HIGH COURT OF DELHI: NEW DELHI

(Office of State Court Management Systems Committee)

NI ACT COMPLAINT META DATA

. (To be filled by Complainant)

A. Particulars of Complainant:
1. Name: iMJs. ECSO Global Pvt. Ltd.

Gender (Male/Female/Others/Legal Entity): egal entity

2.
3. Age:
4. Parentage:
5. In case, complaint is filed through other person - Name of Authorized Keshav Varshney
Representative/ Power of Attorney Holder:
6. Address: 4thFloor, B-Wing,Statesman
House, Barakhamba Road,
New Delhi - 110 001
7. Mobile No:
Emailld: eshav. varshnevrdiabsulutefood
8.
~

9. Status of Complainant, if other than individual (Company/Firm/other) tompany

details of Documents filed (Company Master Data, Form 32 for
Directors, Partnership Deed, any other):
10. Details of the advocate of the Complainant: (Name, enrolment ID, Shikhar Khare
Mobile no., email id): 0/726/2013
7506433495
khare.shi kharfa)pmai Leo
1m
11. Name of Complainant's Bank where cheque was presented: nduslnd Bank
i. Address of the Bank Branch: papal Das Bhawan, 28,
Isarakhamba Rd,Connaught
u.ane, Barakhamba, New
Ioelhi, Delhi 110001
ii. IFSC Code: INDBOOOll02

B. Details of Accused (Add additional templates as per need):

1. Name: GAJENDRA KUMAR
2. Gender (Male/Female/Others): MALE
3. Age: 45 years
4. Parentage:
5. Address: 10 JaiMataDi Fruits
S/O Ram Lalit Thakur,
iRJo Dhanaur, Muzaffarpur,
Bihar-843321
~
k;/0 JaiMala Di Fruits
Shop No. I, Bazar Samiti,
~iyapur, Muzaffarpur, Bihar-
843321
6. Mobile No: 8210875763
9370144646
7. Emailld:

C. Details where accused is a Company/Firm:

1. Name:
2. Registered address:
3. Name of Managing Director/Partners:
4. Name of signatory of dishonoured cheque:
5. Name of persons vicariously liable for the Company/Firm:

D. Details of financial liability (Loan, sale of goods/services, lease/license & others):

1. Nature of liability for which cheque was received: IRs. I 0,00,0001- one cheque
2. In cases of friendly loan, provide the following particulars:
i. Date when the borrower approached the Complainant for loan:
Ii. Date when the loan was advanced:
iii. Place at which the loan was advanced:
iv. Persons in whose presence the loan was advanced:
 Mode of advancement of loan (cash/ cheque/ Bank transaction/
others): 1
Use separate templates depending upon the nature of liability.

E. Particulars of Cheque (Add additional templates as per need):

1. Cheque Number: 001027
2. Date on the cheque: 12.01.2023
3. Amount (in figure) on the cheque: Rs. 10,00,000/-
4. Amount (in words) on the cheque: Rs. Ten lakh only

5. Date when the Complainant received the cheque from accused:

6. Name of the Bank on which the dishonoured cheque is drawn: CICI Bank
i. Addre ss of the Bank Branch: lZeromile , MuzalTarpur Branch
rharu Gankaki, Akharaghat Road,
Izeromile, Muzaffarpur, Bihar-
84?00 2
ii. IFSC Code: ICICOO03345
7. Date when the cheque was presented to the Bank lastly: 16.01.2023

8. Number of times this cheque was presented : 1

9. Date on Cheque Return Memo: 17.01.2023
10. Date when information about dishonour was received by the 17.01.2023
Complainant:
11. Reason(s}for dishonour of cheque: Insufficient Funds

F. Particulars of Legal Demand Notice:

1. Date on Legal Demand Notice: 14.02.2023
2. Date when the Legal Demand Notice was dispatched : 16.02.2023
3. Mode of dispatch of Legal Demand Notice (Physical/Electronic) Speed Post
[personal, Speed post, Regd. Post, Courier , E-mail, others] :
4. Whether the Complainant relies on presumption of law for service : Yes
5. If not, the actual date of service of Legal Demand Notice :
6. Whether reply to Legal Demand Notice was received: No
7. If Yes, provide the date of receiving of reply:

G. Additional particulars of criminal complaint:

1. Date when the 15 days from service of Legal Demand Notice was 08.03.2023
complete:
2. Date of accrual of cause of action: 1.02.2023
3. Date when the limitation of one month expires : p7.04.2023
4. Whether the complaint is filed within limitation : lYes
5. If No, whether the Complainant is filing condon at ion application :

H. Other Details:
1. Name of PS within which the offence is committed: IBARAKHAMB A ROAD
2. Whether any other case filed/pend ing with respect to the transa ction No
in question/cheque:
3. If Yes,the details thereof (CNR Number be ment ioned) :
4. Whether you want the remittance/payment by the accused in the Yes
aforementioned account of yours as mentioned above (Yes/No) :
5. If no, the No. of the account, Name of the Bank, Address of the Branch,
IFSC Code of the branch in wh ich you want the remittance/payment:
6. Court fee paid: Yes
7. Mode of payment of such court fee: Physically

I. Recourse to ADR:
1. Complainant willing to settle by Mediation/ Lok Adalat: No

J. Supporting documents:
1. Number of documents attached in e-file : 1
2. Particulars of documents so attached: omplaint
3. Undertaking of the Complainant for filing original documents: Yes
 CASE INFORMATION FORMAT

S.I\lo PLAINTI FF/PETITIONER/APPELLANT/DECREE HOLDER ETC.

