IN THE COURT OF HON’BLE SPL.

JUDICIAL FIRST-CLASS
MAGISTRATE AT :: MANCHERIAL

C.C NO: OF 2023

IN THE MATTER OF:

Masu Shiva, S/o: Mallesh, Age: 25 Years,

Occ: Agriculture, R/o:House No:17-21, Old Mancherial,
Mancherial Dist. Telangana State.

COMPLAINANT

VERSUS

Muppidi Shiva Kumar

S/o: Beemaiah, Age: 31 Years,
Occ: Pvt. Employee, R/o: H No: 15-19-1/3,
Old Mancherial Water Tank Road, Opp: Manikanta Tiles,
Madhura Nagar, Road No.1, Mancherial Dist.
Telangana State – 504 208.

ACCUSED

POLICE STATION: MANCHERIAL

COMPLAINT UNDER SECTION 200 CR.P.C FOR THE OFFENCE

U/S.138 OF THE NEGOTIABLE INSTRUMENTS ACT, 1881 (AS
AMENDED UPTO DATE) R/w SECTION 420 OF IPC FOR THE SUM
OF RS. 1,02,600/-.(RUPEES ONE LAKH TWO THOUSAND SIX HUNDRED
ONLY)
MOST RESPECTFULLY SHOWETH:

(1) That the Complainant is engaged in agriculture. That the Complainant

knows the accused from the last 4-5 years and on that account the
accused had gained the faith and confidence of the Complainant. That
on 18.11.2022 the accused approached the Complainant and requested
for a hand loan of Rs.95,000/- for his personal needs. Keeping in view
of the delinquent relationship with the accused, the Complainant has
arranged the amount as requested by the accused and lent to him on the
same date by way of cash. Thus, the Complainant provided the accused
the said amount which is repayable on demand.

(2) It is submitted that subsequently to that effect the accused had executed
a Personal Loan Agreement dt.18.11.2022 on Rs.50/- India Non-
Judicial Notarised Stamp Paper in favour of the Complainant in the
presence of Masu Srinivas and Oragani Sathaiah at Mancherial who
are the two eye witnesses herein.

(3) It is further submitted that upon frequent demands and personal visits,
requests and reminders by the Complainant. That in order to discharge
the above said liability and in accordance with the agreed terms and
conditions, the accused had issued Cheque bearing No.000002 Dated
29.01.2023 for Rs.95,000/- (Rupees Ninety-Five Thousand only) drawn
on Bank of Baroda towards payment against the Loan Agreement to the
Complainant. At the time of issuing the cheque, the accused assured the
Complainant that the same is good for value and will be honoured as
and when presented. The said cheque was issued from Account
No.43190100018388 which is held in the name of the accused.
(4) That the present complaint is based on the dishonour of the above said
cheque which was issued in discharge of a lawful debt.

(5) That at the time of handing over the above said cheque the accused had
assured the complainant that the said cheque will be honoured/encashed
on presentation. Taking the above assurance/representation as true, the
complainant had accepted the above said cheque.

(6) That on the basis of the assurances given by the accused, the
complainant presented the above said cheque dated.29.01.2023 with its
bankers namely Union Bank of India and the same was dishonoured
vide cheque return advice dated 31.01.2023 issued by the complainant’s
bank. The aforesaid cheque was returned unpaid vide Item Seq.
No:10819585107 returning memo dated 31.01.2023 with the remarks
“FUNDS INSUFFICIENT”.

(7) That the dishonour of the cheque clearly shows and establishes that the
accused did not intend to honour the amount under the said cheque.

(8) That on account of the dishonour of the said cheque, the complainant
had served a legal notice dated 09.02.2023 upon the Accused by way of
Registered Post vide Receipt No. RN146428059IN dated 09.02.2023.
However, the notice was returned as unclaimed.

