IN THE HON’BLE COURT OF CHIEF METROPOLITAN

MAGISTRATE, ,DELHI
COMPLAINANT CASE No. ___/2021

IN THE MATTER OF:

Mr. X
S/o Mr. Y
R/o XYZ,
LAJPAT NAGAR, DELHI-110024 … COMPAINANT

VERSUS
Mr. H
S/0 M
R/o MNO …ACCUSED

COMPLAINT U/S. 200 Cr.P.C.,1973 FOR COMMISSION OF OFFENCES

PUNSIAHBLE U/S. 420/406/506 I.P.C. AGAINST THE ABOVE-MENTIONED
ACCUSED

Most Respectfully Showeth:

1. That the complainant is a law-abiding citizen of India, permanent resident of

abovementioned address and having deep roots in the society.

2. That the accused person on 01.01.2021 claimed himself to be the absolute owner in
possession in property bearing number 123 Lajpat Nagar to the complainant.

3. That the accused person claimed and represented to the complainant that he has every
legal right and authority to deal with the said property and is competent to sell, alienate
and transfer the said property.
4. That the accused person induced and enticed the complainant to purchase the said
property and the complainant agreed to purchase the said property from the accused and
after negotiation between the complainant and accused they settled and fixed the sale
consideration of the property at Rs.2,50,00,000/- ( Two crores fifty lakhs rupees only), all
inclusive and accordingly an Agreement to Sell dated 01.06.2021 was duly executed
between the accused and complainant settling all the terms and conditions of the said
transaction as agreed between them.

5. That accordingly, the accused person had received a sum of Rs.1,00,00,000/- ( One Crore
Rupees Only) in cash as the part consideration money from the complainant at the time of
execution of the above said Agreement to Sell.

6. That the complainant and accused person agreed and decided that the balance sale
consideration amount of Rs.1,50.00,000/- shall be paid by the complainant to the accused
person on the date of Registry/Execution of the sale deed and handling over of actual
physical possession of property in favor of complainant.

7. That in May 2021, when the complainant enquired regarding the said property, he got to
know that the property in question was hypothecated with a Nationalized Bank and
therefore the Registry/Sale Deed could not have been executed without the NOC from the
bank. Furthermore in the agreement to sell dated 01.01.2021 it was unconditionally stated
by the accused that the property is free from all encumbrances. The said fact was very
conveniently hidden by the accused from the complainant.

8. That the complainant was shocked and dismayed with the said malafide and ill-motivated
and conduct of the accused as he concealed the fact from him. The complainant had given
the Advanced money with sole belief that one day he would be an absolute owner of the
said property, but the accused failed to fulfill any said promises and assurances to the
complainant.

9. That the accused have totally disregarded the basic aspects of humanity i.e., empathy.
Such behavior clearly indicates the fact that his motive was malafide and he never
intended to give physical possession of the said property and his intention was only to
grab the hard-earned money of the complainant and to achieve his ulterior motives in
breach of the trust

10. That the accused mislead, cheated, manipulated and enticed to sell the said property to
the complainant and grabbed the heard earned money of the complainant causing
wrongful gain to him and loss to the complainant.

11. That from the above said facts it is clear that the accused person has committed the
offence of cheating and criminal breach of trust punishable U/s. 402/406 I.P.C.
12. That, all because of commission of the abovementioned cognizable offences, accused
person caused complainant an instant wrongful loss to and wrongful gain to him, which
comes under the definition of ‘Wrongful Gain” U/s 23 I.P.C.

13. That in the facts and circumstances of the case the accused person has made himself
liable to be punished U/s 420/406 I.P.C.