In the Court of the Ld.

Chief Metropolitan Magistrate at Calcutta

Re: Complaint case no. …………/ 2021

In the matter of:

An application U/S – 200 Cr.P.C

And

In the matter of:

HARIDARSHAN VYAPAAR PRIVATE

LIMITED, (Pan no. AAACH8306B), a
registered Company incorporated under the
Indian Companies Act, 1956 having its head
office at EW3040, Bharat Diamond Bourse
G Block, Bandra Kurla Complex, Bandra
(E), Mumbai City, Mumbai, Maharashtra –
400051, represented by one of Its Director:

MR. RAMBAHADUR MAHATO

S/O – Sri Ganour Mahato,

Of 64A, Kankulia Road,

P.S.-Lake

Kolkata-700029.

…………… Complainant / Petitioner

Vs.
1. M/S - BALASORE ALLOYS LIMITED (Pan
no. AAACI3967P) a registered Company
incorporated under Indian Companies Act, 1956
having its head office at PARK PLAZA, 71
Park Street, P.S – Park Street, Kolkata – 700016
having email id no. mail@balasorealloys.com.
2. Mr. NIKUNJ PANSARI,
S/O Vinod Pansari,
Residing at, 2,Kshirod Ghosh Road,
Howrah,W.B,
Pin-711101.

3. ANIL KUMAR SUREKA

S/O- Radheshyam Sureka
C-1901, Chatanya Tower co-op HSG SOC,
A.M. Marg, Prabhadevi, Mumbai,
Maharashtra, India,
Pin-400025.

4. ASISH KUMAR BHATTACHARYYA

S/O- Dwijendra Dev Bhattacharyya
Of Flat no-708, Tower 6, Narmada,
D-6 Vasant Kunj delhi-110070.

5. KRISHNA CHANDRA RAUT

S/O- Kanhu Raut
Plot no- 6B -937,Sector-9
 CDA Bidanasi,Cuutak, Oridsa
India, Pin-753014.

6. AKULA NAGENDRA KUMAR

S/O- Akula Venkateshwara rao
Of Khosaalpur,
behind Saibata Temple
Jaipur Road , Odisha
Pin- 755019.

…………………… Accused /persons

The humble petition on behalf of the above-named

complainant / petitioner.

Most respectfully Sheweth:

1. That your petitioner / complainant is one of the Director of the M/S - HARIDARSHAN
VYAPAAR PRIVATE LIMITED, (Pan no.AAACH8306B), a registered Company
incorporated under the Indian Companies Act, 1956 having its head office at EW3040, Bharat
Diamond Bourse G Block, Bandra Kurla Complex, Bandra (E), Mumbai City, Mumbai,
Maharashtra – 400051, represented by one of its Director namely Sri Ram Bahadur Mahato s/o
Sri Ganour Mahato of 64A, Kankhulia Road, P.S Lake Kolkata -700029, who has duly been
authorised by the company by its resolution dated …………………… to represent the company
and to prosecute the accused person in the appropriate forum in connection with the under
mentioned cheques. A Photo copy of the resolution of the board of directors of the company
dated …………………….. is annexed herewith mark as “ANNEXURE – A” for your Honour’s
kind perusal and consideration.

2. That accused persons are the representatives / Director of the Company namely M/S –
BALASORE ALLOYS LIMITED, woks for gain at several places amongst other its head
office situated at PARK PLAZA, 71 Park Street, P.S – Park Street, Kolkata – 700016, having
email id no.mail@balasorealloys.com, which is within the jurisdiction of this Ld. Court.

3. That the accused persons deals with the business of ……………………… and had good
relation with the complainant company and the accused persons was being in financial
stringency has asked for a financial help / loan to run its business of a sum of ₹1,0000000/- (One
Crore) from the complainant company, which the complainant company has paid to the accused
company on good faith by a cheque bearing its number 928101 dated 08/02/2018, amounting to
₹1,0000000/- (One Crore) drawn on the IndusInd Bank Limited, R.N Mukherjee Road, Kolkata -
700001 branch, on condition to repay the same within two years and on certain other terms and
condition which were all being mentioned in the Loan agreement dated 08/02/2018, executed by
both the complainant company as well as the accused company, which the accused company had
encashed. A photo copy of the said loan agreement dated 08/02/2018 is annexed herewith mark
as “ANNEXURE – B”.

