IN THE COURT SH. SUMIT DAS, LD.

ADJ SOUTH
SAKET COURT, SAKET, NEW DELHI
CIVIL SUIT No. 205 OF 2020

IN THE MATTER OF:

D.J. KHERA-HUF ...PLAINTIFF
VERSUS
JIN KAUSHAL EXPORTS AND ANR ...DEFENDANTS

APPLICATION ON BEHALF OF PLAINTIFF UNDER

SECTION 340 OF CODE OF CRIMINAL PROCEDURE,
1974.

NDOH 17.11.20

MOST RESPECTFULLY SHOWETH:

1. That the above noted matter is pending adjudication

before this Hon’ble Court and the NDOH is fixed on

07.11.2020.

2. That the Defendants are the tenant of the Plaintiff

and are actively occupying the Four BHK Flat of the

Plaintiff since 01.04.2019 till now.

3. That undisputedly two registered agreements were

signed, agreed between the Plaintiff and the Defendants

and admitted in the Written Statement.

4. That Lease Agreement dated 25.03.2019 is to let out

premises from 01.04.2019 to 31.03.2021 at ground

floor for a monthly rent of Rs 70,000/- per month

excluding utilities.
5. That agreement for services for furniture hire dated

25.03.2019 to provide furnishing services and furniture

worth Rs 10.00 Lac on hire from 01.05.2019

to 31.03.2021 for a monthly service charge of Rs

50,000 for 1st eleven month and Rs 65,000 for the

balance12 months.

6. That the accused Mr Pavitra Singh Sole proprietor of

Jin Kushal Export with malafide intentions and with an

objective to mislead this Hon’ble Court and thereby to

take advantage has filed false fact in the Written

Statement Civil Suit no. 205 of 2020 dated

28.07.2020. The accused in the Written Statement has

falsely mentioned “ the Plaintiff has already taken

advance lease amount of Rs 9,40,000 from the

Defendants (Rs 2,40,000 (security amount) + Rs

6,00,000 (towards services) + Rs 70,000 ( April, 2020)

hence, lease amount of the suit premises @ Rs 70,000

already paid upto 31st March 2021 and their is no lease

pending or dues till date.

7. That this false fact has been repeated by the accused

in the same written statement at Para No. 11, 12,

15,17,18.

8. That on careful perusal the Agreement for services

and furniture hire is for a period of 23 months from

01.05.2019 to 31.03.2021. This shows a monthly

payment of Rs 50,000 for 1steleven months and Rs

65,000 for the balance 12 months, for which the details

of the cheques handed over have been mentioned at

clause 17 of the agreement.

9. That admittedly the defendant paid cash in lieu of

cheques, as he pleaded non-availability of cheque

amount, for the period May 2019 to Jan 2020

Rs 50,000 X 9= Rs 4,50,000.

The subsequent cheques for the month of February

2020 till date were dishonoured by the bank for which

the defendant has filed replies to the notices sent by

plaintiff under Section 138 of NI Act.

In other words the Total services charges actually

paid is only Rs 4,50,000 and not Rs 6,00,000.

10. That this Hon’ble Court vide order dated 21.09.2020

has directed the defendant to deposit the services

charges from February 2020 to till date before the

Hon’ble Court within one month.

11. That admittedly the amount of Rs 2,40,000 is partial

amount of interest free refundable security.As the

defendant violated the clauses of the agreement,

the lease agreement was prematurely terminated and

the security amount of Rs 2,40,000 was forfeited. The

premature termination of the lease agreement was

communicated by legal Notice to the defendant.

12. That terms of the agreement cannot be changed and

therefore in no way the forfeited security amount

cannot be treated as lease money.

13. That the Plaintiff through the means of this present

application prays that the criminal proceeding must be

initiated against the defendants for giving false

statement under path before this Hon’ble Court with an

intention to mislead and misrepresent facts before this

Hon’ble Court. That the present application is being

made bona fide and in the interest of justice.

 PRAYER

In view of the submissions made above, it is most

respectfully prayed that this Hon’ble Court may be

pleased to:

a)Give directions to initiate criminal proceedings

against the defendants under section 340 of Code of

Criminal Procedure, 1974;

b)Pass such other or further orders as this Hon’ble

Court may deem fit and proper in the facts and

circumstances of the case.

Dated 22.10.2020

Place: Delhi Plaintiff

through

Counsel
 IN THE COURT SH. SUMIT DAS, LD. ADJ SOUTH SAKET
COURT, SAKET, NEW DELHI

CIVIL SUIT No. 205 OF 2020

IN THE MATTER OF:

D.J. KHERA-HUF ...PLAINTIFF

VERSUS

JIN KAUSHAL EXPORTS AND ANR ...DEFENDANTS

AFFIDAVIT

I, Dharam Jit Khera, S/o Late Sh. K C Khera, Aged about

72 years R/o B-18, Soami Nagar, New Delhi 110017 do

hereby on solemn affirmation state as under:-

1. That I am the plaintiff in the above noted matter and as

such am well conversant with the facts of the case and

hence I am competent to swear this affidavit.

2. That I have read and understood the contents of the

accompanying application, which has been drafted under

my instructions and I state that the same are true and

correct to my knowledge and nothing material has been

concealed therefrom.

DEPONENT

VERIFICATION

Verified at New Delhi on this ____ day of October,

2020 that the contents of my above affidavit are true and

correct to my knowledge and nothing material fact has

been concealed therefrom.

DEPONENT