(PLEASE FILL UP ALL THE RELEVANT FIELDS &(*) FIELDS ARE MANDATORY)
1. *Name of lVl/s. E(SO GLOBAL PRIVATE LIMITED
plaintiff
2. * S/o, w/o, D/o
3. *Address 4TH FLOOR, B-WING, STATESMAN HOUSE, BARAKHAMBA
ROAD, NEW DELHI
4. Aadhar Card No. Aadhar Card No. Pin Code 1 1110 101011
5. *Gender Male Female Others Nationality
6. Date of DD MM YYY *Age
Birth/*Age Years
7. *Mobile No./*E- 7506433495 KHARE [email protected]
mail
8. *Act/Section 138
9. Valuation of Suit Court fees ascertained:
Court Fee paid/deposited:
10. *Police Staition Barakhamba Road (In Criminal Matter Only)
11. *F.I.R. No.& Year (In Criminal Matter Only)

S.No DEFENDANT/ACCUSED/RESPONDENT/JUDGEMENT DEBITOR ETC.

(PLEASE FILL UP ALL THE RELEVANT FIELD)
1. *Name of GAJENDRA KUMAR
plaintiff
2. * S/o RAM LALIT THAKUR
3. *Address DHANAUR, MUZAFFARPUR, BIHAR-843321
ALSO AT
SHOP NO.1, BAZAR SAMITI,AHIYAPUR, MUZAFFARPUR,
BIHAR - 843321
4. Aadhar Card No. 698602130687 Pin Code 81413131211
5. *Gender Male Female Others Nationality
6. Date of 01 03 1978 *Age 45
Birth/*Age Years
7. *Mobile No./*E-
mail 9370144646 E-MAIL IN CAPITAL LETTERS

S.No. ADVOCATE FOR PLAINTIFF/COMPLAINANT/PETITIONER/DECREE HOLDER

ETC.
1. *Name of SHIKHAR KHARE I *Bar Regn.No. I D/726/2013
Advocate
2. *Address A-247,BASEMENT & GROUND FLOOR, DEFENCE COLOI\lY
NEW DELHI -110024
3. *Mobile 7506433495 [email protected]
No/*E-mail

Submitted by:- SHIKHAR KHAREADVOCATE

(Piaintiff/Petitioner/Defandant/Accused/Others/Advocates)
 CHECK LIST
1. Details of the case whether 138 N.!. Act, complaint U/S 138 IN ACT.
case etc.

2. Total Cheque(s) Amount Only in 138 Cases . Rs. 10,00,000/-

3. Area of bounce cheque (s) BARAKHAMBA ROAD

4. Name M/s. ECSO GLOBAL PRIVATE

Address of the complaint, LIMITED
14TH FLOOR, B-WING,
Age: ISTATESM AN HOUSE,
(Whether Sr. Citizen) BARAKHAMBA ROAD,
Gender NEW DELHI 110001
Contact No.
Contact No. 7506433495

Male/Female
5. Name
Address of the complaint,

Age:
(Whether Sr. Citizen)
Gender
Contact No. Male/Female

5-a. Name
Address of the complaint,

Age:
(Whether Sr. Citizen)
Gender
Contact No. Male/Female

5-b. Name
Address of the complaint,

Age:
(Whether Sr. Citizen)
Gender Male/Female
Contact No.
6. Name of Police Station ~ARAKHAMBA ROAD

7. Any other information with respect to present case.

IN THE COURT OF LD. CHIEF METROPOLITAN MAGISTRATE,
PATIALA HOUSE COURTS, NEW DELHI
CRIMINAL COMPLAINT NO. OF 2023

IN THE MATIER OF:

Mis. ECSO GLOBAL PRIVATE LIMITED ...COrvIPLAINANT
VERSUS
GAJENDRA KUMAR ...ACCUSED

INDEX

S. NO.
1.
2.
PARTICULARS
IVIEMO OF PARTIES
COMPLAINT UNDER SECTIONS 138 READ WITH
,
PAGES

J"-1-
141 & 142 OF THE NEGOTIABLE INSTRUIVIENTS
ACT, 1881 ALOI\lG WITH SUPPORT[NG AFFIDAVIT.
3. LIST OF WITNESSES [5
4. LIST OF DOCUrvlENTS ~·-IB
5. PRE-SUMMONING EVIDENCE BY WAY OF Jq ._~~
AFFIDAVIT
6. APPLICATION UNDER SECTION 143A OF THE ~-;{~
NEGOTIABLE INSTRUrvlENTS ACT, 1881 ALONG
WITH SUPPORTING AFFIDAVIT. db§AL
-
r ----",.~
!---
7. VAKALATNAMA ~~~'.)lC','C- ~~o-J!)
I~ v-,

