Criminal Complaint No. 207/2019.

BEFORE THE COURT OF CHIEF JUDICIAL MAGISTRATE,

JALANDHAR​.

COMPLAINANT​: Age. Occpation

KULDEEP SINGH 30 Trader
Resident of 483,
Opposite AGI Business Centre,
Garha Road, Near Bus Stand
Jawahar Nagar Jalandhar, Punjab

V/S

ACCUSED ​:
(1)Zink Punjab Ltd.
BXII-407, 2nd Floor,
Near BSF Chowk, Ladowali Road,
Jalandhar, Punjab 144001

(2)Mahesh Kumar (Director),

Zink Punjab Ltd.

(3)Suresh Kumar (Director),

Zink Punjab Ltd.

::​ ​Affidavit of Evidence​ ::

I, Kuldeep Singh, Aged 41, Occupation :- Trader, Address :-483, opposite

AGI Business Center, Garha Road, Near Bus stand Jalandhar, Jawahar
Nagar, Jalandhar, Punjab Pin- 144001, do hereby solemnly affirmed
on oath and state that.
1) That the complainant Kuldeep Singh, is a Registered Trader, doing
business of purchase and sales of various chemicals, having its
Registered Office at above said address. That present complaint is
submitted by me as I am fully conversant with transactions with
accused and is competent to file the present complaint.

2) That accused no.-1 is a company registered as per the provision of

company act and doing business of processing of various chemicals at
above said address. That accused no.-2 is managing director and is
 operating the bank account of accused no.-1 company and is
authorized signatory over the cheque drawn in favour of the present
Complainant. Further accused no.-2 in capacity of Managing Director
is looking after purchase and sales of accused no.-1 company and is
managing day to day business and financial affairs of accused no.-1
company and is responsible for the act of accused no.1 company. That
accused no.-2 had participated in discussion-purchase and payment
assurance to the complainant companies hence the accused are legally
liable for the offensive act committed with Complainant.

3) That accused Company is regularly purchasing chemicals from the

complainant, and for the same current account is maintained by the
Complainant. The extract of ledger account of accused company is
produced. Business transactions between Complainant and accused
Company are narrated in ledger account accused Company. It
requested to exhibit the​ ​same.

4) That vide following transactions accused company has placed an order

for supply of chemicals, which was sold and delivered to them as
shown here under.

Invoice No. ​Date ​Challan No. Material Rupees.

A125 05/02/19 1260 Zink Powder 10,00,000/-
_______________
TOTAL Rs. 10,00,000/-

The ​true copy of invoice No. A125 ​is produced​. ​(Original Invoice
produced in C.C.No.A125) Challan No. 1260 and date 30-05-2011 is
mentioned in the Invoice. Amount of goods sold is of Rs.10,00,000/-
is mentioned in the Invoice. Name of accused Company is mentioned
as purchaser in the Invoice. It is duly signed by Complainant .

