IN THE COURT OF LD. METROPOLITAN MAGISTRATE; DIST. NORTH; ROHINI COURTS, DELHI.

CRIMINAL COMPLAINT No. _____ OF 2024.

IN THE MATTER OF :-

____________________                    : COMPLAINANT

VERSUS

______________________      : ACCUSEDS

(P.S.: _________)

I N D E X

S.No.          PARTICULARS                                        PAGES  C.F

1.       MEMO OF PARTIES.

2.       COMPLAINT UNDER SECTION 200 CR.P.C. AFFIDAVIT IN SUPPORT.

3.       APPLICATION UNDER SECTION 156(3) OF CR.P.C. AFFIDAVIT IN SUPPORT.

4.       LIST OF DOCUMENTS.

5.       VAKALATNAMA.

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DELHI                                                                 COMPLAINANT

THROUGH

DATED :-

______________________

ADVOCATES

Off.: _________________

New Delhi-110019.

Mob. No.+______________

Email: ___________________

IN THE COURT OF LD. METROPOLITAN MAGISTRATE; DIST. NORTH; ROHINI COURTS, DELHI.

CRIMINAL COMPLAINT No. _____ OF 2024.

IN THE MATTER OF :-

___________________                     : COMPLAINANT

VERSUS

_______________________                        : ACCUSEDS

(P.S.: ____________)

MEMO OF PARTIES

_______________                                                 : COMPLAINANT

VERSUS

1____________

2. _________________

3. __________

4. ____________

5. _______________

6. ___________________

7. ___________________

__________________.                                                    : ACCUSEDS

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DELHI                                                                 COMPLAINANT

THROUGH

DATED :-

___________________

ADVOCATES

Off.: ___________________

New Delhi-110019.

Mob. No_________________

Email: __________________

IN THE COURT OF LD. METROPOLITAN MAGISTRATE; DIST. NORTH; ROHINI COURTS, DELHI.

CRIMINAL COMPLAINT No. _____ OF 2024.

IN THE MATTER OF :-

______________                                                  : COMPLAINANT

VERSUS

1. ______________

2. ______________

3. ________________________

4. _______________

5. ______________

6. _________________

7. ________________                                           : ACCUSEDS

(P.S.: ____________)

COMPLAINT UNDER SECTION 200 OF CODE OF CRIMINAL PROCEDURE FOR TAKING COGNIZANCE AGAINST THE ACCUSED PERSONS UNDER SECTIONS 420/323/324/379/506/ 406/120B OF INDIAN PENAL CODE ACCOMPANIED WITH APPLICATION UNDER SECTION 156(3) CODE OF CRIMINAL PROCEDURE.

MOST RESPECTFULLY SHOWETH :-

1.                 That Complainant Firm is registered under the Provision of Limited Liability Partnership Act, 2008, bearing the Identification Number as ________. The Complainant filed the present complaint through its __________, the Complainant has been forced file the present complaint against the accused persons due to the commission the act of theft, threatening, criminal assault, defamation and criminal intimidation with the Complainant and its staff. Apart from the Complainant, the accused persons have cheated other persons also and have common modus operandi to cheat persons are common and same can be seen from their style to act / represent. The complainant feeling aggrieved by the act / conduct of the accused persons. The complainant has perforce to file the present complaint.

2.                 That the brief fact leading to the filling of the present complaint are as under: -

3.                 That the Complainant is a registered Firm under Limited Liability Partnership Act, 2008. Based on mutual discussions and negotiations, the Complainant and accused who warranted to be the authorized representative of the company _____________Board Resolution dated the _________, 2022 entered into an Agreement dated the __________, known as Management and Operating Agreement, for short, “The Agreement”.

4.                 Based on mutual discussions and negotiations between the Parties, in order to effectively commercialize and market the Services of the Complainant, the Parties mutually agreed that an initial 5 years shall be the tenure of the Agreement i.e., for a period from the Effective Date, however to an utter dismay the same for some reasons was left blank, inadvertently, in the Agreement, more specifically Clause 9 (a) of the Agreement in addition to said fact that the advance amount of INR _______/- was also demanded by accused from the Complainant, which was to be paid as an advance security amount.

5.                 Moreover, the Agreement was to be terminated on the below mentioned Clauses as explicitly mentioned at Clause 9 (b) of Agreement, which are as follows-

·        On the Expiry of the Term

·        On the Occurrence of any of the following events which shall be treated as fundamental breach of this Agreement terminating it forthwith;

·        In the Event of a breach by the Operator of any provisions of this Agreement (except for a payment default) and subsequent failure to remedy the breach within thirty (30) days of having been notified by the Owner;

·        Failure to make any payments under this Agreement on the due date;

·        Any assignment or disposal of the Business;

·        Any challenge by the Operator to the validity of any part of the Intellectual Property Rights of the Owner;

·        If the Operator engages in any conduct prejudicial to the Business or which harms the reputation of the Owner or its Brand;

6.                 The accused being the owner of the Subject Premises coupled with the fact that accused/s have been running and operating its administrative office/back office on Basement and a Restaurant on the First and Second Floor & a Banquet Hall on the Third Floor of Subject Premises.

7.                 Based on mutual discussion and representation inter se amongst the parties, it was agreed that Complainant shall run, manage, operate and supervise the Restaurant and Banquet at the subject premises under a name of ___________, at its sole cost, expense and risk, for short “Business”.