THROUGH
m
~~~~' ~lr~
CO~' ~ NT

SHIKHAR KHARE
ADVOCATE FOR THE COrvIPLAII\lAI\lT
A-247, GROUND FLOOR & BASErvlENT,
DEFENCE COLONY, I\lEW DELHI- 110024
M: +91 7506433495
EMAIL: [email protected]
PLACE: I\lEW DELHI
DATED:03·04.2023
 I
IN THE COURT OF LD. CHIEF METROPOLITAN MAGISTRATE,
PATIALA HOUSE COURTS, NEW DELHI
CRIMINAL COrvlPLAINT NO. OF 2023

IN THE MATTER OF:

M/s. ECSO GLOBAL PRIVATE LIMITED ...COMPLAINANT
VERSUS
GAJ EN DRA KU MAR ...ACCUSED

MEMO OF PARTIES

MIs. ECSO GLOBAL PRIVATE LIMITED

4TH FLOOR, B-WING, STATESIVIAN HOUSE,
BARAKHAMBA ROAD, NEW DELHI - 110 001 ...COMPLAINANT

VERSUS
GAJENDRA KUMAR
C/O JAI MATA DI FRUITS
5/0 RAM LALIT THAKU R,
RIO DHANAUR, MUZAFFARPUR, BIHAR-843321
ALSO AT
C/O JAI MATA DI FRUITS
SHOP NO.1, BAZAR SAMITI,
AHIYAPUR, MUZAFFARPUR, BIHAR - 843321

THROUGH

SHIKHAR KHARE
ADVOCATE FOR THE COMPLAINANT
A-247, GROUND FLOOR & BASEIVlEI\JT,
DEFENCE COLONY, NEW DELHI- 110024
M: +91 7506433495
EMAIL: [email protected]
PLACE: NEW DELHI
DATED:03.04.2023
 IN THE COURT OF LD. CHIEF METROPOLITAN MAGISTRATE,
PATIALA HOUSE COURTS, NEW DELHI
CRIMINAL COMPLA.INT NO. OF 2023

IN THE MATTER OF:

IVI/s. ECSO GLOBAL PRIVATE UMITED ...COMPLA.INANT
VERSUS
GAJENDRA KUMAR ...ACCUSED

P.S. BARAKHAMBA ROAD

COMPLAINT UNDER SECTION 138 READ WITH 141 & 142 OF THE
NEGOTIABLE INSTRUMENTS ACT, 1881 (AS AMENDED FROM
TIME TO TIME)

MOST RESPECTFULLY SHOWETH:

1. The Complainant viz. M/s. ECSO Global Private Limited is a company

incorporated under the provisions of the Companies Act, 1956 and is

inter alia engaged in supply of agricultural produce such as fruits and

vegetables. The present complaint is being through Mr. Keshav

Varshney, Senior Manager (Finance & Accounts), who has been duly

authorised by the Complainant company to file, present and institute

the same. A copy of the board resolution authorising him to file the

present complaint is annexed as ANNEXURE C-1.

2. The Accused is engaged in the trade of fruits and vegetables. The

Accused resides and carries on his profession at the address mentioned

in the memo of parties. .. .. '0

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3. Based on the assurances given by the Accused that he will make timely

payment, the Complainant supplied fruits and vegetables (viz.

Produce) at the agreed terms to the Accused from time to time. The

sales were made and payment were received on an on-account basis.

The Produce so supplied was duly accepted by the Accused without

any protest or demur.

4. As per the ledger maintained by the Complainant, for the supplies

made to the Accused till date, there is a sum of Rs. 10,22,355.25/- due

and payable to the Complainant. A copy of the ledger statement in

respect of the Accused is annexed hereto and marked as

Annexure C-2.

5. Against the aforesaid supply, the Accused had to inter alia clear the

outstanding dues of Rs. 10,00,000/- (Rupees Ten Lakh Only) payable

to the Complainant. Towards the same, the Accused handed over to

the Complainant a cheque being Cheque No. 001027 dated 12.01.2023

drawn on ICICI Bank, Zeromile, Muzaffarpur Branch for a sum of Rs.

10,00,000/- Cthe Cheque').

6. The Cheque was presented for payment within the period of three

months as mandated by the Reserve Bank of India. The Complainant

first presented the Cheque for payment on 16.01.2022. However, the

 same was dishonoured due to insufficient funds and returned on

17.01.2023.

7. The original Cheque (bearing No. 001027 dated 12.01.2023) issued by

the Accused to the Complainant is annexed hereto and marked as

ANNEXURE C-3 and the original Return Memo issued by the Bank in

respect of the Cheque is annexed hereto and marked as

ANNEXURE C-4.

8. It is pertinent to note that the Cheque was issued by and signed by

the Accused and the Cheque was tendered as payment towards the

outstanding liability of the Accused, which had arisen in respect of

supply of the Produce by the Complainant.

9. Upon the Cheque being dishonoured, the Complainant had called upon

the Accused to clear tile outstanding liability of Rs. 10,00,000/-.

Despite repeated reminders, the Accused failed to clear the

outstanding dues. Even though the Accused has all along admitted his

liability to pay the said amount, yet the Accused has failed to remit the

payment till date.

10. Aggrieved by the above, the Complainant was constrained to issue a

legal notice under Section 138 of the Negotiable Instruments Act, 1881

('the Act') to the Accused on 14.02.2023 ('Legal Notice'). The Legal

 Notice was issued within the statutory period of 30 days stipulated

under Section 138(b) of the Act. The Legal Notice was served upon the

Accused via registered post on 21.02.2023. Copy of the Legal Notice

issued to the Accused is annexed hereto and marked as

ANNEXURE C-S and copy of speed post receipt and delivery report is

annexed hereto and marked as ANNEXURE C-6 (Colly).

11. Despite a lapse of 15 (fifteen) days even from the date of receipt of

the Legal Notice by registered A/D and speed post, the Accused has

failed to pay the outstanding amount due and payable to the

Complainant. In the circumstances, the Accused has committed

offences under the Act and is, therefore, liable to be proceeded against

