IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE

(DISTRICT NORTH),ROHINI COURTS, DELHI.

Crl.Complaint No._______ of 2019

IN THE MATTER OF:

SADA RAM
S/O SH. RAMJI DASS,
R/O 8/10, INDRA VIKAS COLONY
DELHI-110009. …COMPLAINANT
VERSUS

JOGINDER PAL,
S/O LATE SH. GYAN CHAND
R/O GH-14/309,PASCHIM VIHAR,
DELHI-110087. …ACCUSED PERSON

P.S.:MUKHERJEE NAGAR

COMPLAINT UNDER SECTION 200 Cr.P.C. AND SECTIONS

406/420 OF I.P.C.

Sir,

MOST RESPECTFULLY SHOWETH:

1. That the complainant is a peace loving and

law abiding citizen of India and living at

the abovementioned address.

2. That on 10.11.2016,the accused i.e. Joginder

Pal had approached the complainant for sale

of his property bearing no. 292, Khasra no.

764/62, Dhaka Johar (Near Data Gurudwara),

Delhi measuring 60 sq.yds and after

negotiation sale consideration amount was

fixed as Rs 30,00,000/- ( Rupees Thirty Lacs

only) and accordingly the complainant issued

 a cheque for an amount of Rs 20,00,000/-

(Rupees Twenty Lacs only) and handed over

the same to accused stating that the

Complainant will be receiving the amount on

or before 10.01.2017 as the complainant is

going to sell his shop No.1,8/10 Indra Vikas

Colony, Delhi for which Bayana has already

been done.

3. That accordingly the Complainant handed over

the said undated cheque to accused on good

faith and trust that the same shall be

presented after consulting with the

Complainant.

4. That on 10.01.2017, the said bayana was

cancelled due to non availability of funds

by proposed purchaser of Complainant’s shop

and accordingly due to non availability of

funds the said agreement between Complainant

and Accused for purchasing the said property

was cancelled.

5. That when the Complainant asked the Accused

to return the said cheque to which the

Accused stated that the said cheque is not

traceable and believing upon the accused,

 the Complainant stopped the payment of the

said cheque with the banker in January 2017.

6. That the Complainant was shocked to see the

legal notice which was handed over to him by

his servant on 25.03.2018 and immediately

the Complainant replied the same through his

counsel.

7. That the said malafide act of Accused, by

depositing the said cheque in his account

without any consideration amounts to

criminal breach of trust and fraud which is

punishable under section 406/420 IPC.

8. That the Complainant have never entered into

any agreement to sell as alleged by Accused

in the legal notice and as such taking of

Rs.20,00,000/- (Rupees Twenty Lacs) in cash

is totally false and concocted story. It is

submitted that since no money was ever

received by Complainant therefore there is

no question of repayment of the same and as

such the said cheque is without any

consideration and thus null and void. The

Accused had taken signatures and thumb

 impression on some blank papers which have

been subsequently converted into an

agreement to sell which is a fraud committed

by the Accused and the Accused has forged

the said documents and filed the same before

the court in order to extort money from the

Complainant. Further, the Accused also

threatened the Complainant that he is in

possession of certain blank signed documents

of the Complainant and will misuse the same

through some other person in order to

further extort money and harass the

complainant. The said documents are required

to be searched and seized in order to

prevent the further crime/misuse.

9. That the complainant has also filed a

complaint against the Accused Person in

P.S. Mukherjee Nagar vide DD No.12554

Dated:11-10-2018, that the complainant was

called by the I.O. several times but till

date no action has been taken by the Police

Officials for the reason well known to them.

10. That the accused person have committed the

offence U/s.406/420 I.P.C. and the same are

cognizable offences which requires

investigation and as per the law laid down

by the Hon’ble Supreme Court the S.H.O. is

bound down to register the F.I.R. against

the Accused Person.

P R A Y E R :

It is therefore respectfully prayed that

this Hon'ble Court be pleased to take the

cognizance of the offences committed by the

accused person and to summon the accused

person and try them and punish them

according to provisions of law, in the

interest of justice.

