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 - 700001branch,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 the accused company to secure the payment of the aforesaid loan amount and to
discharge their legal liability and or legal debt of a sum of ₹1,0000000/- (One Crore) has
issued two post dated 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) percentper 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 refund back the amount of the aforesaid two dishonoured cheques issued by its
company but since the time limit of the aforesaid cheques were to expire and having no other
alternatives the complainant company have deposited both the above noted cheques to its
banker for encashment of the aforesaid two cheques vide no.(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 on 29/03/2021 but both the above
noted cheques were dishonoured and return unpaid to the complainant company on
30/03/2021 with the banking memorandum dated 30/03/2021 reasons as stated therein are
“Funds Insufficient” respectively.
6. 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.

7. That the accused company have received the aforesaid legal notice dated 16/04/2021 and
through its Ld. Advocate MR. Haripad Mohanty has sent a reply on 04/05/2021admitting
the aforesaid loan amount received by the accused company seeking four months more time
to start the business, of accused company which would be repaid through instalments.

8. That 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 they are liable to be prosecuted and punished U/S – 138 of the N.I Act, 1881 as
amended up to date.

9. 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.

10. That there is ample evidence both oral and documentary to prove the guilt of the accused
person.

11. That the fixed court fees of ₹200/- is paid herewith this instant application for the purpose
of jurisdiction.

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