Draft of Criminal Complaint under Section 200 & 156(3)

Criminal Procedure Code

May 19, 2022

CriminalDrafting
May 19, 2022209 By Avinash Nandan Sharma

IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE, SAKET COURTS, NEW

Complaint Case No.________of 2022

IN THE MATTER OF:

Mr. Mohammad & Anr. …..Complainants

VERSUS

Mr. Kurban & Anr. ..…Accused

INDEX

S.NO. Particulars Pages C.

1. Memo of Parties

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 2. Complaint U/s 156(3) & 200, Cr.P.C. alongwith affidavits in
support

3. List of witnesses

4. List of Documents along with documents

8. Vakalatnama

Filed By

Avinash N. Sharma

Advocate

Chamber No. 671, Patiala House Courts,

New Delh-110001. Mob. 8800794128

New Delhi

Dated: 23.05.2022

IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE, SAKET COURTS, NEW

Complaint Case No.________of 2022

IN THE MATTER OF:

Mr. Mohammad & Anr. …..Complainants

VERSUS

Mr. Kurban & Anr. ..…Accused

MEMO OF PARTIES
1. Mohammad

S/o Sh. S. Khan

2. Tabassum

W/o Mr. Mohammad

Both R/o House no.,

Mehrauli, New Delhi ……. Complainants

VERSUS

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 1. Kurban Mallik

S/o Sh. shamsher

Both R/o H. No.6, New Delhi

ALSO AT

Office- H.No. ,

New Delhi.

Permanent R/o

Village Sultan Nagar,

Post- , Dist. Meerut, U.P

2. Israr

S/o Sh. Sharif

R/o Vill. AB Tehsil-Mawana,

Post-Mawana, Distt- Meerut, U.P.-250401

Filed By

Avinash N. Sharma

Advocate

Chamber No. 671, Patiala House Courts,

New Delh-110001. Mob. 8800794128

New Delhi

Dated: 23.05.2022

IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE, SAKET COURTS, NEW

Complaint Case No.________of 2022

IN THE MATTER OF:

1. Mohammad

S/o Sh. AB

2. Asgari

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W/o Mr. Mohammad

Both R/o XY, New Delhi ……. Complainants

VERSUS

1. Kurban

S/o Sh. AB

Both R/o H. No. ZY, New Delhi

ALSO AT

Office- XL,

New Delhi.

Permanent R/o

Village Jasad Sultan Nagar,

Post- Sarurpur, Dist. Meerut, U.P.

2. Israr

S/o Sh. Sharif

R/o Vill. Bhav, Tehsil-Mawana,

Post-Mawana, Distt- Meerut,

U.P.-250401 ……Accused

P.S. MEHRAULI

COMPLAINT UNDER SECTIONS 156(3) AND 200 OF CRIMINAL

MOST RESPECTFULLY SHOWETH:-

1. That the complainants are husband and wife and the complainant no. 1 is a
labourer doing the work of furniture and the complainant No.2 is a house wife. The
ID Proof of the complainants are annexed herewith as ANNEXURE-A & B.

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2. That the accused persons are running business of property dealer and builder in
partnership, and during their business , they offered the complainant to sell a flat on
3rd floor, measuring 40 sq. yards, consisting one bedroom, one drawing room, one
toilet, one kitchen, one balcony, one scooter parking at ground floor, built on
Property no.1091,Ward No.1, Khasra n. X, New Delhi and agreed to sell the said flat
for total sale consideration of Rs. 13,00,000/- and the said sale consideration
amount was to be paid by the complainants in installments.
3. That as per agreement, the complainant paid a sum of Rs.2,00,000/- in cash on the
day of agreement dated 13.01.2021 and further paid Rs.3,00,000/- in three
installments, first installment paid on 29.01.2021, second on 02.02.2021 and third
one 09.02.2021. The accused no.1 acknowledged the above said amount by
issuing receipts duly signed and the accused no.2 witnesses one of the receipts.
4. That the complainant no.1 was willing to purchase the said flat in the name of the
complainant no.2 who is his wife in love and affection, that is why he got his wife
enter into the above said agreement with the accused No.1, therefore, the
complainant no.2 signed the agreements and incidental documents thereto and the
same were also signed by the accused no.1, and the accused no.2 witnessed the
same. Copies of Agreement to sale, payment receipts and other documents
regarding the sale of the above said flat are annexed herewith as ANNEXURE-C
(COLLY).
5. That at the time of execution of agreement, the accused persons said that they
were working together as partners and assured the complainants that the accused
no.2 is having share in the abovesaid property and going to construct flats on the
abovesaid property and , thus the accused persons took money from the
complainants on the inducement of selling the above said flat to the complainants.
That the accused persons also assured the complainants that they shall complete
the construction and hand over the flat booked by the complainant to them on or
before 31.03.2022. Remaining balance amount was agreed to be paid by the
complainants to the accused persons at the time of registration of the sale deed
with respect to the flat booked by the complainants.
6. That the accused persons are very clever that they , after making agreement with
the complainant and taking part payment of Rs. 5,00,000/- (Five Lacs only) showed
their true colour and said to the complainant that they (accused persons) are unable
to construct the said flat as the abovesaid property, on which they were going to
construct flats, does not belong to them, the same belongs to DDA. That the
complainants later on came to know that said land is on the name of one Rajiya
Begum.