(9) It is submitted that the accused has not taken any steps to liquidate his
liability and has failed to make payment to the complainant towards the
amount covered under the said cheque, within the statutory period of 15
days or thereafter. Thus, the Accused has, therefore committed an
offence within the meaning of Section 138 and other sections of the
 amended provisions of the Negotiable Instruments Act, 1881, for which
he is liable to be prosecuted and punished.

(10) That the accused has failed to make payment against the said cheque
which has been done by him malafidely, intentionally and deliberately
and knowingly. That at the time of issuing the said cheque the accused
was fully aware that the said cheque will not be honoured on
presentation. Therefore, the accused has dishonestly induced the
complainant to advance a sum of Rs.95,000/- (Rupees Ninety-Five
Thousand only) fully knowing that he cannot repay the said amount to
the complainant.

(11) That the accused is guilty of offence under Section 138, Negotiable
Instruments Act and is also liable to be prosecuted under Section 420
of the Indian Penal Code.

(12) That in view of the facts and circumstances, the complainant has a
cause of action and right to file the present complaint. The cause of
actions has arisen in favour of the complainant when, on the expiry of
the notice period, the Accused has not come forward to pay the amount
relating to the dishonoured cheques. The cause of action is still
subsisting and continuing in nature.

(13) That the cause of action has arisen at Mancherial as the cheque was
issued at Mancherial and the same was payable at Mancherial and was
also dishonoured at Mancherial. Therefore, this Hon’ble Court has
jurisdiction to try and adjudicate upon the present complaint.
 (14) That the complaint is well within limitation period prescribed
under the Act:
i.Date of Dishonor : 31.01.2023
ii. Date of Notice : 09.02.2023

iii. Date of filing Complaint : .03.2023

15.That a list of documents and list of witnesses are annexed with this
complaint.
i. Original Personal Loan Agreement dt.18.11.2022 on Rs.50/- India
Non-Judicial Notarised Stamp Paper in favour of the Complainant.
ii. Original Cheque Memo Dt:
iii. Original Postal Counterfoil Dt: 09.02.2023.
iv. E-copy of Postal Tracking Report dt:26.02.2023
v. Original Legal Notice Dt:09.02.2023 returned as unclaimed.
vi. Complainant,
vii. Banker(s) of the complainant with record of the cheque
viii. Banker(s) of the accused with record of the cheque
ix. Masu Srinivas (Eye Witness)
x. Oragani Sathaiah (Eye Witness)
PRAYER
It is, therefore, most respectfully prayed that this Hon’ble Court may be
pleased to:

a. Take cognizance of the offences, as the contents per-se amount to

commission of offence, as indicated above, without anything more.

b. Summon, prosecute and punish the Accused and also direct the
accused to pay the amount as double to the amount covered under the
said dishonoured cheque, under the provisions of Section 138 read
with Section 142 of the Negotiable Instruments Act,1881 as amended
by the Negotiable Instrument laws (Amended and Miscellaneous
Provisions) Act, 2002 and Section 420 of IPC.

c. In accordance with Section 357 of Code of Criminal Procedure 1973,

out of the penalty imposed, the Accused be ordered to compensate the
Complainant to the extent of Rs.50,000 /- (Rupees Fifty Thousand
Only) and

d. Such other and further orders may be passed as may be deemed fit
and proper by this Hon’ble Court.

It is prayed accordingly.

PLACE: Mancherial
DATED: .03.2023 COMPLAINANT
THROUGH :
ADVOCATE
 IN THE COURT OF HON’BLE SPL.
JUDICIAL FIRST-CLASS
MAGISTRATE AT :: MANCHERIAL

C.C NO: OF 2023

IN THE MATTER OF:

Masu Shiva
……Complainant

VS.

Muppidi Shiva Kumar

……Accused

COMPLAINT UNDER SECTION 200

CR.P.C FOR THE OFFENCE U/S.138 OF THE
NEGOTIABLE INSTRUMENTS ACT, 1881 (AS
AMENDED UPTO DATE) R/w SECTION 420
OF IPC FOR THE SUM OF RS. 1,02,600/-
.(RUPEES ONE LAKH TWO THOUSAND SIX
HUNDRED ONLY)

Filed On : .03.2023

Filed By: K.SRAVAN KUMAR

Counsel For : Complainant

C/o: BUTTERFLIES LAW FIRM

Chamber No.6, Silver Oaks Apartments,

Opp: Gate No.6, High Court Buildings,
Ghansi Bazar, Hyd – 500 066.

