IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE, SOUTH WEST

DISTRICT, DWARKA SECTOR-10, NEW DELHI

IN THE MATTER OF :-
Mr. Rajesh Goyal Vs. Mr. Amit Mitto and Anr.

INDEX

S.NO. PARTICULARS PAGES C.FEE

1. Memo of parties.
2. Complaint U/s 200 R/w Section 156(3) Cr.P.C.
3. List of witness.
4. List of document.
5. Vakalatnama.

Complainant
Through
New Delhi
Dated: 03.10.2023

Santosh Kumar Advocate

(D/1310/2020)
Chamber No.438, Lawyer’s Chambers
Saket Court Complex, New Delhi-110017
Email: lawexperts99@gmail.com,
M: 9873679689
 IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE, SOUTH WEST
DISTRICT, DWARKA SECTOR-10, NEW DELHI

IN THE MATTER OF :-
Mr. Rajesh Goyal Vs. Mr. Dinesh Gupta and Anr.

MEMO OF PARTIES

Mr. Rajesh Goyal

Proprietor of M/s Swastik Glass and Aluminium Works,
Shop Address: H-2/23 Main Palam Dabri Road,
Mahavir Enclave, Delhi-110045.
R/o 111-D 2nd Floor Kamla Nagar, East Delhi-110007
Mobile: 9990972047 ..…Complainant

Versus

1. Mr. Amit Mitto

Proprietor of M/s S and D Aluminum Trading
Shop Address: 62-A, First Floor, Om Vihar, Phase-3,
Near Shiv Mandir, Uttam Nagar,
New Delhi-110059.
Mobile: 7428307426

2. Mr. Dinesh Gupta

Shop Address: 62-A, First Floor, Om Vihar, Phase-3,
Near Shiv Mandir, Uttam Nagar,
New Delhi-110059.
Mobile: 9719146769 .…Accused/Respondents

Complainant
Through
New Delhi
Dated: 03.10.2023
Santosh Kumar Advocate
(D/1310/2020)
Chamber No.438, Lawyer’s Chambers
Saket Court Complex, New Delhi-110017
Email: lawexperts99@gmail.com,
M: 9873679689
 IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE, SOUTH WEST
DISTRICT, DWARKA SECTOR-10, NEW DELHI

IN THE MATTER OF :-

Mr. Rajesh Goyal

Proprietor of M/s Swastik Glass and Aluminium Works,
Shop Address: H-2/23 Main Palam Dabri Road,
Mahavir Enclave, Delhi-110045.
R/o 111-D 2nd Floor Kamla Nagar, East Delhi-110007 ..…Complainant

Versus

1. Mr. Amit Mitto

Proprietor of M/s S and D Aluminum Trading
Shop Address: 62-A, First Floor, Om Vihar, Phase-3,
Near Shiv Mandir, Uttam Nagar,
New Delhi-110059.
Mobile: 7428307426

2. Mr. Dinesh Gupta

Shop Address: 62-A, First Floor, Om Vihar, Phase-3,
Near Shiv Mandir, Uttam Nagar,
New Delhi-110059.
Mobile: 9719146769 .…Accused/Respondents

SUBJECT:- COMPLAINT U/S 420/406/408 IPC R/W SECTION 156(3)

CR.P.C. AND 200 CR.P.C FOR CHEATING AND BREACH OF TRUST

P.S. UTTAM NAGAR

MOST RESPECTFULLY SHOWETH:-

1. That the complainant is aged 59 years, law abiding citizen of India

having full faith in the process of administration of justice by the
court la law and is residing at the address mentioned in the memo
of parties.
2. That the complainant run his shop and business in the name of
Swastik Glass and Aluminum Works GSTIN-
_______________________ at H-2/23 Main Palam, Dabri Road,
 Mahavir Enclave Delhi-110045, and that shop’s bonafied owner is
my son.
3. That the Accused Number 1 was doing business dealing/goods
purchase/aluminum/buying and selling and other goods from last
six months and before this, Accused number 1 always used to
make all the payments of the transactions within the stipulated
time.
4. That by Accused No. 1 (Amit Mitto) ordered to the goods list was
written on the mobile of complainant’s shop employee and
accused no. 1 had confirmed that the said payment will be made
after sending the goods to the address.

5. That all the goods sent to accused No. 1 Amit Mitto’s address S
and D Aluminum Trading, 62-A First Floor Om Vihar Phase-3, Near
Shiv Mandir, Uttam Nagar, New Delhi-110059 for this Bill no. 2540
Rs. 95689/- and Bill No.2539 dated 13/09/2023 total of both the
bill is Rs. 190687/- ( Rupees One Lakh Ninety Thousand and Six
Hundred Eighty Seven Only) were made. The above said firm and
shop/business owner cum partner is Accused No. 2 (Mr. Dinesh
Gupta).
6. That according to the bill and order list, the employee of the
complainant asked the riskshaw puller whose name is Mansoor to
deliver the goods to the address and asked Mansood to collect
the payment of Rs 190687/- from accused no. 1 (Amit Matto).