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 7. That the accused persons avoided the complainants on one pretext and other but
on the persistent requests by the complainant, the accused no.2 issued two
cheques bearing No. 439215 dated13.04.2021 and cheque No. 439214 dated
15.04.2021 of Rs. 1,00,000/- each both drawn on Dena Bank, 181- A, Khirki Extn.,
New Delhi in favour of the complainant No.1 and assured the complainants that
they would surely be honoured on their presentation. But in furtherance of their
common malafide and dishonest intention to cheat the complainants, the accused
no.2 in conspiracy with the accused no.1, issued the abovesaid cheques without
maintaining sufficient balance in his account. The copies of abovesaid cheques are
annexed herewith as ANNEXURE-D-1 & D-2.
8. That the complainant No.1 presented the above said cheques with his banker i.e.
State Bank of India, Sultanpur (Branch), New Delhi for encashment, but the same
were dishonoured with the remarks “Insufficient Funds” on 16.04.2021 and
18.04.2021 respectively. The cheque returning memos dated 25.04.2021 and
22.04.2021 are annexed herewith as ANNEXURE-E-1 &E-2
9. That That as soon as the complainant No.1 received the cheques dishonoured
memos, then he immediately contacted the accused persons but they again
assured the complainant that they (accused persons) are going to arrange money
and now the said cheques would be honoured positively. As per the instructions of
the accused persons, the complainant again presented the said cheques in his
banker on 15.05.2021 for encashment, but both the cheques again dishonoured
with the remarks “Funds Insufficient” on 20.05.2021 and 22.05.2021 respectively.
The cheque returning memos dated 24.05.2021 and 26.05.2021 are annexed
herewith as ANNEXURE-F-1 & F-2
10. That the complainants have also filed a complaint case U/s 138 of NI Act pertaining
to the two cheques of total amount of Rs.2 Lacs which is pending before the
Hon’ble Court of Nipun Kumar , MM, Saket Courts, New Delhi
11. It is pertinent to mention here that the complainants had sold their house at E-3,
Shri Ram Colony, Delhi-110094 to collect the amount of 5,00,000/- paid to the
accused. The electricity Bill of that address and the Bank Statement of Complainant
No.1 of SBI, Mehrauli, Delhi showing the transactions of money after the sale of
previous house, is annexed herewith as ANNEXURE-G (Colly)
12. That it is a clear cut case of cheating, fraud and forgery by making false and forged
agreement to sale the flat/land of DDA by the accused persons and inducing the
complainant to deliver money to the accused on this forged presentation.
13. That the accused persons coming from influential class of builders have been
threatening the complainants to implicate in false and frivolous case and to kill
them if they raise their voice by making any complaint to police or court. The
accused persons have proclaimed that police, thana and court can do nothing
against them. A Criminal Complaint dated 22.12.2021 stating the entire matter of
cheating and fraud, was given to the SHO, P.S. Mehrauli, New Delhi and Dy.
Commissioner of Police, (South) Haus Khas, New Delhi. The copy of Police
Complaints dated 22.12.2021 is annexed herewith as ANNEXURE-H (Colly).

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 14. That the police did not take any action in the matter because of the reasons best
known to them. However, the complainant No.1 had given Letter of Reminder of the
Complainant on 01.02.2022 to the Joint Commissioner of Police /SWR, at Police
Head Quarters, I.P. Estate, I.T.O. Delhi. Copy of the Reminder is annexed herewith
as ANNEXURE-I
15. That entire family of the complainants are shocked and under mental stress facing
the present situation and the father of the complainant even expired due to pressure
, stress and threat given by the accused persons on 26.02.2022. The death
certificate is annexed herewith as ANNEXURE-J
16. That the accused have committed the offence U/s 420, 467,468 and 471 along with
506 of IPC within the jurisdiction of this Hon’ble Court.
17. That the case has been filed within the period of limitation and on proper stamps.
18. That applicants submit that in the given facts and circumstances, the applicants
being a victim of cheating and fraud and criminal intimidation is left with no
alternative but to approach this Hon’ble Court for justice as the police have failed to
act in the matter of complaints.