Cell: 9014437254

Mail : sra_one@aol.com
 IN THE COURT OF HON’BLE SPL. JUDICIAL FIRST-CLASS
MAGISTRATE AT :: MANCHERIAL

C.C NO: OF 2023

IN THE MATTER OF:

Masu Shiva, S/o: Mallesh, Age: 25 Years,

Occ: Agriculture, R/o:House No:17-21, Old Mancherial,
Mancherial Dist. Telangana State.

COMPLAINANT

VERSUS

Muppidi Shiva Kumar

S/o: Beemaiah, Age: 31 Years,
Occ: Pvt. Employee, R/o: H No: 15-19-1/3,
Old Mancherial Water Tank Road, Opp: Manikanta Tiles,
Madhura Nagar, Road No.1, Mancherial Dist.
Telangana State – 504 208.

ACCUSED

COMPLAINANT AFFIDAVIT

I Masu Shiva, S/o: Mallesh, Age: 25 Years, Occ: Agriculture,

R/o:House No:17-21, Old Mancherial, Mancherial Dist. Telangana
State do hereby solemnly affirm and state on oath as under;

That I am the deponent herein and the complainant in the above

complaint, as such I am well acquainted with facts of the case.
(1). That I myself engaged in agriculture. That I know the accused from the last
4-5 years and on that account the accused had gained the faith and confidence of
mine. That on 18.11.2022 the accused approached me and requested for a hand
loan of Rs.95,000/- for his personal needs. Keeping in view of the delinquent
relationship with the accused, I arranged the amount as requested by the accused
and lent to him on the same date by way of cash. Thus, I provided the accused the
said amount which is repayable on demand.

(2). It is submitted that subsequently to that effect the accused had executed a
Personal Loan Agreement dt.18.11.2022 on Rs.50/- India Non-Judicial Notarised
Stamp Paper in my favour in the presence of Masu Srinivas and Oragani Sathaiah
at Mancherial who are the two eye witnesses herein.

(3). It is further submitted that upon frequent demands and personal visits,
requests and reminders by me. That in order to discharge the above said liability
and in accordance with the agreed terms and conditions, the accused had issued
Cheque bearing No.000002 Dated 29.01.2023 for Rs.95,000/- (Rupees Ninety-
Five Thousand only) drawn on Bank of Baroda towards payment against the Loan
Agreement to me. At the time of issuing the cheque, the accused assured me that
the same is good for value and will be honoured as and when presented. The said
cheque was issued from Account No.43190100018388 which is held in the name
of the accused.

(4). That the present complaint is based on the dishonour of the above said cheque
which was issued in discharge of a lawful debt.

(5). That at the time of handing over the above said cheque the accused had
assured me that the said cheque will be honoured/encashed on presentation.
Taking the above assurance/representation as true, I had accepted the above said
cheque.

(6). That on the basis of the assurances given by the accused, I presented the
above said cheque dated.29.01.2023 with my bankers namely Union Bank of
India and the same was dishonoured vide cheque return advice dated 31.01.2023
issued by my bank. The aforesaid cheque was returned unpaid vide Item Seq.
No:10819585107 returning memo dated 31.01.2023 with the remarks “FUNDS
INSUFFICIENT”.

(7). That the dishonour of the cheque clearly shows and establishes that the
accused did not intend to honour the amount under the said cheque.

(8). That on account of the dishonour of the said cheque, I served a legal notice
dated 09.02.2023 upon the Accused by way of Registered Post vide Receipt No.
RN146428059IN dated 09.02.2023. However, the notice was returned as
unclaimed.