accordingly.

12. Due to the dishonour of the Cheque and non-payment in response to

the Legal Notice, the Accused has committed offences punishable

under Section 138 r/w Section 141 of the Act. The Accused has

deliberately failed to clear the outstanding dues of the Complainant.

13. That the cause of action for filing the present complaint arose when

the Accused failed to make the payment within 15 (fifteen) days of the

receipt of the Legal Notice, which was duly served upon them on

21.02.2023.
14. The present complaint has been filed within the prescribed period of

limitation. The Complainant has not filed any other complaint in respect

of the Cheque before this Hon'ble Court or any other Court.

15. That the Hon'ble Court has jurisdiction to adjudicate upon the present

complaint as the dishonored cheque was presented within the

jurisdiction of this Hon'ble Court.

PRAYER

It is therefore, most respectfully prayed that this Hon'ble Court may

graciously be pleased to:

a. Summon, prosecute and convict the Accused for the offence

committed by them under Section 138 of the Negotiable
Instruments Act, 1881 (as amended from time to time); and
b. Punish the accused party with imprisonment for a term of two
years; and

c. Impose a fine of twice the amount of the subject cheque bearing

no. 001027 issued by the Accused; and
d. Pass such other or further orders as the Hon'ble Court may deem
fit and proper in the facts and circumstances of the case.

THROUGH
CO
*
<p"
'0
o
~ ~ r-
1jf'C' 0
"0 , .~\':;
SHIKHA E
ADVOCATE FOR THE COMPLAINANT,
A-247, GROUND FLOOR & BASEfVlENT,
DEFENCE COLONY, NEW DELHI- 110024
MOB: 7506433495
EMAIL: [email protected]
PLACE: NEW DELHI
DATED: 0--3 .04.2023
 :f-
IN THE COURT OF LD. CHIEF METROPOLITAN MAGISTRATE,
PATIALA HOUSE COURTS, NEW DELHI
CRIMINAL COMPLAINT NO. OF 2023

IN THE MATTER OF:

Mis. ECSO GLOBAL PRIVATE LIMITED ...COIVlPLAINANT
VERSUS
GAJ EN DRA KU MAR .,.ACCUSED

AFFIDAVIT IN SUPPORT

I, Keshav Varshney, Sio K.C. Varshney, aged 47 years and having my office
address at 4th Floor, B-Wing, Statesman House, Barakhamba Road, l\Iew
Delhi - 110 001, do hereby solemnly affirm and state as under:

1. I state that I am authorised representative of the Complainant and

have been duly authorised to affirm and file the present complaint. I
have read and understood the contents of the accompanying
complaint and state that the facts contained therein are true to the
best of my knowledge and belief as derived from the records of the
./~~"" --b{:-J~'"'' case. This complaint has been drawn by my counsel on the
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 IN THE COURT OF LO. CHIEF METROPOLITAN MAGISTRATE,
PATIALA HOUSE COURTS, NEW DELHI
CRIMINAL COrvlPLAINT NO. OF 2023

IN THE MATTER OF:

Mis. ECSO GLOBAL PRIVATE LIMITED ...COMPLAINANT
VERSUS
GAJENDRA KUMAR ...ACCUSED

LIST OF WITNESSES ON BEHALF OF THE COMPLAINANT

1. Mr. Keshav Varshney, Senior IVlanager (Finance & Accounts).

2. Any other witness who may be produced at a latter point of time with

the permission of this Hon'ble Court.

C
THROUGH

SHIKHAR KHARE
ADVOCATE FOR THE COMPLAINANT,
A-247, GROUND FLOOR & BASEMENT,
DEFENCE COLONY, NEW DELHI- 110024
MOB: 7506433495
EIVIAIL: [email protected]
PLACE: NEW DELHI
DATED: ~ .04.2023
 IN THE COURT OF LD. CHIEF METROPOLITAN MAGISTRATE,
PATIALA HOUS': COURTS, NEW DELHI
CRIMINAL COMPLAINT NO. OF 2023

IN THE MATTER OF:

MIs. ECSO GLOBAL PRIVATE LIMITED ...COMPLAINANT
VERSUS
GAJENDRA KUMAR ...ACCUSED

LIST OF DOCUMENTS
S. NO. PARTICULARS PAGE NOS.
1. ANNEXURE C-1: [0
COPY OF THE BOARD RESOLUTION
2. ANNEXURE C-2:
r 1--/2-
COpy OF THE LEDGER
3. ANNEXURE C-3:
ORIGINAL CHEQUE BEARING NO. 001027 L3
DATED 12.01.2023
4. ANNEXURE C-4:
)~
ORIGINAL RETURN MEMO DATED 17.01.2023
.-
5. ANNEXURE C-5:
1<S
COpy OF LEGAL NOTICE DATED 14.02.2022
6. ANNEXURE C-6 (COLLY): J6 .- /g
O i:~~=~
COPIES OF POSTAL RECEIPTS AND DELIVERY
"~~ ~;
REPORT ~~
'; t::, I....: r , .

IW~
CO., ~.
N.
THROUGH :2; -fr
-
SHIKHAR KHARE
ADVOCATE FOR THE COMPLAINANT,
A-247, GROUND FLOOR & BASEMENT,
DEFENCE COLONY, NEW DELHI- 110024
MOB: 7506433495
EMAIL: [email protected]
PLACE: NEW DELHI
DATED: 0--..S, 04. 2023
 ID .' '
ANNEXURE. ~~I "
.. " .. ... . ....

absll,ute -- -' absoiute.ar,

[email protected]
+91 9999617999

CERTIFIED TRUE COpy OF THE RESOLUTION PASSED AT 6'" ~E'I'Th!0 C!.F. :BOAR[) OF
DIRECTORS (''.BOARD'') OF WS. ECSO GLOBAL PRIVATE liMITED (liTHE COMP~") HELD ON
THURSDAY,THE 29 TH DAY OF SEPTEMBER 2022, AT ITS REGISTERED OFFICE SITUATED AT 4TH
fLOOR, ~TATESMANHOUSE, BARAKHAMBA ROAD, CONNAUGHT PLACE, NEWDELHJ~ 110001,
coM!viENCED AT 11 A.M. AND CONCLUDED AT 12;30 P.M. ' "

TO AUTHORIsE ,FORSIGNlNG AND APPEARING ON BEHALF OF THE COMPANY IN THE

PROCEEDINGS BEFORE THE DELm DISTRICT COURT

The Board of Directors has been informed that the Company seeks ~o take legal .action against.dishcnour
of cheques given by certain vendors / third parties. Accordingly, the Board of Directors hiis decided that
the Companyshallbe represented in the proceedings filed on its behalf under section 138 of the.Negotiable
Iristr~ehtS;!Atti,1881 before the Hon'ble Delhi District Courts by and through Mr. Keshav Varshney
' (Senio~;Man~~et~ Finance & Accounts).
, , ,