Any other relief which this Hon'ble Court

deems fit and proper may also be passed in

favour of the complainant and against the

accused person.

DELHI COMPLAINANT
DATED:
THROUGH

MOHIT BATRA & SAKET GAKHAR

D-1588/05 D-1941/08
ADVOCATES FOR COMPLAINANT
CH.NO.T-14, NEAR TEHSIL BUILDING,
TIS HAZARI COURTS,DELHI-54.
MOB.NO.:9911893100,9650838589.
EMAIL:adv.batra@gmail.com
Saket.gakhar@gmail.com
IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE
(DISTRICT NORTH),ROHINI COURTS, DELHI.

Crl.Complaint No._______ of 2019

IN THE MATTER OF:

SADA RAM …COMPLAINANT

VERSUS

JOGINDER PAL …ACCUSED

LIST OF WITNESSES

1. Complainant.

2. Sh. Gulab Singh Chauhan, S/o Late Sh. Chanda

Singh, R/o H.No.86, Dhakka Village, G.T.B.

Nagar, Delhi-110009.

3. Concerned I.O. from P.S. Mukherjee Nagar,

Delhi.

4. Ahlmad/Asst. Ahlmad from the Court of Ms.

Jasjeet Kaur, Ld. ACMM, Rohini Court, Delhi.

5. Any other witness/s with the prior

permission of the Court.

DELHI. COMPLAINANT
DATED: THROUGH

(MOHIT BATRA & SAKET GAKHAR)

ADVOCATES
IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE
(DISTRICT NORTH),ROHINI COURTS, DELHI.

Crl.Complaint No._______ of 2019

IN THE MATTER OF:

SADA RAM …COMPLAINANT

VERSUS

JOGINDER PAL …ACCUSED

MEMO OF PARTIES

SADA RAM
S/O SH. RAMJI DASS,
R/O 8/10, INDRA VIKAS COLONY
DELHI-110009. …COMPLAINANT
VERSUS

JOGINDER PAL,
S/O LATE SH. GYAN CHAND
R/O GH-14/309,PASCHIM VIHAR,
DELHI-110087. …ACCUSED PERSON

P.S.:MUKHERJEE NAGAR

DELHI
DATED:
COMPLAINANT
THROUGH

MOHIT BATRA & SAKET GAKHAR

D-1588/05 D-1941/08
ADVOCATES FOR COMPLAINANT
CH.NO.T-14, NEAR TEHSIL BUILDING,
TIS HAZARI COURTS,DELHI-54.
MOB.NO.:9911893100,9650838589.
EMAIL:adv.batra@gmail.com
Saket.gakhar@gmail.com
IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE
(DISTRICT NORTH),ROHINI COURTS, DELHI.

Crl.Complaint No._______ of 2019

IN THE MATTER OF:

SADA RAM …COMPLAINANT

VERSUS

JOGINDER PAL …ACCUSED

I N D E X

S.No. PARTICULARS PAGES COURT FEES

1. Memo of parties A

2. Complaint U/s.200 Cr.P.C.

R/w.sec.156(3) Cr.P.C. read
With sec. 406/420 of I.P.C.
alongwith detailed affidavit

3. Application U/s 156(3) alongwith

affidavit

4. List of witnesses

5. List of documents along

With documents

6. Vakalatnama. Rs.2.+
Rs.5/- of
Welfare Stamp

P.S.:MUKHERJEE NAGAR

DELHI
DATED:
COMPLAINANT
THROUGH

MOHIT BATRA & SAKET GAKHAR

D-1588/05 D-1941/08
ADVOCATES FOR COMPLAINANT
CH.NO.T-14, NEAR TEHSIL BUILDING,
TIS HAZARI COURTS,DELHI-54.
MOB.NO.:9911893100,9650838589.
EMAIL:adv.batra@gmail.com
saket.gakhar@gmail.com
IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE
(DISTRICT NORTH),ROHINI COURTS, DELHI.

