META DATA FORM FOR DISTRICT COURT

1. Nature of matter: Complaint

2. Complainant

(a) Name and Address Mohit Jamwal, Age 35 years,

S/o Vinod Singh,

R/o Toph Sherkhania,

Jammu.

(b) email ID: Not Known

(c) Mobile Phone Number:
(d) Age 35 Years
(e) Advocate Name: Ankush Manhas
(f) Advocate’s email id: manhasankush21@gmail.com
(g)Advocate’s mobile No: 9469503840, 9419151791
(h) Advocate Code
(i) Advocate Enrolment No: JK 103/2009

3. Respondent

(a) Name and Address Rishab Singh Jamwal,

S/o, late Vijay Jamwal,
R/o, Toph Sherkhania, near
Dispensary, Jammu.
(b)Mobile/Phone No
(c)Age
(d) Advocate Name
(e) Advocate’s email –Id
(f) Advocate’s mobile No.
4. Department
(a)Department Name
(b) email id
(c)Phone No.
5. Special Category
6. Act CPC
7. Title of the Act
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8. Section
9. Civil Cases:
10. Criminal Maters
11. MACT Cases: NA
12.Fee Details

Amount Rs. /-
Mode of Payment Stamps
Date of Payment
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BEFORE THE COURT OF CHIEF JUDICIAL MAGISTRATE,

JAMMU

MOHIT JAMWAL V/s RISHAB SINGH JAMWAL

IN THE MATTER OF:

MEMO OF URGENCY

1. That the above titled suit complaint has been filed by the
complainant before this Hon’ble Court against the accused,
which is sure to succeed on merits.
2. That the balance of convenience lies in favour of the
Complainant as there is a prima facie case being emergent in
nature.
3. That the matter is emergent in nature and requires to be
listed before the Hon'ble court on, in case, the same is not
listed today it will cause irreparable loss to the Complainant.

In the premises:

It is, therefore, most humbly prayed that this Hon’ble Court

may kindly be pleased to direct the registry to list this case
today in the interest of justice and fair play.

Dated : 19-11-2020 Complainant

Place : Jammu

Through Counsel

Advocate Ankush Manhas

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BEFORE THE COURT OF CHIEF JUDICIAL MAGSTRATE,

JAMMU.

Complainant : Mohit Jamwal,

S/o Vinod Singh,
R/o Toph Sherkhania,
Jammu.

Versus

Accused : Rishab Singh Jamwal,

S/o, late Vijay Jamwal,
R/o, Toph Sherkhania, near
Dispensary, Jammu.

IN THE MATTER OF: -

Criminal complaint for the commission of

offences, punishable under section 499,
500, of the Indian Penal Code, 1860.

Sir,

The complainant most humbly submits as under: -

1. That the complainant is a citizen of India, a respectable

and a reputed person and owns a good business of sale
and purchase of vehicles and has a great respect and
unimpeachable reputation in business as well as in the
society.

2. That the complainant like every other man has a right to

have his reputation safeguarded untouched. This privilege
of reputation is recognized as a natural individual right of
every person. It is jus in rem a correct decent against the
whole world.

3. That the complainant owns a business that runs

completely, and solely on trust and goodwill of the
complainant. Trust and good reputation is very important
in the said business, as a result the complainant built his
business to a very good extent on his own, only because of
trust by people and good deeds done by the complainant
and all this helped complainant to have a good name and
reputation in the society and in the business world.

4. That on 15th of November, 2020, the complainant was at

Narwal, Jammu for some work, when one of the
complainant’s friend namely Anil Sharma called him and
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informed him about a post on facebook posted by the

accused person against the complainant.

5. That the accused posted the said defamatory post on

Facebook against One Sunny alias Bittu and also against
the complainant with false allegations that the complainant
did fraud with accused. The said post reads as under:

“Toph Ka chor Sunny urf Bittu massi usneh mere sath

fraud kiya hai meri bike bech di mereh nakli sign kr ke
aur mere 20 hazar rupyeh bhi kha gya hai guyz beware
of this culprit man he is a big fraudi bandah Mohit
Singh Jamwal car hub wala bhi uskeh sath involve hai
in dono bandoh seh bach ke reh nah yeh aiseh hi logo
ki gaddiyan bech deh the hai nakli affidavit bnah kr
binah owner ko btah kr
I want justice.
Aur ajj mere sath fraud kiya hai kl aur kisi ke sath nah
ho isliyeh I post this.
Police mai bhi report krwai lekin inh bandoh ko bhi
sharam nhi ajj tak nah paiseh diyeh nah hi bike wapis
kr rhe hai.”

A copy of the post enclosed herein with and marked as Annexure A.