'
."'=.' ;.:; - " ," I ', ~. < .",: : ;...:.' •.~

RESOLVED TUAT Mr. Keshav Varshney is hereby authorised to represent, appear, plead,lead evidence
and testify onbehalf of the Company before the Delhi District Courts and to sign; verify, institute, file and
present complaints, plaints; written statements, counter claims, memoranduinof'app~.iis;, app~tiOIls,
repIYrrejoind~>~davits, caveats, execution petitions, review petitions, revisiori:petiti6~;1m'd'~ny:otl:ier
ple~ilirig·o~·tori.tpromise/settlement in connection with the same. " , ' ,; : : '. . ' , ' ; :
• .:. ~ . , ". " ' '' ' . :' :' ;;-, , . . , : t. .

:RES:OLVEI>'FuRTHER THAT Mr. Keshav Varshney is hereby further authorised to nominate, appoint
and, engage lawyers, and pleaders, give instructions, sign and file Vakalatnama, to withdraw or
comproniisesuits; complaints, applications and do all acts necessary for and on'beha1fci~:the"<:0mpany to
effectively representthe Company in the said matter."

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 Lines Selected for: ANNEXURE c ~ 2-
ECSO GLOBAL PRIVATE LIMITED
4 Floor , B Wing ,
Statesman House , Barakhamba Road ; II
New Delhi
CIN: U51909DL2016PTC301380

Jai Mata Di Fruit-Gajendra kumar_24607

Ledger Account
S-1 Bazar Smiti , Ahiyapur, Mujjafarpur

1-Apr-21 to 31 -Mar-23

- - -- - _ . _._-- ~- -- ~ - - --- -- -- - . _- - - - Pag~ ~

Date Particulars Vch Type Vch No. Debit Credit

15-Mar-22 CrSALE Sales Ecso/21-22/7226 1,88,665.00

24-Mar-22 Dr Indusind Bank- 259711821394 Receipt 6654 1,00,000.00
28-Mar-22 Cr SALE Sales Ecso/21-2217685 1,95,965.00
30-Mar-22 Dr Indusind Bank- 259711821394 Receipt 6931 85,000.00

3,84,630.00 1,85,000.00
Dr Closing Balance 1,99,630.00
3,84,630.00 3,84,630.00

1-Apr-22 Cr Opening Balance 1,99,630.00

5-Apr-22 Dr Indusind Bank- 259711821394 Receipt 134 1,00,000.00
6-Apr-22 Cr SALE Sales ECSO/22-23/100 3,14,220.00
10-Apr-22 Cr SALE Sales ECSO/22-23/221 2,39,400.00
11-Apr-22 Dr Indusind Bank- 259711821394 Receipt 284 3,00,000.00
13-Apr-22 Dr Indusind Bank- 259711821394 Receipt 361 1,10,912.00
Cr SALE Sales ECSO/22-23/286 3,17,047 .50
Cr SALE Sales ECSO/22-23/287 3,45,897.50
16-Apr-22 Dr Indusind Bank- 259711821394 Receipt 437 3,00,000.00
18-Apr-22 Cr SALE Sales ECSO/22-23/397 1,96,350.00
Dr Indusind Bank- 259711821394 Receipt 519 2,00,000.00
20-Apr-22 Cr SALE Sales ECSO/22-23/488 2,72,304.00
21-Apr-22 Dr Indusind Bank- 259711821394 Receipt 687 4,00,000.00
22-Apr-22 Cr SALE Sales ECSO/22-23/538 3,62,440.00
25-Apr-22 Dr Indusind Bank- 259711821394 Receipt 812 2,25 ,623.00
29-Apr-22 Dr Indusind Bank- 259711821394 Receipt 1017 1,00,000.00
1-May-22 Cr SALE Sales ECSO/22-23/798 2,37,500.00
Cr SALE Sales ECSO/22-23/806 1,73,922.00
2-May-22 Dr Indusind Bank- 259711821394 Receipt 1096 1,00,000.00
6-May-22 Dr Indusind Bank- 259711821394 Receipt 1194 1,00,000.00
16-May-22 Dr Indusind Bank- 259711821394 Receipt 1370 1,00,000.00
18-May-22 Cr SALE Sales ECSO/22-23/1179 3,14,966.25
25-May-22 Dr Indusind Bank- 259711821394 Receipt 1573 1,00,000.00
10-Jun-22 Dr Indusind Bank- 259711821394 Receipt 1986 1,00,000.00
27-Jun-22 Dr Indusind Bank- 259711821394 Receipt 2174 1,00,000.00
22-Jul-22 Dr Indusind Bank- 259711821394 Receipt 2455 1,00,000.00
10-Aug-22 Dr Indusind Bank- 259711821394 Receipt 2768 1,00,000.00
19-5ep-22 Dr Indusind Bank- 259711821394 Receipt 3627 1,00,000.00
21-0ct-22 CrSALE Sales ECSO/22-23/2435 11,85,214.00
4-Nov-22 Dr Idfc -10072500108 Receipt 4636 2,00 ,000.00
Carr ied Over 41 ,58,891.25 28,36,535.00
- _ . _ - _ . _ ~ -

continued ...
 /2-
ECSO GLOBAL PRIVATE LIMITED
Jai Mata Di Fruit-GateD9ra kumar 24607 __ _ Pag ~_
Date Particulars Debit Credit

Brought Forward 41,58,891.25 28,36,535.00

11-Nov-22 Dr Idfc -10072500108 Receipt 4781 1.00

13-Nov-22 Dr Idfc -10072500108 Receipt 4801 50,000.00
Dr Idfc -10072500108 Receipt 4802 50,000,00
24-Nov-22 Dr Idfc -10072500108 Receipt 4998 50,000.00
6-Dec-22 Dr Idfc-10072500108 Receipt 5167 50,000.00
17-Dec-22 Dr Idfc -10072500108 Receipt 5321 50,000,00
16-Jan-23 Dr Idfc -10072500108 Receipt 5781 50,000.00
17-Jan-23 Dr Indusind Bank- 259711821394 Receipt 5784 10,00,000.00
Cr Indusind Bank- 259711821394 Payment 11741 10,00,000.00

51,58,891.25 41,36,536.00
Dr Closing Balance 10,22,355.25
51,58,891.25 51,58,891.25
 /3
ANNEXURE C'-3

!CC8Ba nk Ale PAYEE

Zeromile, Muzaffarpur Branch
Charu gankaki. Akharaghat Road, Zeromile, Muzaffarpur,Bihar, Pin - 842002
RTGS I NEFT IIFS Code: ICICOOOJJ45

~CSQ . ~ Lo G A L .PVT OR ORDER

en
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m
>-
Rupees
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/00 OOOO{ I'
334505002277
;i.;

-q':f~~ ~ ~"
lor GAJENDRA KUMAR
Plea o:i Gsign above

III 0 0 ~ 0 2 ? III a L. 2 2 29 DOL. I: 0 0 2 2 ? ? IIi 29

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Return Memo Outward Clearing.(CTS)

Indu slnd Bank Ltd

First Floor, 2E/1 ,
Jhandelwa lan Extension,
New Delh i 110055

Return Dat e 17/01/2023

Cheque Presenting Date 16/01/2023

Cheque No 001027

Amount 1000000 .00

Ret urn Reason Funds insufficient

Return By ICICI BANK LI MITED

Ban k Number 842229004

This is a com puter generated advic e - does not require signatu re.
 /5 - ANNEXUP~ C-3

A-247, Ground Floor & Basement,