Crl.Complaint No._______ of 2019

IN THE MATTER OF:

SADA RAM …COMPLAINANT

VERSUS

JOGINDER PAL …ACCUSED

P.S.MUKHERJEE NAGAR

APPLICATION UNDER SECTION 156(3) CR. P.C. SEEKING

DIRECTIONS TO S.H.O. P.S. MUKHERJEE NAGAR TO

REGISTER A CASE, INVESTIGATE THE MATTER AND TO

ARREST THE ACCUSED PERSON.

MOST RESPECTFULLY SHOWETH:

1. That the complainant is a law abiding and

peace loving citizen of India.

2. That the complainant has been suffering

atrocities committed by the accused person.

3. That the complainant has filed the

accompanying complaint under section 200 Cr.

P.C. against the accused person which is

pending enquiry before this Hon’ble Court, the

contents of the same be also read as part and

parcel to this application which are not

repeated herein for the sake of brevity.

4. That the accused person have committed serious

cognizable offences within the jurisdiction of

this Hon’ble Court and as such the necessary

directions under section 156 (3) Cr. P.C. are

required to be given to the SHO of P.S.

Mukherjee Nagar, Delhi to register the F.I.R.

against the accused persons and investigate

the matter.

5. That the complainant has made a complaint

against the accused persons vide vide DD

No.12554 Dated:11-10-2018 but police officials

of P.S. Mukherjee Nagar despite the several

visits, request and also despite the fact that

the accused persons have committed cognizable

offences in their territory, have failed to

register the case against the accused persons.

6. That the complainant has suffered a great

mental pain and agony from the hand of the

accused persons.

7. That the complainant shall suffer irreparable

loss and injury of every nature, in case of

the criminal cases not registered against the

accused persons.
8. That the action in appropriate provisions of

law is required against the Accused due to

inaction of the local police of P.S. Mukherjee

Nagar, Delhi, hence intervention of the

Hon’ble Court is urgently required in the

interest of justice.

9. That the present case required seizure of

original documents which are required to be

sent to CFSL to ascertain the allegations of

cheating and as such FIR is required to be

registered so that proper investigation is

carried out. Further it is required that the

ownership of the property is required to be

ascertain.

PRAYER:

In view of the submissions made herein

above, it is, therefore, most respectfully

prayed that this Hon’ble Court may graciously

be pleased to:

a. direct the S.H.O. of P.S. Mukherjee Nagar to

register U/s 406/420 I.P.C. a case on the

basis of accompanying complaint of the

complainant being first information report

against the accused person and investigation

 into the matter and arrest the accused

person in accordance with the law, as it

would be in the interest of justice.

b. Any other order which this Hon’ble Court may

deem fit and proper in the facts and

circumstances of the case in favour of the

complainant and against the accused person.

DELHI COMPLAINANT
DATED:
THROUGH

MOHIT BATRA & SAKET GAKHAR

D-1588/05 D-1941/08
ADVOCATES FOR COMPLAINANT
CH.NO.T-14, NEAR TEHSIL BUILDING,
TIS HAZARI COURTS,DELHI-54.
MOB.NO.:9911893100,9650838589.
EMAIL:adv.batra@gmail.com
saket.gakhar@gmail.com
IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE
(DISTRICT NORTH),ROHINI COURTS, DELHI.

Crl.Complaint No._______ of 2019

IN THE MATTER OF:

SADA RAM …COMPLAINANT

VERSUS

JOGINDER PAL …ACCUSED

AFFIDAVIT

I,SADA RAM, S/O SH. RAMJI DASS, R/O 8/10, INDRA

VIKAS COLONY,DELHI-110009 do hereby solemnly

affirm and declare as under:

1. That the Deponent is a peace loving and law

abiding citizen of India and living at the

abovementioned address.

2. That on 10.11.2016,the accused i.e. Joginder

Pal had approached the Deponent for sale of

his property bearing no. 292, Khasra no.