7. That whenever after waiting for a long time, payment was not
given to Mr. Mansood and the accused no. 1 (Amit Matto) told
him to go, the accused no.1 will get the payment done within an
hour.

8. That even after the complainant called several times on mobile

number of accused no. 1 but accused no. 1 did not pick up the
phone and no call was returned. After that, at night accused no. 1
calls my employee at 09:30pm and says that he will make the
payment by 10:30pm o'clock and also said that if you or your boss
 makes any complaint to the police, then he will not make any
payment.

9. Even after that, payment was not made by the accessed no. 1, so
the next day on 14/09/2023, Complainant sent his employees
Ravi and Mansood to S and D Aluminum Trading. Then Mr. Ravi
@ Arvind Yadav and Mr. Mansood asked regarding the payment
of Rs. 190687/- and due to non-payment, when they started
picking up their goods to bring back, meanwhile S and D
Aluminum Trading employees pushed, abused Ravi and Mr.
Mansood ,

10.That after which Ravi@Arvind Yadav called 112 Delhi Police

Control Room and informed but PCR did not come. After that PCR
police official asked on the phone itself to go to Dabri Police
Station for register complaint. When Mr. Ravi@Arvind Yadav and
Mr. Mansood went to Dabri Police Station, they asked to
Ravi@Arvind Yadav to lodge the complaint in Uttam Nagar Police
Station and no complaint was lodged in Dabri Police Station.

11.That Amit Mato and Dinesh Gupta have defrauded me through a

criminal conspiracy and have breached my trust and have taken
possession of the goods fraudulently and payment for the goods
has not been made nor is it made today. Till now the goods have
been returned and no information has been given and Amit Mato
and Dinesh Gupta have given me financial loss as well as mental
torture.
12.And my complaint has also been sent to SHO, P.S. Uttam Nagar,
and Deputy Commissioner of Police-Dwarka District, Sector-19,
Dwarka and Commissioner of Police-Delhi Police through speed
post reference nos are, _____________________________ on
03/10/2023 but the police have not taken any legal action till
date.
13. That when despite the many calls and requests the accused failed
to pay the Amount of Rs. 190687/- against the bill no. 2540 and
2539 dated 13/09/2023 and the complainant file a complaint
dated 03.10.2023 against the accused persons to the SHO of P.S.
Uttam Nagar and to the DCP Dwarka District and Commissioner of
Delhi Police, despite the said complaint the police has not taken
appropriate legal action and registered appropriate FIR against
the accused despite the complaint dated 14.10.2023 against the
accused hence the present case.
14. That the accused has committed an offence U/s 420/406/408 IPC
against the complainant.

15. That the above said offence committed in the M/s S and D
Aluminum Trading Address 62-A First Floor Om Vihar Phase-3,
Near Shiv Mandir, Uttam Nagar, New Delhi-110059, at the
Shop/office premises of the accused where the goods were
delivered. The Om Vihar Phase-3, Uttam Nagar is under the police
station of Uttam Nagar, New Delhi hence this Hon’ble Court got
jurisdiction to try and entertain the present case.

PRAYER
It is, therefore, most respectfully prayed that this Hon’ble Court a
criminal case U/s 420/406/408 IPC may please be registered against the
accused and accused may please be summoned, try and punished as per
the law, in the interest of justice.
It is further prayed that a report U/s 156(3) Cr.P.C. /200 Cr.P.C may
please be summoned from the SHO P.S. Uttam Nagar and a necessary
direction may please be issued to the SHO P.S. Uttam Nagar to register
an FIR against the accused U/s 420/406/408 IPC, in the interest of
justice.
Complainant

Through
New Delhi
Dated: 03.10.2023

Santosh Kumar Advocate

(D/1310/2020)
Chamber No.438, Lawyer’s Chambers
Saket Court Complex, New Delhi-110017
Email: lawexperts99@gmail.com,
M: 9873679689
 IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE, SOUTH WEST
DISTRICT, DWARKA SECTOR-10, NEW DELHI

IN THE MATTER OF :-

Mr. Rajesh Goyal

Proprietor of M/s Swastik Glass and Aluminium Works,
Shop Address: H-2/23 Main Palam Dabri Road,
Mahavir Enclave, Delhi-110045.
R/o 111-D 2nd Floor Kamla Nagar, East Delhi-110007 ..…Complainant

Versus

1. Mr. Amit Mitto

Proprietor of M/s S and D Aluminum Trading
Shop Address: 62-A, First Floor, Om Vihar, Phase-3,
Near Shiv Mandir, Uttam Nagar,
New Delhi-110059.
Mobile: 7428307426