SHIKHAR KHARE Defence Colony, New De/hi - 110024
Advocate M.: 7506433495
Supreme Court of India & High Court of Delhi E: [email protected]

14.02.2023

Speed Post! Regd. AD

To Also at:
Gajendra Kumar Gajendra Kumar
Clo Jai Mata Di Fruits Clo Jai Mata Di Fruits
Sio Ram Lalit Thakur, Shop No. I, Bazar Samiti,
Ahiyapur, Muzaffarpur, Bihar - 843 321
Rio Dhanaur, Muzaffarpur,
Bihar - 843 321

Re: Legal Notice under Section 138 of the Negotiable Instruments Act, 1881

I am concerned for my client Mis. ECSO Global Private Limited ('My Client'), which has instructed me to state
as under:

I. My client states that it had supplied you produce (i.e. fruits and vegetable) at the agreed terms, which supply
has been accepted by you without any demur or protest.

2. Against the said supply, you had agreed to pay to My Client a sum of Rs. 10,00 ,0001- (Rupees Ten Lakhs
Only) . Accordingly, you had handed over to My Client the cheque being Cheque No. 001027 dated
12.01 .2023 drawn on lClCl Bank, Muzaffarpur Branch for a sum of Rs. 10,00,0001. ('the Cheque').

3. My Client states that it presented the Cheque for payment on 16.01.2023. However, on 17.01.2023, the
Cheque was returned as dishonoured due to insufficient funds. You have ignored the various requests made
by My Client for clearing the aforesaid outstanding payment, which you have deliberately ignored. My
Client states that it is apparent that you never had any intention of paying the consideration for the produce
received by you and have misled My Client.

4. In view of all that is stated hereinabove, My Client calls upon you to forthwith and, in any event, not later
than 15 days from the receipt of this notice, pay to My Client the sum of Rs. 10,00,0001- (Rupees Ten
Lakhs only). In the event that you fail to make payment as required within the stipulated period, My Client
shall be constrained to initiate civil and/or criminal proceedings, including but not limited to proceedings
under the provisions of Negotiable Instrument Act, 1881, against you in the competent court of law and the
risk and costs of the same shall entirely be your liability .

5. A copy of this notice is retained in my office for further use.

Regards
~l;~~
Shikhar Khare
Advocate
 Ib
ANNEXURE C~ { {} Dt,l0

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 J9
IN THE COURT OF LD. CHIEF METROPOLITAN MAGISTRATE,
PATIALA HOUSE COURTS, NEW DELHI
CRIMINAL COMPLAINT NO. OF 2023

IN THE MATTER OF:

Mis. ECSO GLOBAL PRIVATE UMITED ...COrvIPLAINANT
VERSUS
GAJENDRA KUMAR ...ACCUSED

AFFIDAVIT BY WAY OF PRE-SUMMONING EVIDENCE

I, Keshav Varshney, 5/0 5/0 K.C. Varshney, aged 47 years and having my

office address at 4th Floor, B-Wing, Statesman House, Barakhamba Road,

New Delhi - 110 001, do hereby solemnly affirm and state as under:

1. I am the authorised representative of the Complainant and as such

I am fully conversant with the facts and circumstances of the case.

I am competent to swear this affidavit. I therefore say that this

evidence tendered by me is based on my personal knowledge and

the knowledge derived from the records maintained by the

Complainant. I am competent to inter alia institute, plead,

Annexure-C-l is marked as EXHIBIT CW-l/1.

 2. I say that the Accused is engaged in the trade of fruits and

vegetables. The Accused resides and carries on his profession at

the address mentioned in the memo of parties.

3. I say that based on the assurances given by the Accused that he

will make timely payment, the Complainant supplied fruits and

vegetables (viz. Produce) at the agreed terms to the Accused from

time to time. The sales were made and payment were received on

a running account basis. The Produce so supplied was duly

accepted by the Accused without any protest or demur.

4. As per the ledger maintained by the Complainant, for the supplies

made to the Accused till date, there is a sum of Rs. 10,22,355.25/-

due and payable to the Complainant. A copy of the ledger statement

in respect of the Accused, which has been annexed with the

complaint as Annexure-C-2, is marked as Exhibit CW-1/2.

5. Against the aforesaid supply, the Accused had to inter alia clear

,.~.'\'·'· ~::,(f~-'·''-' ', the outstanding dues of Rs. 10,00,000/- (Rupees Ten Lakh Rupees
. ..•• \' ,~ ",~ .,.)o \. ::- '\..
. ,; ".';0. ...."' .. ~ • ••~ "'-

:<~~:,)/,~,·~~p.6" " i~"'''''''''\''Yz \Only) payable to the Complainant. Towards the same, the Accused
I
!
,\ ~
" .~
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ed over to the Complainant a cheque being Cheque No.
'\ -! ; ,~ . ,'<) .;'./.• • •~,' / .~ ~.
\~,,~\, ':~" 6/' IlJ\~%..
\. \s,'[' ~I ... ... ... ,, -
'/>""'/ ..001027
"fl l,
dated 12.01.2023 drawn on ICICI Bank, Zeromile,
\ >:" ~'\".. -Qj-~ v: ~~I\~ .I
\. ' "'"""'-. . !':':';f. ' .'

,-,"-,.« ~ . . ~~~~,<.>.~//
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Muzzafarpur Branch for a sum of Rs. 10,00,000/- Cthe Cheque').
 6. The Cheque was presented for payment within the period of three

months as mandated by the Reserve Bank of India. The Complainant

presented the Cheque for payment on 16.01.2023. However, to the

utter shock and despair of the Complainant, the Cheque was

dishonoured due to insufficient funds and returned on 17.01.2023.