764/62, Dhaka Johar (Near Data Gurudwara),

Delhi measuring 60 sq.yds and after

negotiation sale consideration amount was

fixed as Rs 30,00,000/- ( Rupees Thirty Lacs

only) and accordingly the Deponent issued a

cheque for an amount of Rs 20,00,000/-

(Rupees Twenty Lacs only) and handed over

the same to accused stating that the

 Deponent will be receiving the amount on or

before 10.01.2017 as the Deponent is going

to sell his shop No.1,8/10 Indra Vikas

Colony, Delhi for which Bayana has already

been done.

3. That accordingly the Deponent handed over

the said undated cheque to accused on good

faith and trust that the same shall be

presented after consulting with the

Deponent.

4. That on 10.01.2017, the said bayana was

cancelled due to non availability of funds

by proposed purchaser of Deponent’s shop and

accordingly due to non availability of funds

the said agreement between Deponent and

Accused for purchasing the said property was

cancelled.

5. That when the Deponent asked the Accused to

return the said cheque to which the Accused

stated that the said cheque is not traceable

and believing upon the accused, the Deponent

stopped the payment of the said cheque with

the banker in January 2017.

6. That the Deponent was shocked to see the

legal notice which was handed over to him by

his servant on 25.03.2018 and immediately

the Deponent replied the same through his

counsel.

7. That the said malafide act of Accused, by

depositing the said cheque in his account

without any consideration amounts to

criminal breach of trust and fraud which is

punishable under section 406/420 IPC.

8. That the Deponent have never entered into

any agreement to sell as alleged by Accused

in the legal notice and as such taking of

Rs.20,00,000/- (Rupees Twenty Lacs) in cash

is totally false and concocted story. It is

submitted that since no money was ever

received by Deponent therefore there is no

question of repayment of the same and as

such the said cheque is without any

consideration and thus null and void. The

Accused had taken signatures and thumb

impression on some blank papers which have

been subsequently converted into an

agreement to sell which is a fraud committed

 by the Accused and the Accused has forged

the said documents and filed the same before

the court in order to extort money from the

Deponent. Further, the Accused also

threatened the Deponent that he is in

possession of certain blank signed documents

of the Deponent and will misuse the same

through some other person in order to

further extort money and harass the

Deponent. The said documents are required to

be searched and seized in order to prevent

the further crime/misuse.

9. That the Deponent has also filed a complaint

against the Accused Person in P.S.

Mukherjee Nagar vide DD No.12554 Dated:11-

10-2018, that the Deponent was called by the

I.O. several times but till date no action

has been taken by the Police Officials for

the reason well known to them.

10. That the accused person have committed the

offence U/s.406/420 I.P.C. and the same are

cognizable offences which requires

investigation and as per the law laid down

by the Hon’ble Supreme Court the S.H.O. is

bound down to register the F.I.R. against

the Accused Person.

DEPONENT

VERIFICATION:

Verified at Delhi on this day of

February 2019 that the contents of my above

affidavit are true and correct to my

knowledge and belief and nothing material

has been concealed thereof.

DEPONENT
IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE
(DISTRICT NORTH),ROHINI COURTS, DELHI.

Crl.Complaint No._______ of 2019

IN THE MATTER OF:

SADA RAM …COMPLAINANT

VERSUS

JOGINDER PAL …ACCUSED

AFFIDAVIT

I,SADA RAM, S/O SH. RAMJI DASS, R/O 8/10, INDRA

VIKAS COLONY,DELHI-110009 do hereby solemnly

affirm and declare as under:

1. That the Deponent is the Complainant in the

above stated matter and is well conversant

with the facts and circumstances of the case

hence competent to swear this affidavit.

2. That the accompanying application U/s

156(3)Cr.P.C. has been drafted by my counsel

on my instructions and the content of the same

may be read as part and parcel to this para as

the same has not been repeated herewith for

sake of brevity and the same has been

explained to me in my vernacular language and

the contents are true and correct.

DEPONENT
VERIFICATION:

Verified at Delhi on this day of

February 2019 that the contents of my above

affidavit are true and correct to my

knowledge and belief and nothing material

has been concealed thereof.

DEPONENT