2. Mr. Dinesh Gupta

Shop Address: 62-A, First Floor, Om Vihar, Phase-3,
Near Shiv Mandir, Uttam Nagar,
New Delhi-110059.
Mobile: 9719146769 .…Accused/Respondents

APPLICATION U/S 156(3) CR.P.C. FOR ISSUING NECESSARY DIRECTION

TO THE SHO P.S. UTTAM NAGAR FOR REGISTRATION OF FIR AGAINST
THE ACCUSED

MOST RESPECTFULLY SHOWETH:-

1. That the complainant has filed the accompanying complaint and
the contents of the same may kindly be read as a part and partial
of the present application and the same is not being repeated
herein for the sake of brevity.
2. That the complainant itself disclose cognizable offences against
the accused U/s 420/406/408 IPC but the local police despite the
above efforts of the complainant has not register any FIR against
the accused for one reason or the other.
3. That the finding no other option the complainant has moved to
this Hon’ble Court for necessary action.
4. That in view of the facts mentioned in the complaint, the
investigation, and enquiry of the case is very essential.
PRAYER
In the light of the facts and circumstances, mentioned above, it is prayed
that the Hon’ble Court may be pleased to direct the SHO P.S. Uttam
Nagar to investigate the matter and register a criminal case against the
accused and report U/s 156(3) Cr.P.C. may pleased to summon from the
SHO P.S. Uttam Nagar, New Delhi, in the interest of justice.
Complainant
Through
New Delhi
Dated: 03.10.2023

Santosh Kumar Advocate

(D/1310/2020)
Chamber No.438, Lawyer’s Chambers
Saket Court Complex, New Delhi-110017
Email: lawexperts99@gmail.com,
M: 9873679689
 IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE, SOUTH WEST
DISTRICT, DWARKA SECTOR-10, NEW DELHI

IN THE MATTER OF :-
Mr. Rajesh Goyal Vs. Mr. Amit Mitto and Anr.

LIST OF WITNESSES

1. Complainant himself.
2. Mr. Mansood (Riksha Pullar) of Swastik Glass and Aluminum
Works
3. Mr. Ravi @ Arvind Yadav employee of Swastik Glass and
Aluminum Works
4. Any other witness with the prior permission of this Hon’ble Court.

Complainant
Through
New Delhi
Dated: 03.10.2023

Santosh Kumar Advocate

(D/1310/2020)
Chamber No.438, Lawyer’s Chambers
Saket Court Complex, New Delhi-110017
Email: lawexperts99@gmail.com,
M: 9873679689
 IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE, SOUTH WEST
DISTRICT, DWARKA SECTOR-10, NEW DELHI

IN THE MATTER OF :-
Mr. Rajesh Goyal Vs. Mr. Amit Mitto and Anr.

LIST OF DOCUMENT

1. Copy of Bill number ______ dated_________.

2. Copy of Whatsapp chatting with Accused dated ________.
3. Copy of police complaint to SHO P.S. Uttam Nagar dated
__________.
4. Copy of police complaint to the DCP Dwarka District dated
11.04.2015, postal receipt No_________________dated.
5. Copy of police complaint to the Commissioner of Delhi Police
dated 11.04.2015, postal receipt No_________________dated.

Complainant
Through
New Delhi
Dated: 03.10.2023

Santosh Kumar Advocate

(D/1310/2020)
Chamber No.438, Lawyer’s Chambers
Saket Court Complex, New Delhi-110017
Email: lawexperts99@gmail.com,
M: 9873679689
 IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE, SOUTH WEST
DISTRICT, DWARKA SECTOR-10, NEW DELHI
IN THE MATTER OF :-
Mr. Rajesh Goyal ..…Complainant
Versus
Mr. Amit Mitto and Anr. .…Accused/Respondents

AFFIDAVIT
I Rajesh Goyal, S/o Narayan Das Goyal, aged 59 years, and Proprietor of
M/s Swastik Glass and Aluminium Works, R/o 111-D 2nd Floor Kamla
Nagar, East Delhi-110007, Shop Address: H-2/23 Main Palam Dabri
Road, Mahavir Enclave, Delhi-110045, do hereby solemnly affirm and
declare as under:-

1. That the deponent is the complainant in the present case and is

well conversant with the facts and circumstances of the case and
is duly competent to swear this affidavit.

2. That the Complaint u/s 156(3) Cr.P.C. R/w 200 CR.P.C has been
drafted by my counsel on my instructions and the contents of the
same has been read over to me in vernacular, the contents of the
same are true and correct to the best of my knowledge and belief
and nothing material has been concealed therefrom.

Deponent

Verification:-
Verified at New Delhi on this _____Day of _______2023 that the
contents of the above affidavit are ture and correct to the best of my
knowledge and belief and nothing material has been concealed there
from.

Deponent