Dated: 28.01.

2023

To,

The Commissioner of Police

Shanti Nagar, Shivaji Nagar,
Sector-11, Gurugram, Haryana-122018

SUBJECT: Complaint Against: -

(1) M/S ECSTATIC MEDIA WORLD PVT. LTD.,
(2) MR. JASMEET SINGH AVTAR SINGH
SINDHU (MOB:9920253968), DIRECTOR
(3) MS. SHWETA JAGDISH SODHI W/o………

ALL HAVING ITS ADDRESS STATED HEREUNDER AS:-

B/128, MASTER MIND S.NO. 169, ROYAL PALMS AREY

COLONY, GOREGAON EAST, MUMBAI — 400072 AND
ALSO, AT A/4, SHIV SHAKTI BUILDING, GOLBAR ROAD,
SANTACRUZ(E), MUMBAI - 400055

FOR COMMITTING SEVERAL OFFENCES UNDER

INDIAN PENAL CODE VIZ., CHEATING, CRIMINAL
BREACH OF TRUST, FORGERY AND FRAUD.

Respected Sir,

The Present Complaint is hereby filed by the undersigned (Arvind

Kapoor), as Authorized Representative of M/s Ambience Developers &
Infrastructure Pvt. Ltd., a company registered under the provisions of
Companies Act, having its registered office at L-4, Green Park
Extension, New Delhi - 110016 and Mall at …………………………
Gurgaon. The brief facts leading to the filing of the present
complaint are as under:

1. That complainant owns a mixed-use commercial complex

consisting of shopping center, multiplex, stores, restaurants, food
courts, etc. under the name and style of “Ambience Mall”
(hereinafter to be referred as “the mall”), situated at Near Toll
Plaza, NH-8, Gurugram 121001.

2. The Accused persons are in the business of promotion of business

products, organizing exhibitions etc of various products of different
companies.
3. That accused no.1 viz., M/s Ecstatic Media World Pvt. Ltd.,
represented by its director i.e. accused no.2 viz., Mr. Jasmeet Singh
Avtar Singh Sindhu along with accused no.3 viz., Shweta Jagdish
Sodhi, approached the officials of the complainant company seeking
the permission to organize a promotional event in the mall in which
a Audi A6 car was proposed to be displayed in the mall premises.
The Complainant Company acting through its authorized persons
permitted the display of Audi 6 cat in the mall premises at a
designated place for agreed days. The deal was purely a commercial
deal and a MOU dated 03.01.2020 was executed. It was a barter
system deal according to which, in lieu of use of mall’s
premises/space, accused persons were to provide one — AUDI A6
car (hereinafter referred to as “the car”), to the complainant
which was to be presented to the winner of the “Ambience Mall
Shopping Festival”. In compliance of the terms of the contract,
the accused persons were permitted to display the Audi A6 car
within the premises of the mall.

4. In terms of clause 6 of the MOU dated 03.01.20 the 1 st party i.e.

Complainant Company was to allow the 2 nd party i.e. Esctatic Media
World (hereinafter known as accused no.1) to display their Audi
A6 car in 20 ft X 20 ft area within the mall for 15 days followed by 7
weekends i.e. Saturday and Sunday. In terms of Clause 8, these 15
days were to be consumed in January 2020 and remaining 7
weekends from 1st January to 30th November 2020. The entire setup
for display was to be done by accused no.1 as per the guidelines of
the mall. It was clearly stipulated in the Agreement that barter was
the essence of the contract and the accused no.1 was to give an
Audi car to the winner of the “Ambience Mall Shopping Festival”
or in alternative to the Mall authorities.

5. That thereafter the complainant (ADIPL) promoted the festival

scheme on the assurance given by the accused persons. The general
public visiting the mall was informed that the winner of the
“Ambience Mall Shopping Festival” will be getting the Audi A-6 car.
This was prominently displayed on the display boards installed at
various key locations of the mall.

6. In accordance with the provisions of the agreement the accused

persons consumed 15 days of display from 4.1.2020 to 18.01.2020
but due to apprehension of increasing COVID cases, weekends
were not availed by the accused persons. Despite giving them
opportunity on various occasion, they hesitated to avail of the 7
weekends obviously with mala-fide intentions to avoid their liability
under the agreement.
7. After the COVID conditions were relaxed, Complainant Company on
the request of accused persons allowed them to display the car for
another 15 days on complimentary basis. This was conveyed to the
accused persons vide email dared 02.07.2021 to utilized
complementary display during the month of July & August 2021.

8. Considering that the part display of 7 weekdays was still left, another MOU
dated 23.12.2021 was executed which was by way of renewal of the
existing MOU dated 3.1.20202. It stipulated almost the same conditions but
allowed display of Audi A6 car for remaining 9 weekends (instead of 7
weekends) from 1st January to March 2022.