(9). It is submitted that the accused has not taken any steps to liquidate his liability
and has failed to make payment to me towards the amount covered under the said
cheque, within the statutory period of 15 days or thereafter. Thus, the Accused
has, therefore committed an offence within the meaning of Section 138 and other
sections of the amended provisions of the Negotiable Instruments Act, 1881, for
which he is liable to be prosecuted and punished.

(10). That the accused has failed to make payment against the said cheque which
has been done by him malafidely, intentionally and deliberately and knowingly.
That at the time of issuing the said cheque the accused was fully aware that the
said cheque will not be honoured on presentation. Therefore, the accused has
dishonestly induced me to advance a sum of Rs.95,000/- (Rupees Ninety-Five
Thousand only) fully knowing that he cannot repay the said amount to me.

(11). That the accused is guilty of offence under Section 138, Negotiable
Instruments Act and is also liable to be prosecuted under Section 420 of the Indian
Penal Code.

(12). That in view of the facts and circumstances, I myself has a cause of action
and right to file the present complaint. The cause of actions has arisen in my
favour when, on the expiry of the notice period, the Accused has not come
forward to pay the amount relating to the dishonoured cheques. The cause of
action is still subsisting and continuing in nature.

(13). That the cause of action has arisen at Mancherial as the cheque was issued
at Mancherial and the same was payable at Mancherial and was also dishonoured
at Mancherial. Therefore, this Hon’ble Court has jurisdiction to try and adjudicate
upon the present complaint.

(14). That the complaint is well within limitation period prescribed under the
Act:
i.Date of Dishonor : 31.01.2023
ii. Date of Notice : 09.02.2023
iii. Date of filing Complaint : .03.2023
(15). That a list of documents and list of witnesses are annexed with this
complaint.

xi. Original Personal Loan Agreement dt.18.11.2022 on Rs.50/- India

Non-Judicial Notarised Stamp Paper in favour of the Complainant.
xii. Original Cheque Memo Dt:
xiii. Original Postal Counterfoil Dt: 09.02.2023.
xiv. E-copy of Postal Tracking Report dt:26.02.2023
xv. Original Legal Notice Dt:09.02.2023 returned as unclaimed.
xvi. Complainant,
xvii. Banker(s) of the complainant with record of the cheque
xviii. Banker(s) of the accused with record of the cheque
xix. Masu Srinivas (Eye Witness)
xx. Oragani Sathaiah (Eye Witness)

Hence it is most respectfully prayed that this Hon’ble

Court may be pleased to Take cognizance of the offences, as the contents
per-se amount to commission of offence, as indicated above, without
anything more and Summon, prosecute and punish the Accused and also
direct the accused to pay the amount as double to the amount covered
under the said dishonoured cheque, under the provisions of Section 138
read with Section 142 of the Negotiable Instruments Act,1881 as
amended by the Negotiable Instrument laws (Amended and
Miscellaneous Provisions) Act, 2002 and Section 420 of IPC. And in
accordance with Section 357 of Code of Criminal Procedure 1973, out
of the penalty imposed, the Accused be ordered to compensate the
Complainant to the extent of Rs.50,000 /- (Rupees Fifty Thousand Only)
and Such other and further orders may be passed as may be deemed fit
and proper by this Hon’ble Court.
 The above facts are true and correct to the best of my
knowledge and belief.

PLACE: Mancherial
DATED: .03.2023 DEPONENT

Advocate for the Complainant

 IN THE COURT OF HON’BLE SPL.
JUDICIAL FIRST-CLASS
MAGISTRATE AT :: MANCHERIAL

C.C NO: OF 2023

IN THE MATTER OF:

Masu Shiva
……Complainant

VS.

Muppidi Shiva Kumar

……Accused

COMPLAINANT AFFIDAVIT

Filed On : .03.2023

Filed By: K.SRAVAN KUMAR

Counsel For : Complainant

C/o: BUTTERFLIES LAW FIRM

Chamber No.6, Silver Oaks Apartments,

Opp: Gate No.6, High Court Buildings,
Ghansi Bazar, Hyd – 500 066.