The Return Memo issued to the Complainant by the bank makes this

position clear.

7. I say that the original Cheque (bearing No. 001027 dated

12.01.2023) issued by the Accused to the Complainant, which has

been annexed as Annexure C-3 to the Complaint, is marked as

EXHIBIT CW-l/3. I say that the original Return Memo issued by

the Bank in respect of the Cheque, which has been annexed as

Annexure C-4 to the Complaint, is marked as EXHIBIT CW-l/4.

9. I say that upon the Cheque being dishonoured, the Complainant

had called upon the Accused to clear the outstanding liability of

Rs. 10,00,000/-. Despite repeated reminders, the Accused failed

to clear the outstanding dues. Even though the Accused has all
 along admitted his liability to pay the said amount, yet the Accused

has failed to remit the payment till date.

10. Aggrieved by the above, the Complainant was constrained to issue

a legal notice under Section 138 of the Negotiable Instruments Act,

1881 ('the Act') to the Accused on 14.02.2023 ('Legal Notice').

The Legal Notice was issued within the statutory period of 30 days

stipulated under Section 138(b) of the Act. The Legal Notice was

served upon the Accused via registered post on 21.02.2023. I say

that a copy of the Legal Notice issued to the Accused, which has

been marked as Annexure C-5 to the Complaint, is marked as

EXHIBIT CW-l/S. I say that copies of speed post receipt and

delivery report, which has been annexed as Annexure C-6 (Colly)

to the Complaint, is marked as EXHIBIT CW-l/6 (COLLY).

11. I say that despite a lapse of 15 (fifteen) days even from the date
 12. Due to the dishonour of the Cheque and non-payment in response

to the Legal Notice, the Accused has committed offences

punishable under Section 138 r/w Section 141 of the Act. The

Accused has deliberately failed to clear the outstanding dues of the

Complainant.

13. I say that the cause of action for filing the present complaint arose

when the Accused failed to make the payment within 15 (fifteen)

days of the receipt of the Legal Notice, which was duly served upon

them on 21.02.2023.

14. I say that the present complaint has been filed within the

prescribed period of limitation. The Complainant has not filed any

other complaint in respect of the Cheque before this Hon'ble Court

or any other Court.

•.P
"""" """''''~-"'""'''>,
~,
15.
}..f' ~
I say that this Hon'ble Court has jurisdiction to adjudicate upon the
r>.
."-;;1" I~' (("

/"-~ /-~J(y"
/o-., / ,/~S~:,) '-,0
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~ "'-.~•••,: " ~\'p resen t complaint as the dishonored cheque was presented within
':.? to ,- ', ~ r,;>~
I __.'
Jt;!,,:.r'
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Co"; .:::: \
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Is.~,... ( ~ .~ ~ci §f ~~ ~ \ ~~r.~he jurisdiction of this Hon'ble Court.

\(}\.
\\
, !~:~ .;;,·M~ (j/~, ~r
4~')'~.~ u..:. f"~ - . ~~~~/I
\.,: ~~--~=-,:r~( I say that the accompanying Complaint is correct.
'·--~ ._5;~:-'':;~:/_
VERIFICATION

Verified at New Delhi on this the __ day of April, 2023 that the

f :2Vf:; t:· e ,~;·; ;':.:::-::-':; Lc.. :':'~ ~'~ : :r ; ~~ ;;'!'>:l .: .::': : : . : :": .~:.. ;
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,Jj
NO~
 · ,.-

IN "rHE COURT OF LD. CHIEF METROPOLITAN MAGISTRATE,

PATIALA HOUSE COURTS, NEW DELHI
CRIMINAL COrvlPLAINT NO. OF 2023

IN THE MATTER OF:

Mis. ECSO GLOBAL PRIVATE LIMrrED ...COMPLAINANT
VERSUS
GAJENDRA KUMAR ...ACCUSED

APPLICATION UNDER SECTION 143A OF THE NEGOTIABLE

INSTRUMENTS ACT, 1881 (AS AMENDED FROM TIME TO TIME)

MOST RESPECTFULLY SHOWETH:

1. The Complainant - ECSO Global Private Limited, has filed the

accompanying complaint under Section 138 read with Section 141 of

the Negotiable Instruments Act, 1881 in the facts & circumstances and

grounds set out more particularly in the said complaint. The

Complainant submits that the said complaint be read as a part and

parcel of the present application and the Complainant craves leave to

refer to and rely upon the said complaint as and when necessary.

2. In brief, the Complainant had supplied fruits and vegetables (viz.

Produce) at the agreed terms to the Accused from time to time. The

sales were made and payment were received on a running account

~~,
~i < 5
NCT OF DELHI COURT FEE
DLCT0312636D2350K
03-APR-2023

1111/1111111111/111111111111111111/1111111111111111111111/
.) ')
 basis. The Produce so supplied was duly accepted by the Accused

without any protest or demur.

3. Against the aforesaid supply, the Accused had to inter alia clear the

outstanding dues of Rs. 10,00,000 /- (Rupees Ten Lakh Only) payable

to the Complainant. Towards the same, the Accused handed over to

the Complainant a cheque being Cheque No. 001027 dated 12.01.2023

drawn ICICI Bank, Zeromile, Muzafarpur Branch for a sum of Rs.

10,00,000/- Cthe Cheque').

4. The Cheque was presented for payment within the period of three

months as mandated by the Reserve Bank of India. The Complainant

first presented the Cheque for payment on 16.01.2023. However, to

the utter shock and despair of the Complainant, the Cheque was

dishonoured due to insufficient funds and returned on 17.01.2023. The