PRAYER

It is, therefore, most respectfully prayed that the adequate action be taken in the interest
of justice. And the accused persons be tried and punished according to law.

Complainant No.1 & 2

Through

Avinash N. Sharma

Advocate

Chamber No. 671, Patiala House Courts,

New Delh-110001. Mob. 8800794128

New Delhi

Dated: 23.05.2022

IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE, SAKET COURTS,

Complaint Case No.________of 2022

IN THE MATTER OF:

Mr. Mohammad & Anr. …..Complainants

VERSUS

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Mr. Kurban & Anr. ..…Accused

AFFIDAVIT
I, Mohammad, aged about 33 years S/o Sh. AB, R/o T-4 , New Delhi do here by
solemnly affirm and declare as under:-

1. That I am the complainant No.1 in the said complaint and am well conversant with
the facts and circumstances of the case and am competent to swear this affidavit.
2. That accompanying complaint U/s 156(3) and 200, Cr.P.C. has been drafted by my
counsel under my instructions and contents of the same have been explained to me
in vernacular and understood by me and the same are not being repeated herein for
the same of brevity and may be read as part and parcel of this affidavit.
3. This is my true and correct statement.

DEPONENT

VERIFICATION

Verified at New Delhi on this day of 23rd May, 2022 , that the contents of my above
affidavit are true and correct to the best of my knowledge and belief and nothing material
has been concealed therefrom

DEPONENT

IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE, SAKET COURTS, NEW

Complaint Case No.________of 2022

IN THE MATTER OF:

Mr. Mohammad & Anr. …..Complainants

VERSUS

Mr. Kurban & Anr. ..…Accused

AFFIDAVIT

I, Asgari, aged about 31W/o Sh. Mr. Mohammad, R/o T-4, New Delhi do here by
solemnly affirm and declare as under:-

1. That I am the complainant No.2 in the said complaint and am well conversant with
the facts and circumstances of the case and am competent to swear this affidavit.
2. That accompanying complaint U/s 156(3) and 200, Cr.P.C. has been drafted by my
counsel under my instructions and contents of the same have been explained to me
in vernacular and understood by me and the same are not being repeated herein for
the same of brevity and may be read as part and parcel of this affidavit.

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 3. This is my true and correct statement.

DEPONENT

VERIFICATION

Verified at New Delhi on this day of 23rd May, 2022 , that the contents of my above
affidavit are true and correct to the best of my knowledge and belief and nothing material
has been concealed therefrom

DEPONENT

IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE, SAKET COURTS, NEW

Complaint Case No.________of 2022

IN THE MATTER OF:

Mr. Mohammad & Anr. …..Complainants

VERSUS

Mr. Kurban & Anr. ..…Accused

LIST OF DOCUMENTS

1. ANNEXURE –A & B

ID Proof of the Complainants

2. ANNEXURE –C (Colly)

Copies of Agreement to sale, payment receipts and other documents regarding the sale
of the flat

3. ANNEXURE –D-1 & D-2

The copy of two cheques of Rs.1,00,000/- each dt. 13.03.2021 and 15.03.2021

4. ANNEXURE –E-1 & E-2

Cheque returning memos dated 15.04.2021 and 18.04.2021

5. ANNEXURE –F-1 & F2

Cheque returning memos dated 06.05.2021 and 07.05.2021

6. ANNEXURE – G

Electricity Bill and Bank Statements of SBI

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 7. ANNEXURE –H

The copy of Police Complaints dated 22.12.2021

8. ANNEXURE –I

Copy of the Reminder to Joint Cmmissioner of Police dated 01.02.2022

9. ANNEXURE- J

Death certificate of the father of the complainant No.1

Filed By

Avinash N.Sharma

Advocate

Chamber No. 671, Patiala House Courts,

New Delh-110001. Mob. 8800794128

New Delhi

Dated: 23.05.202

IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE, SAKET COURTS,

Complaint Case No.________of 2022

IN THE MATTER OF:

Mr. Mohammad & Anr. …..Complainants

VERSUS

Mr. Kurban & Anr. ..…Accused

LIST OF WITNESSES

1. Complainant No.1, Mohammad

R/o. X ,New Delhi-110030

4. Manager/ Record Cleark of the accused ‘s Bank, i.e. Dena Bank

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 Filed By

Avinash N. Sharma

Advocate

Chamber No. 671, Patiala House Courts,

New Delh-110001. Mob. 8800794128

New Delhi

Dated: 23.05.2022

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