Cell: 9014437254

Mail : sra_one@aol.com
 IN THE COURT OF HON’BLE SPL. JUDICIAL FIRST-CLASS
MAGISTRATE AT :: MANCHERIAL

C.C NO: OF 2023

IN THE MATTER OF:

Masu Shiva, S/o: Mallesh, Age: 25 Years,

Occ: Agriculture, R/o:House No:17-21, Old Mancherial,
Mancherial Dist. Telangana State.

COMPLAINANT

VERSUS

Muppidi Shiva Kumar

S/o: Beemaiah, Age: 31 Years,
Occ: Pvt. Employee, R/o: H No: 15-19-1/3,
Old Mancherial Water Tank Road, Opp: Manikanta Tiles,
Madhura Nagar, Road No.1, Mancherial Dist.
Telangana State – 504 208.

ACCUSED

SWORN STATEMENT OF THE COMPLAINANT BY WAY OF

AFFIDAVIT

I Masu Shiva, S/o: Mallesh, Age: 25 Years, Occ: Agriculture,

R/o:House No:17-21, Old Mancherial, Mancherial Dist. Telangana
State do hereby solemnly affirm and state on oath as under;

That I am the deponent herein and the complainant in the above

complaint, as such I am well acquainted with facts of the case.
(1). That I myself engaged in agriculture. That I know the accused from the last
4-5 years and on that account the accused had gained the faith and confidence of
mine. That on 18.11.2022 the accused approached me and requested for a hand
loan of Rs.95,000/- for his personal needs. Keeping in view of the delinquent
relationship with the accused, I arranged the amount as requested by the accused
and lent to him on the same date by way of cash. Thus, I provided the accused the
said amount which is repayable on demand.

(2). It is submitted that subsequently to that effect the accused had executed a
Personal Loan Agreement dt.18.11.2022 on Rs.50/- India Non-Judicial Notarised
Stamp Paper in my favour in the presence of Masu Srinivas and Oragani Sathaiah
at Mancherial who are the two eye witnesses herein.

(3). It is further submitted that upon frequent demands and personal visits,
requests and reminders by me. That in order to discharge the above said liability
and in accordance with the agreed terms and conditions, the accused had issued
Cheque bearing No.000002 Dated 29.01.2023 for Rs.95,000/- (Rupees Ninety-
Five Thousand only) drawn on Bank of Baroda towards payment against the Loan
Agreement to me. At the time of issuing the cheque, the accused assured me that
the same is good for value and will be honoured as and when presented. The said
cheque was issued from Account No.43190100018388 which is held in the name
of the accused.

(4). That the present complaint is based on the dishonour of the above said cheque
which was issued in discharge of a lawful debt.

(5). That at the time of handing over the above said cheque the accused had
assured me that the said cheque will be honoured/encashed on presentation.
Taking the above assurance/representation as true, I had accepted the above said
cheque.

(6). That on the basis of the assurances given by the accused, I presented the
above said cheque dated.29.01.2023 with my bankers namely Union Bank of
India and the same was dishonoured vide cheque return advice dated 31.01.2023
issued by my bank. The aforesaid cheque was returned unpaid vide Item Seq.
No:10819585107 returning memo dated 31.01.2023 with the remarks “FUNDS
INSUFFICIENT”.

(7). That the dishonour of the cheque clearly shows and establishes that the
accused did not intend to honour the amount under the said cheque.

(8). That on account of the dishonour of the said cheque, I served a legal notice
dated 09.02.2023 upon the Accused by way of Registered Post vide Receipt No.
RN146428059IN dated 09.02.2023. However, the notice was returned as
unclaimed.

(9). It is submitted that the accused has not taken any steps to liquidate his liability
and has failed to make payment to me towards the amount covered under the said
cheque, within the statutory period of 15 days or thereafter. Thus, the Accused
has, therefore committed an offence within the meaning of Section 138 and other
sections of the amended provisions of the Negotiable Instruments Act, 1881, for
which he is liable to be prosecuted and punished.

