IN THE COURT OF II ADDL J F C M

C C No

255

of 2007

Between:
Bank of Baroda
Represented by its
Senior Branch Manager,

... Complainant

And
Krovvidi Khader Valli Saheb

... Accused

CHIEF AFFIDAVIT FILED BY

BEHALF OF THE COMPLAINANT

AS PW1 ON

I, ____________________ , S/o _______________,

aged ___________
years, resident ________, do
solemnly affirm and state as follows:

Hindu,
hereby

1. I am working as ________________ in the office of the

plaintiff and I know the facts of the case.
2. The accused approached the complainant for granting a
term loan.

The accused gave the application dated 08-

12-2005, furnishing the particulars as required by the

plaintiff.

It is Ex P1.

3. The accused also offered to furnish personal guarantee of

the Irugula Vijaya Santha Ratna Kumari.

4. Thereafter, on the same dated i.e., on 10-12-2005, the

accused executed an on demand promissory note for Rs
55,000-00

agreeing

inter-alia

to

repay

the

same

together with interest at 12% per annum, with monthly

rests plus interest tax.

The demand promissory note

executed by the first defendant is Ex P2.

5. The accused also executed the letter of installment with
acceleration clause and it is Ex P3.

6. The accused also executed the draft undertaking in favour

of the complainant Ex P4.
7. The accused also furnished guarantee from Irugula

Vijaya

Santha Ratna Kumari the General form of guarantee in

favour

of

the

Complainant

and

it

is

Ex

P5.
8. As per the terms and conditions of the loan, the accused
has to repay the amount borrowed in 48 equated monthly
installments

of

Rs

1,448-00

starting

from

January,

2006.
9. That when the complainant finally demanded for repayment,
the accused gave a cheques for Rs 4,082-00 in order to
clear

the

overdue

amount,

drawn

on

Andhra

Bank,

bearing No 487152 and it is Ex P6.

10. The

complaint

utter

presented

surprise

returned

for

of

want

the
of

it

for

collection,

complainant
sufficient

the

funds

endorsement given the Andhra Bank,.

to

the

cheque

was

as

per

the

The endorsement

is Ex P7.
11. Inspite of the demands, the accused was irregular in
repayment

of

the

monthly

installments.

The

complainant got issued a registered letters 28-12-2006

to

the

defendants

calling

upon

them

to

repay

the

entire amounts due together with interest and costs.

The office copy of the registered letters is Ex P8.
12. The accused received the registered letter and failed
to pay any of the amount.

The postal acknowledgments

of the registered letters is Ex P9 and P10.

13. The

accused

gave

the

cheque

dated

29-11-2006

aware that there were no funds in her account.

fully
Thus,

the accused is guilty of an offence punishable under

sections 138A and 142 of the Negotiable Instruments
Act.
14. The complainant therefore pray that your Honourable
Court may be pleased to convict the accused as per
law.

Deponent
Solemnly affirmed before me the contents of the affidavit
having been read over and explained to the deponent who
perfectly understood the same and signed in my presence on
this
day of
2011 at
Attesting Officer
LIST OF DOCUMENTS TO BE MARKED
S No

Date

9.

03-01-2007

Particulars Of
Document
Loan Application given
by the accused
Demand promissory note
executed
by
the
accused
Letter of Installment
and
acceleration
clause
Draft Undertaking
General
Form
of
Guarantee
Cheque given by the
accused
Endorsement given by
Andhra Bank
Registered
letters
issued
by
the
complainant
Postal acknowledgment

1.

08-12-2005

2.

10-12-2005

3.

10-12-2005

10.

02-01-2007

Postal acknowledgment

4.
5.

10-12-2005
29-11-2005

6.

29-11-2006

7.

01-12-2006

8.

28-12-2006

Exhibit
Ex P1
Ex P2
Ex P3
Ex P4
Ex P5
Ex P6
Ex P7
Ex P8
Ex P9
Ex P10

Date:

Advocate for Plaintiff