9. It is state that the accused persons duly utilized their benefits and displayed
the Audi car6 in the Ambience mall but failed to provide to comply with
their obligation under the contract i.e handing over of Audi 6 car either to
the Complainant or to the winner of the Mall Festival.

10. The accused persons had mala fide intentions to cheat the complainant and,
in the process, they utilized the services rendered by the mall authorities
but did not comply with their part of obligation intentionally with malafile
intention..

11. Another Agreement dated 16.08.2021 was executed whereby Ambience

agreed to provide the space 35 ft x 80ft in ARTRIUM-3 UNIQLO for an
exhibition of Thai Airways, against payment of Rs. 11,00,000/- plus GST by
the accused persons. The accused persons despite conducting the
exhibition from 19.08.2021 to 22.-08.2021 for four days did not make any
payment as agreed in the MOU. On 19.08.2021 the accused no.2 sent an
email stating that a sum of Rs. 6.88 Lacs has been remitted towards part
payment in compliance of Agreement dated 16.08.2021 for exhibition of
Thai Airways. However, this email was a blatant lie as no money was
remitted by the accused and the proof of remittance was a forged
document. Thus, Accused persons clearly committing the act of cheating
and falsification of record.

12. The matter did not end up here, another agreement dated 29.10.2021 was
executed, this time for display of another product of Air purifier of the brand
named O2 cure Air purifier. According to this MOU, a space of 8x8 ft
was given in ARTRIUM-3 UNIQLO for 2 days i.e. 30th & 31st October ,
2021 for which the accused persons agreed to pay Rs. 3.80 lacs plus GST
under the same barter deal but again accused persons faltered and did not
make any payment despite availing the benefit of space for display of their
product.

13. A lot of communications were exchange with the accused no.2 and he has
been falsely assuring that the payments will be made shortly and he in a
process of making arrangement for delivery of car. He also assured that he
is making arrangement of the money from the agencies and brands for
which these events were organized. Few of such emails are mentioned
 hereunder: -

 Email dated 22.10.2021:- in response to our email dated

20.10.2021, accused no.2 wrote vide email dated 22.10.2021 that the
car has already booked and delivery will happen in December 2021. He
confirmed that a Audi A6 car of White color has been booked.

 Email dated 26.10.2021:- Audi company informed that there is

problem in delivery of Audi car and therefore it might take some more
time to deliver the car.

 Email dated 22.11.2021:- Accused no.2 asked us to pay a sum of

Rs. 11.75 Lacs Plus taxes on account of registration, insurance, TCS,
additional service etc. which was duly paid by us to KRISTAN AUTO as
per direction of accused no.2. However, it is later revealed that Accused
persons did no make payment to Audi Company but instead assured
them that the cost of car would be paid by Ambience.

 Email dated 07.02.2022:- Accused no.2 wrote to us that he is

extremely sorry for the delay in delivery of the Audi car and is trying to
expedite delivery of car.

 Email dated 13.07.2022 :- Accused no.2 informed that he is

arranging funds from agencies/brands and will clear the entire
outstanding but he needs some time to pay off the amount. He also
assured to send the final schedule of payment by next date i.e.
14.07.2022.

 Email dated 20.07.2022 – Accused no.2 wrote that he is expecting

funds from market in the 2 nd week of August 2022 and will clear the
entire amount by 3rd week of August.

14. On 26.05.2022 the accused no.2 visited our office and gave an undertaking
on the same date, undertaking to pay a sum of Rs. 40,80,000/- . This
amount was arrived at in lieu of Audi A6 vehicle to be delivered to the
complainant, in lieu of Thai Airways exhibition and display of Air Purifier.
The breakup of this amount was Rs. 11 Lacs for Thai Tourism exhibition,
Rs. 3.80 Lacs for display of Air Purifier, Rs. 26 Lacs for display of Audi from
04.01.202 to 18.01.2020. Invoices of these amounts, bearing no. 05/30,
05/31 and 05/32 were issued on the same date.

15. On the same day i.e. 26.5.22, the accused undertook to pay Rs. 11 lacs
immediately and balance amount in 1 month. In pursuance to the above
undertaking, the accused gave 2 postdated cheques of Rs. 10,00,000/-
each, cheque no. 743979 dated 10.06.2022 & 743980 dated 10.07.2022
respectively drawn on Axis Bank Gurgaon. On presentation of the 1 st cheque
on 13.06.2022, by the complainant, the cheque got dishonored for the
reasons “Funds Insufficient”. This was brought to the notice of accused
no.2 who promised to remit the fund through RTGS in lieu of dishonored
cheque.
16. An email was received from accused no.2 wherein he informed that he has
already made the payment of Rs. 5 lacs on 17.06.2022 and promised to
remit another Rs. 5 lacs on 18.06.2022. The accused person also shared a
screenshot of the payment advice, mentioning details of the amount so
remitted. However later it was found to a fake screenshot and therefore the
accused persons are guilty of falsification of record and creating a
fabricated document to cheat the complainant.