(10). That the accused has failed to make payment against the said cheque which
has been done by him malafidely, intentionally and deliberately and knowingly.
That at the time of issuing the said cheque the accused was fully aware that the
said cheque will not be honoured on presentation. Therefore, the accused has
dishonestly induced me to advance a sum of Rs.95,000/- (Rupees Ninety-Five
Thousand only) fully knowing that he cannot repay the said amount to me.

(11). That the accused is guilty of offence under Section 138, Negotiable
Instruments Act and is also liable to be prosecuted under Section 420 of the Indian
Penal Code.

(12). That in view of the facts and circumstances, I myself has a cause of action
and right to file the present complaint. The cause of actions has arisen in my
favour when, on the expiry of the notice period, the Accused has not come
forward to pay the amount relating to the dishonoured cheques. The cause of
action is still subsisting and continuing in nature.

(13). That the cause of action has arisen at Mancherial as the cheque was issued
at Mancherial and the same was payable at Mancherial and was also dishonoured
at Mancherial. Therefore, this Hon’ble Court has jurisdiction to try and adjudicate
upon the present complaint.

(14). That the complaint is well within limitation period prescribed under the
Act:
i.Date of Dishonor : 31.01.2023
ii. Date of Notice : 09.02.2023
iii. Date of filing Complaint : .03.2023
(15). That a list of documents and list of witnesses are annexed with this
complaint.

i. Original Personal Loan Agreement dt.18.11.2022 on Rs.50/- India

Non-Judicial Notarised Stamp Paper in favour of the Complainant.
ii. Original Cheque Memo Dt:
iii. Original Postal Counterfoil Dt: 09.02.2023.
iv. E-copy of Postal Tracking Report dt:26.02.2023
v. Original Legal Notice Dt:09.02.2023 returned as unclaimed.
vi. Complainant,
vii. Banker(s) of the complainant with record of the cheque
viii. Banker(s) of the accused with record of the cheque
ix. Masu Srinivas (Eye Witness)
x. Oragani Sathaiah (Eye Witness)

Hence it is most respectfully prayed that this Hon’ble

Court may be pleased to Take cognizance of the offences, as the contents
per-se amount to commission of offence, as indicated above, without
anything more and Summon, prosecute and punish the Accused and also
direct the accused to pay the amount as double to the amount covered
under the said dishonoured cheque, under the provisions of Section 138
read with Section 142 of the Negotiable Instruments Act,1881 as
amended by the Negotiable Instrument laws (Amended and
Miscellaneous Provisions) Act, 2002 and Section 420 of IPC. And in
accordance with Section 357 of Code of Criminal Procedure 1973, out
of the penalty imposed, the Accused be ordered to compensate the
Complainant to the extent of Rs.50,000 /- (Rupees Fifty Thousand Only)
and Such other and further orders may be passed as may be deemed fit
and proper by this Hon’ble Court.
 The above facts are true and correct to the best of my
knowledge and belief.

Place: Mancherial
Dated: .03.2023 Deponent

Attestation: The deponent herein sworn and signed before me, after
admitting that the above facts are true and correct, hence attested.

Place: Mancherial
Dated: .03.2023 Attestor-Advocate
 IN THE COURT OF HON’BLE SPL.
JUDICIAL FIRST-CLASS
MAGISTRATE AT :: MANCHERIAL

C.C NO: OF 2023

IN THE MATTER OF:

Masu Shiva
……Complainant

VS.

Muppidi Shiva Kumar

……Accused

SWORN STATEMENT OF
THE COMPLAINANT BY
WAY OF AFFIDAVIT

Filed On : .03.2023

Filed By: K.SRAVAN KUMAR

Counsel For : Complainant

C/o: BUTTERFLIES LAW FIRM

Chamber No.6, Silver Oaks Apartments,

Opp: Gate No.6, High Court Buildings,
Ghansi Bazar, Hyd – 500 066.

Cell: 9014437254

Mail : sra_one@aol.com