6. That the complainant when saw the said post became

completely shocked and depressed. The complainant was
very much ashamed of himself when such a public scene
was created by the accused, and he was, thus, mentally
tortured by the accused to a great extent. The said post
really broke him down and injured his reputation
completely in society and caused a very bad impact on his
business also, as a result, the complainant had 2-3,
running deals with his clients which got cancelled after the
publication of the said post.

7. That the complainant has suffered a great loss in his

business and also in his reputation after its publication. A
man’s integrity is his wealth, more precious than any other
wealth.

8. That the accused person had no right of any kind

whatsoever to defame the complainant and injure his
reputation in the society. These acts of the accused person
created a bad impression about the complainant amongst
his family members, relatives, friends and neighbourers
which thus harmed his reputation publicly.

9. In view of the aforementioned deliberate and willful acts of

the accused person, which are not only false and
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intentional but are provocative and alarming so as to force

him to indulge in criminal activities for the reasons stated
above.

10. That the imputations and defamatory remarks have created

a bad impression about the complainant in the society.
Such acts of the accused person have thus lowered the
reputation and image of the complainant in the estimation
of right thinking members of the Society. Therefore, owing
to their acquisitive tendencies, all of them defame the
reputation of the complainant in his locality.

11. That the acts of the accused person amount to criminal

intimidation, insult and defamation and our punishable
under sections 499, 500, of the Indian Penal Code. The
accused person are thus guilty of the commission of the
aforementioned offences and are, as such, liable to be
prosecuted and convicted under law.

12. That since the accused person have committed these

offences in Jammu, therefore, the courts in Jammu have
the jurisdiction to take cognizance in the present
complaint.

It is, therefore, most humbly prayed that process be

issued against the accused person and on proof of the
charges they be convicted and sentenced under law. Some
of the names of the witnesses have been submitted herein
below, however, the complainant reserves his right to
produce more witnesses as and when required.

Complainant
Through Counsel

Jammu. (Ankush Manhas)

Dated: 19.11.2020 Advocate

LIST OF WITNESSES: -

1. Complainant
2. Anil Sharma,S/o, Shiv Dutt Sharma,
R/o, Mansar, Distt. Udhampur.
3. Amit Mangotrian,S/o, Shri Ram Lal Mangotrian,
R/o, Patoli, Jammu.
4. Sudershan Sharma,
S/o, Trilok Nath Sharma,
R/o, Rajgarh,
Distt. Ramban.
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Annexure A
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VAKALATNAMA
Plaintiff / Applicant / Petitioner / Complainant / Applicant V/s Defendant /
Non- applicant / Respondent know all to whom these presents shall come that
I/We Mohit Jamwal do hereby constitute, appoint, engage and nominate
Ankush Manhas Advocate, High Court of Jammu & Kashmir, ( hereinafter
called the Advocate) to be my/our Advocate in the above noted cause and
authorized him:-

To act appear and plead in the above-noted cause in the court, or in any other
court in which the same may be tried or head and also in the appellate court.
To sign, file and present pleadings, appeals, cross abjections, applications or
petitions of execution, review, revision, restoration, withdrawal, compromise or
other petitions, replies, objectives, affidavits, or other documents as he deems
many necessary or proper for the prosecution of the said case in its stages.

To be filed and take back documents and to with draw or compromise the said
cause or submit to arbitration any differences or disputes that may arise
touching or in any manner relating to the said cause and to take out
executions proceeding and to deposit, draw and receive, money and grant
receipt thereof, and do all other acts, and thing which may necessary to be
done for the progress .and in the course of the prosecution of the said cause
and to appoint and instruct any other legal practitioner authorizing him to
exercise the power and authorities hereby by conferred upon the Advocate
whenever he may think fit to do so.
And I/We undertake that I/We or my/our duly authorized agent shall appear
in the court on all hearings. And I/we the undersigned, do hereby agree that in
the event of the above cause taken up on tour.. I/We shall par extra fees. And
I/We the undersigned, do hereby agree not to hold Advocate or his
substitute responsible for the said cause is called up for hearing or for any
negligence of the said substitute. I undertake to remain present in the court on
every date of case.
And I/We undersigned, do hereby agree that in the event of the whole or any
part of the fee agree by me/us to be paid to the Advocate preparing unpaid he
shall be entitled to withdraw from the prosecution of the said cause without
notice. If any costs of allowed for an adjournment the Advocate would be
entitled the same.
And I/We undersigned do hereby agree to ratify and confirm all such acts, as if
done by me/us for all intents and purpose. I/We do herby set/our hand/s to
the present the contents of which have been understood by me/us on 19th Day
of November, 2020.

Accepted subject to the terms of Fees.

Ankush Manhas Mohit Jamwal

ADVOCATE CLIENT
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Photographs of Complainant and Counsel for the Complainant

Advocate Ankush Manhas.

Complainant - Mohit Jamwal

Advocate Ankush Manhas

Mob No. 9419151791,

Whatsapp No. 9469503840

manhasankush21@gmail.com