ble Court may be
pleased to direct the Accused to immediately repay the hand loan amount
ofRs.10,00,000/- (Rupees Ten lakhs only) borrowed by him together with
applicable interest and other charges thereon under section 357 of Cr.P.C.
and pass such further or other orders as this Hon’ble Court may deem fit
and proper under the circumstances of the case and thus render justice.
Solemnly affirmed at Chennai on ] BEFORE ME,
this the 27th day of September 2023 ]
and signed his name in my presence] ADVOCATE, SAIDAPET
IN THE COURT OF JUDICIAL MAGISTRATE, FASTTRACK III
AT SAIDAPET
C.C.No. of 2023
K.Umapathy,
S/o.R.Kirshnamoorthi,
A2, Balaji Apartments,
No.10, Jothi Nagar 2nd street,
Ekkattuthangal,
Chennai - 600032……...……………………………...………...Complainant
-Vs-
Mr.G.Kumar,
No.15/21, Royal Orchard,
J Flat, 5th Main Road,
Nanganallur,
Chennai – 600 061……………..………………… ……...…..…Accused
LIST OF DOCUMENTS
1) Promissory Note
2) Cheque bearing No.024585 Dated 27.09.2022 for a sum of
Rs.5,00,000/-
3) Cheque bearing No. 024586 Dated 27.09.2022 for a sum of
Rs.5,00,000/-
4) Bank return two Memos dated 28.10.2022
5) Legal Notice Dated:20.10.2022
6) Postal receipt dated:21.10.2022
7) Acknowledgement card dated: 22.10.2022
LIST OF WITNESSES
1) The Complainant.
2) The Manager, State Bank of India, Besant Nagar Branch,
Chennai.
3) The Manager, Indian Overseas Bank, Chennai – Ekkattuthangal
Branch, Chennai.
Dated at Saidapet on this the 27h day of September, 2023.
COUNSEL FOR COMPLAINANT
IN THE COURT OF JUDICIAL
MAGISTRATE, FASTTRACK III
AT SAIDAPET
S.T.C.No.3545 of 2023
K.Umapathy,
S/o.R.Kirshnamoorthi,
…Complainant
-Vs-
Mr.G.Kumar,
….Accused
PROOF AFFIDAVIT
M/s.D.YOGESWARAN (E.No.2105/2009)
Mr.P.KANNAN (E.No.436/2009)
Mr.C.MUTHUKUMAR (E.No.67/2020)
Mr.MOHIDEEN PARK (E.No.4295/2022)
Counsel for the Petitioner
--------------------------------------------------------
Office: “D&D ASSOCIATES”, No.20/33,
Victory Group of Institutions Building,
1st Floor, Ramakrishnapuram 3rd Street,
Aryagowda Road, West mambalam,
Chennai - 600 033 Cell: 9962186380
Email:[email protected]
IN THE COURT OF JUDICIAL
MAGISTRATE, FASTTRACK III
AT SAIDAPET
S.T.C.No.3545 of 2023
K.Umapathy,
S/o.R.Kirshnamoorthi,
…Complainant
-Vs-
Mr.G.Kumar,
….Accused
DOCUMENT NO.
M/s.D.YOGESWARAN (E.No.2105/2009)
Mr.P.KANNAN (E.No.436/2009)
Mr.C.MUTHUKUMAR (E.No.67/2020)
Mr.MOHIDEEN PARK (E.No.4295/2022)
Counsel for the Petitioner
--------------------------------------------------------
Office: “D&D ASSOCIATES”, No.20/33,
Victory Group of Institutions Building,
1st Floor, Ramakrishnapuram 3rd Street,
Aryagowda Road, West mambalam,
Chennai - 600 033 Cell: 9962186380
Email:[email protected]