17. It clearly indicates that the accused persons right from the start had no
intention to enter into any legitimate contract but they wanted to gain
undue advantage of display of their product at the prominent space of a
prestigious mall. They had no intention to either pass on a Audi A6 car or
money in lieu of that and thus have cheated the complainant Company
punishable under the provisions of Indian penal Code 1860.

18. On 13.07.2022 the other cheque along with previously returned cheque
were presented but again both these cheques were returned unpaid with
the reasons “Funds Insufficient”. The complainant filed petition for dishonor
of these 2 cheques under section 138, NI Act in the court of competent
jurisdiction.

19. The accused persons have cheated the complainant with a false and
dishonest intention from the beginning. They had dishonest intention right
since beginning and the facts of the present complaints are akin to the
illustration I to sec 415 I.P.C. The acts of the accused persons amount to
cheating punishable u/s 4320/409/406/IPC

20. These abovementioned accused persons have conspired to commit

abovementioned offence and hence have committed offences u/s 120B,
I.P.C by colluding with each other, entering into conspiracy with each other
to defraud the complainant and his company knowingly fully well that they
are deriving the wrongful gains and simultaneously causing loss both
monetary and reputation to the complainants

21. The accused persons continued with this modus operandi with a common
intention to cause wrongful loss to the complainant and achieving wrongful
gain which is an offence under the provisions of sec 34 of I.P.C

22. The accused persons have willfully and intentionally aided each other in
their acts with respect to the offenses stated above and also by their
omission abetted the offenses as mentioned in the complaint within the
meaning of section 017 I.P.C and hence have committed offense u/s 109
I.P.C

23. The accused persons again wrote an email dated 19.08.2021 confirming
that a payment of Rs. 6.88 Lacs has been made on 19.08.2022 asking the
complainant company to be in touch with axis bank. But this again found to
be a fake communication as no payment was ever received by the
complainant. the accuse persons went to the extent of giving reference
 number of such RTGS which were not existing and therefore in the process
not only cheated the complainant but also lowered the reputation of Axis
Bank.

24. The accused persons assured the complainant That car would be delivered
by Audi company and sent a communication from his personal email dated
22.11.2021 to deposit a sum of Rs. 11.75 Lacs plus taxes in the name of
Kisan Auto being road tax applicable and registration charges of the car.
Believing his communication to be true the complainant deposited Rs.11.75
Lacs vide cheque no. 000118 drawn on Bank of Baroda New Delhi dated
13.12.2021 but again his communication was false and intended to further
cheat us for another sum of Rs. 11.75 lacs. No car has ever been delivered
to us. The Audi car company is demanding the cost of the car before they
deliver the car to us. As per the terms of the agreement the undertaking
26.05.2022 this cost is to be paid by the accused persons.

25. Thus, it is clear that the accused persons are habitual of cheating and have
committed various crimes against the complainants by not delivering an
Audi A 6 car or money in lieu of it, they induced the complainant to spend
another sum of Rs. 11.75 lacs towards taxes of car without ever intending
to handover the car to the complainant. They also did not make any
payment on account of their contracts for display of Air Purifier and event of
Thai Tourism. They have fabricated documents, given misleading
information and are liable for cognizable offenses u/s
406/420/467/468/471/34 IPC. These offenses were committed within your
jurisdiction and therefore the present complaint is being made to your good
self.

For,
M/s Ambience Developers and Infrastructure Pvt Ltd.

[Mr.Arvind Kapoor]
GM Stall Operations
Authorized Representative

ENCLOSURES:-
1. Copy of MOU dated 23.12.20 19.
2. Copy of MOU dated 03.01.2020.
3. Copy of undertaking dated 23.05.2022.
4. Printout of emails exchanged between parties.
5. Printout of forged payment slips as provided by Accused No. 2.
6. Copies of Bounced cheques a l o n g with cheque returning Memos.

(VIA POST/IN HAND) COPY TO:-

1. O/o, Sh. Preet Pal, HPS
ASSISTANT COMMISSIONER OF POLICE, Crime -I
Office of the Commissioner
of Police , Shanti Nagar,
Shivaji Nagar, Sector-11,
Gurugram, Haryana-122018

2. O/o, Sh. Dharambir, HPS

ASSISTANT COMMISSIONER OF POLICE, Crime-II
Office of the Commissioner
of Police Shanti Nagar,
Shivaji Nagar, Sector-11,
Gurugram, Haryana-122018

3. O/o, Sh. Sombir Singh, HPS

ASSISTANT COMMISSIONER OF POLICE, Crime-III
Office of the Comissioner of
Police Shanti Nagar, Shivaji
Nagar, Sector-11,
Gurugram, Haryana-122018

4. O/o, STATION HOUSE OFFICER,

P.S, GURGAON SECTOR-18
Gurugram, Haryana-122015