3. That to secure the payment of the aforesaid loan amount of a sum of ₹1,0000000/- (One
Crore) the accused company has issued two postdated cheques in favour of the complainant
company bearing its number (i) 934512 dared 31/12/2020 (ii) 934513 dated 31/12/2020
amounting to ₹50,00000/- (Fifty Lac) each both drawn on the State Bank of India, Rash Behari
Avenue, Kolkata - 700026 branch with the instruction to deposit both the aforesaid cheques for
encashment.

4. That be it mentioned herein that in the loan agreement dated 08/02/2018, it was also held and
settled by and between the complainant as well as the accused company that the accused
company shall pay a sum of ₹10 % (Ten) percent per annum as interest upon the original amount
of loan.

5. That the complainant company on diverse occasions over phone have asked the accused
company to pay the interest @10% per annum as agreed upon the aforesaid loan agreement dated
08/02/2018 and the accused company to pay its legal liability and or legal debt have issued two
post dated cheques bearing no.i) 934514 dated 31/12/2020 ii) 934515 dated 24/12/2020
amounting to ₹2,33,151/- and ₹3,09,178/- respectively, drawn on the State Bank of India, Rash
Behari Avenue Kolkata – 700026 branch, with the instruction to deposit both the above noted
cheques for encashment.

6. That to encash the above noted two cheques the complainant company have deposited both the
above noted cheques to its banker i.e, Indusind Bank, R.N Mukherjee Road, Kolkata – 700001
branch on 25/03/2021 and 22/03/2021, but both the above noted cheques were dishonoured and
return unpaid to the complainant company on 26/03/2021 and 23/03/2021with the banking
memorandum dated 26/03/2021 and 23/03/2021 reasons as stated therein are “Funds
Insufficient” respectively.

7. That thereafter the complainant company through its Ld. Advocate Mr. Sk Kamal Hasan,
have issued legal / demand notice upon the accused company on 16/04/2021, through speed post
with A/D at the exact postal address of the accused company as provided by them, seeking
refund of the amount of the aforesaid two dishonoured cheques withing fortnight from the date
of receiving of the legal notice dated 16/04/2021.

Photocopy of the said Demand Notice dated 16/04/2021 and postal receipt dated
16/04/2021 are annexed herewith.

8. That the Demand Notice, sent to the accused person, has duly been served to the said accused
person. On despite of receiving the Demand Notice by the accused person, which is shown in the
Postal Track Report and till date she has failed and neglected to pay the amount of said
dishonoured cheque to your petitioner within fifteen (15) days.
9. That the accused company have received the aforesaid legal notice dated 16/04/2021 but till
now save and excepting assurances of repayment the accused company has not yet paid the
amount of the aforesaid two dishonoured cheques to the complainant company as such the
company and its Director are liable to be prosecuted and punished U/S – 138 of the N.I Act,
1881 as amended up to date.
10. That in course of action of the present suit arose on 02.05.2021. Whilst the accused received
the aforesaid legal notice dated 16/04/2021 on 17/04/2021, being statutory period of 15 days and
the instant suit is being filed well within the prescribed period of limitation.

11. That the fixed court fees of Rs.200/- is paid herewith for the purpose of Jurisdiction.

12.That there is ample evidence both oral and documentary to prove the guilt of the accused
person.
13.That petitioner is made bonfide and for the ends of Justice.

Under these facts and circumstances above your petitioner /

complainant prays that your Honour would graciously be
pleased to admit this petition and to take cognizance of the
offence committed by the accused persons and to try and
punish them in accordance with the law of the land and or
pass necessary order / orders as Your Honour may deem fit
and proper.

And for this act of kindness, your petitioner as in duty bound shall ever pray.

List of witnesses:

1. Complainant

2. Complainant’s Banker with its relevant documents

3. Accused person’s Banker with its relevant documents

3. Original Cheques, return memos

4. Legal notice dated 16.04.2021.

5. Reply letter dated 04/05/2021

6. Postal receipt dated 16.04.2021.

7. Postal truck report.

8. Many other documents

AFFIDAVIT

I, namely Sri Ram Bahadur Mahato s/o Sri Ganour Mahato , aged about -..... years, by faith –
Hindu, by occupation- Sevice Residing at 64A, Kankhulia Road, P.S Lake Kolkata -700029, do
hereby solemnly affirm and state as follows;

1) That I am the complainant of this instant petition and well conversant of the facts and
circumstances of the case.

2) That I signed this affidavit and I am well conversant with the facts and circumstances of
this case and competent to swear this affidavit.

3) That the statements made in paragraphs no. 1 to 12 are true to my best of knowledge and
belief and rest is my respectful submission before this Learned Court.

Deponent
 Identified by me

Advocate