Return Memo issued to the Complainant by the bank makes this

position clear.

5. Upon the Cheque being dishonoured, the Complainant had called upon

the Accused to clear the outstanding liability of Rs. 10,00,000/-.

Despite repeated reminders, the Accused failed to clear the

outstanding dues. Aggrieved by the above, the Complainant was

constrained to issue a legal notice under Section 138 of the Negotiable

 Instruments Act, 1881 ('the Act') to the Accused on 14.02.2023

('Legal Notice').

6. Despite a lapse of 15 (fifteen) days even from the date of receipt of

the Legal Notice by registered A/D and speed post, the Accused has

failed to pay the outstanding amount due and payable to the

Complainant. In the circumstances, the Complainant has filed the

accompanying complaint.

I, .In the backdrop of the above, it is admittedly clear that the Accused

has to pay the sum of Rs. 10,00,000/- to the Complainant. The Accused

has deliberately dishonoured the Cheque. The intention of not repaying

the admitted amount to the Complainant is absolutely clear.

8. As a result of the above, the Complainant is suffering financial losses

on a daily basis, and therefore, on this ground the Complainant submits

that the present case is a fit case for grant of interim compensation

under Section 143A pending the conclusion of the trial.

9. The Complainant submits that it has a prima facie case and the balance

of convenience is in its favour. In the event the interim compensation

is not paid to the Complainant, the Complainant is bound to suffer

financial implications on a regular basis. However, the Accused will not

suffer any such implication if the interim compensation is granted.

10. In view of all that is stated hereinabove/ the Complainant submits that

this Hon'ble Court be pleased to:

a. Direct the Accused to pay to the Complainant interim

compensation in terms of Section 143A of the Negotiable
Instruments Act/ 1881;

b. Pass such other or further order that this Hon'ble ~inay

deem fit.

THROUGH

SHIKHAR KHARE
ADVOCATE FOR THE COMPLAINANT/
A-247/ GROUND FLOOR & BASEMENT/
DEFENCE COLONY/ NEW DELHI- 110024
MOB: 7506433495
EMAIL: [email protected]
PLACE: NEW DELHI
DATED:OJ .04.2023
 IN THE COURT OF LD. CHIEF METROPOLITAN MAGISTRATE,
PATIALA, NEW DELHI
CRIMINAL COMPLAINT NO. OF 2023

IN THE MATTER OF:

Mis. ECSO GLOBAL PRIVATE UMITED ...COMPLAINANT
VERSUS
GAJENDRA KUMAR ...ACCUSED

AFFIDAVIT IN SUPPORT

I, Keshav Varshney, Sio KC Varshney, aged 47 years and having my office

address at 4th Floor, B-Wing, Statesman House, Barakhamba Road, New
Delhi - 110 001, do hereby solemnly affirm and state as under:

1. I state that I am authorised representative of the Complainant and

have been duly authorised to affirm and file the present complaint.
I have read and understood the contents of the accompanying
application and state that the facts contained therein are true to
the best of my knowledge and belief as derived from the records of
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has been drawn by my counsel on instruction

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VBRfFICATION:
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 IN THE COURT OF LD. CHIEF METROPOLITAN MAGISTRA·rE,
PATIALA HOUSE COURTS, NEW DELHI
CRIMINAL COMPLAINT NO. OF 2023

IN THE MATrER OF:

Mis. ECSO GLOBAL PRIVATE LIMITED ...COfYIPLAINANT
VERSUS
GAJ EN DRA KU MAR ...ACCUSED

VAKALA"rNAMA

KNOW ALL to whom these presents shall come that we, ECSO Global Pvt. Ltd.,
having our registered office at 4th Floor, B-Wing, Statesman Building,
Barakhamba Road, l\Iew Delhi, the Complainant in the above-mentioned matter
do hereby appoint: Mr. Shikhar Khare, Advocate and Mr. Shahzeb Ahmed,
Advocate at A-247, Ground Floor and Basement, Defence Colony, New
Delhi - 110 024 (hereinafter called Advocates), to be our Advocate(s) in the
above noted case and authorize them:

1. To act, appear and plead in the above-noted case in this Court or in any
Court in which the same be tried or heard and also in the appellate Courts
subject to payment of fees separately for each Court by me/us.
2. To sign, verify and present pleadings, replications, appeals, Cross-
objections, or petitions for execution, review, revision, restorations or
affidavits or other documents as may be deemed necessary or proper for
the prosecution of said case in all its stages.
3. To file and take back documents.
4. To mediate, withdraw, or compromise the said case or submit to
arbitration any differences or disputes that may arise touching or in any
manner relating to the said case.
5. To take out execution proceedings.
6. To deposit, draw and receive moneys, cheques and grant receipts thereof
or/and to do all other acts and things which may be necessary to be done
for the progress and in the course of prosecution of the said case.
7. To appoint, instruct any other legal practitioner authorizing him to exercise
the power and authorities hereby conferred upon the Advocate whenever
he may think fit to do so and sign the power of attorney on my/our behalf.
8. And I/We the undersigned do hereby agree to ratify and confirm act as if
done by the Advocate or his substitute in the matter as my/our own acts,
as if done by me/us to contents and purposes.