5) That goods sold and delivered to the accused was received by them.
Accused Company had promised to pay the total bill amount of
Rs. 10,00,000/- with an intention to make full payment for the
balance amount, accused company had handed over to Complainant a
cheque No.556732, dated: 05/03/2019( which is returned unpaid and
 complainant has lodged a criminal complaint for the same.) For the
payment of outstanding balance accused had handed over a cheque
no.​556732​, dated: ​5.3.2019 for Rs.​10,00,000/- ​duly signed by
Accused No.-2 on behalf of Accused No.-1 Company, favouring
Complainant, drawn upon Bank of Baroda Jalandhar City main
branch, with whom Accused Company is maintaining its regular bank
account. The original ​cheque no. 556732. The cheque is drawn upon
Bank of Baroda Jalandhar City main branch and it is in favour of
Complainant. Cheque No.556732 is written in the cheque. Date
05/03/19 and amount Rs.10,00,000/- in words & figure is written in
the cheque. It is sign by accused No.-2 on behalf of accused no.-1
company. I know the signature of accused no.-2, it is requests to
exhibit the cheque no.​556732​.
6) That cheque no.556732 drawn in favour of Complainant was for the
payment of legitimate dues of the complainant, hence complainant has
deposited the said cheque for acceptance on ​05/03/2019 through their
banker, State Bank of India Jalandhar City, Main branch, however as
there was not sufficient credit balance in the account of the accused
and had returned said cheque unpaid, stating reason ​INSUFFICENT
FUNDS. ​The said information was received by complainant through
their bank on dt.​09/03/2019 along with dishonoured cheque and
returned memo of State Bank of India Jalandhar City, Main branch.
The return memo is of State Bank of India Jalandhar City, Main
branch, and it is signed and sealed by the bank officer. Cheque No.
556732 & date 09/03/2019 is written in return memo. Amount
Rs.10,00,000/- is written in it. It is addressed to Complainant. It
requests to exhibit the return memo.
7) As cheque drawn by accused was returned unpaid, Complainant has
served legal notice by R.P.A.D on dt.​05/04/2019 to accused company
to pay the amount of dishonoured cheque within 15 days of receipt of
notice. The said notice is duly served to accused on dt​.07/04/2019​.
The office copy of ​notice is produced​. Amount of dishonoured cheque
is demand in notice and date 05/04/2019 is mentioned in notice.
 Which is duly sign and seal by advocate of Complainant. I known his
signature hence it requests to exhibit the same.
The ​original acknowledgement receipt ​duly served to accused no.1.
Acknowledgement receipt bear’s name and postal address of ​accused
no.1 i.e. Accused Company. The acknowledge receipt bears rubber
stamps of postal department and signature of authorized person of
accused company is in receipt. Dt.​07/04/19 is written in receipt. It is
requests to exhibit the same.
Though the notice has served to both accused, they failed to act as per
notice and accused neither paid amount of dishonoured cheque and
has committed an offence u/s 138 of N.I.Act. Complainant has filed a
complaint against accused which produced. The complaint submitted
by Complainant is within limitation prescribed by law.
All the fact mention above is of my personal knowledge and information hence
I consider it to be true and correct to the best of my knowledge.

Jalandhar
Date: 30/04/2019 ____________________
​(sing of complainant)

I know the signatory.

Advocate
 Criminal Complaint No. 207/2019.

BEFORE THE COURT OF CHIEF JUDICIAL MAGISTRATE,

JALANDHAR​.

COMPLAINANT​: ​ACCUSED ​:
KULDEEP SINGH (1)Zink Punjab Ltd.
Resident of 483, BXII-407, 2nd Floor,
Opposite AGI Business Centre, ​V/S​ Near BSF Chowk,
Garha Road, Near Bus Stand Ladowali Road,Jalandhar,
Jawahar Nagar Jalandhar, Punjab Punjab 144001
(2)Mahesh Kumar (Director),
Zink Punjab Ltd.

(3)Suresh Kumar (Director),

Zink Punjab Ltd.

List Of Documents.
The complainant above named submits, following original documents, in
support of his affidavit complaint, which may be permitted to keep with
complaint, and read as evidence.

Sr. Particulers Page number.

No.
a Copy of Purchase Order
b Copy of Delivery Order
c Copy of Delivery challan
Dated:24/12/18
d Copy of cheque in question of
Rs.10,00,000/- issued by accused
company bearing no. 556732 dated
5.3.2019 drawn at Bank of Baroda
Jalandhar City main branch.

e Copy of the memo No.CDAB/126 dated

9.3.2019 issued by the
complainant’s bank i.e. State Bank
 of India Jalandhar City main
branch.

f Copy of the notice issued to the all the

accused through the advocate of
the complainant.

g Copies of the sealed covers along with

the registered A.D
acknowledgments.

h Copies of the reply notice

Jalandhar.
Date:30-04-2019
(Advocate for Complainant)
 Criminal Complaint No. 207/2019.

BEFORE THE COURT OF CHIEF JUDICIAL MAGISTRATE,

JALANDHAR​.

COMPLAINANT​: ​ACCUSED ​:
KULDEEP SINGH (1)Zink Punjab Ltd.
Resident of 483, BXII-407, 2nd Floor,
Opposite AGI Business Centre, ​V/S​ Near BSF Chowk,
Garha Road, Near Bus Stand Ladowali Road,Jalandhar,
Jawahar Nagar Jalandhar, Punjab Punjab 144001
(2)Mahesh Kumar (Director),
Zink Punjab Ltd.

(3)Suresh Kumar (Director),

Zink Punjab Ltd.

Application of Exhibit the Documents.

The complainant above named submit original documents like cheque,
return memo, notice, receipts, acknowledgement receipts etc, in support
of his affidavit of evidence. It is request to which may be exhibits to
keep with complaint, and read as evidence.

Jalandhar.
Date:30/04/2019
(Advocate for Complainant)