8.                 The Operation Fee, Consideration and other Renumeration is stipulated as per Clause 7 of the Agreement under which, the Complainant was to either pay a sum of INR ________/- (Minimum Guarantee Amount) exclusive of taxes or a Sum Equivalent to 16% Revenue on the Net Sales at the Restaurant and 18% Revenue on the Net Sales at the Banquet, whichever is higher.

9.                 That thereafter Addendum to the Agreement was carried out inter se the Parties where the above-mentioned Clause with respect to Operation Fee, Consideration and other Renumeration was amended vide a Letter dated _________. Subsequent to which, it was agreed amongst the Parties that the Payment and Renumeration need not to be done on the basis of Minimum Guarantee Amount but on the basis of Revenue Sharing i.e., 16% Revenue on the Net Sales at the Restaurant and 18% Revenue on the Net Sales at the Banquet, and this arrangement was fixed for a Period of One Year, in order to give time to Complainant to establish their business in the vicinity.

10.             In addition to above, the Complainant was to maintain the interior and exterior of the Restaurant and Banquet in the First-Class Conditions and in accordance with the standards as set by accused and in event the accused company felt that the standards were not meted out, then they were to notify the Complainant, in order to ensure compliance of the same, which is more explicitly mentioned at Clause 8(f) of the Agreement.

11.             That the Complainant in compliance of the afore-noted Clauses of the Contract, the Complainant invested a sum of INR _________/- (approx.) on the Items not limited to Crockery and Utensils but also over the Interior of the _________, which was to be operated as a Restaurant and similarly spent INR ________/- (approx.) on the Items not limited to Crockery and Utensils but also over the Interior of the 2^nd Floor.      Moreover, during operations there was cash and articles lying at the restaurant, which belongs to the Complainant.

12.             That the accused persons in collusion and common intention forcibly took the possession of the said premises, by intimidating the staff of the Complainant and become illegal occupants of the premises and the valuables belonging to the Complainant. The list of valuables which have been stolen and illegally taken from the custody of the Complainant is as follows including expenditure incurred:

13.             That the Complainant was very much in the possession of the Subject Property till ________ and was carrying out the smooth functioning of the Restaurant, however to an utter shock and dismay, the accused persons with an ulterior motive to defeat and frustrate the clauses of the Agreement with the help of Associates came to the Property on ____________ and threatened the Staff of Complainant, and  by way of using their own force made the staff of the Complainant exit the property and using unlawful means put a lock over the Subject Property. It is to be noted that various movable articles inclusive of Laptops and Cash to the tune of INR ________/- is also lying locked inside the premises, the keys of which are with the accused/s coupled with the fact that signage boards displaying the name of Complainant over the Subject Premises have also been taken down by the accused.

14.             That as the accused persons not only man-handled and assaulted the staff, but also defaming and maligning the image of the well reputed brand of the Complainant. Moreover, it is also worthwhile here to mention that the accused persons are rather threatening the Complainant of dire consequences, and also passing derogatory and defamatory remarks against the Complainant and their family.

15.             That the accused persons being at the helm of affairs, took part in all meetings and negotiations and also was pro-active at the time of execution of the agreement and accused persons were dealing with the Complainant since inception and have misrepresented the Complainant with dishonest intentions on several aspects for which the Complainant reserves his right to initiate separate action as per law.

16.             That Complainant has come to know that accused persons have duped several other persons / companies with similar modus operandi and has collected huge wealth by duping innocent people. The accused persons have caused wrongful gains to themselves and wrongful loss to the Complainant. Moreover, the accused persons being illegal custodian of the Complainant’s valuables and articles are also disposing off the same and selling it for their personal gains. Also, the said accused/s are trying to remove all evidences of the possession and occupation of the Complainant, like removal of boards etc, which itself tantamount to destruction of evidence.

17.             The axiomatic facts from the above clearly show that the ulterior motive of the accused person was only to cheat the Complainant and incur theft of the valuables of the Complainant, knowing the fact that they do not have any such intention honor the Agreement.

18.             It is crystal clear that the accused persons had the malafide intention from the very beginning when they approached the Complainant for the execution of the Agreement and it shows that they were misrepresenting the Complainant and had an intention to play as such he have played fraud with the Complainant.

19.             That it is pertinent to mention herein that earlier also have filed a complaint dated ________ vide DD no. 32A, bringing the facts in knowledge of the local police, however no action has been taken till date nor any investigation have been done.

20.             Thus, the accused person has committed offences under Section 420/323/324/379/506/406 of IPC and he should also be prosecuted for criminal defamation for abusing and hurting the goodwill of the Complainant.

21.             That the Complainant lodged the written complaint to the Police Station _________, Delhi on _________ and copy to the same Commissioner of Police, New Delhi. Complainant has been having been living in constant fear and threat requesting the police officers to help and register an FIR against the accused persons, but till date police officials failed to lodged any FIR against the accused persons.

22.             That the accused persons with their ulterior motive and in connivance with each other and their associates with common intention have caused hurt and threatening, assaulted, defaming and criminal intimidation with malafide intent.

23.             That custodial interrogation of the accused persons is necessary and same will reveal the ramification of the offences and police investigation is necessary to collect evidence in regard to conspiracy and the other persons involved therein. That this is a classic example of fraud and they have committed this crime with the knowledge about the consequences likely to arise on account of their invocation.

24.             That Complainant has not left with any other option except to approach this Hon’ble Court for taking necessary action against accused persons as warranted in law.

25.             That in case an urgent FIR under Section 420/323/324/379/506/406/120B of IPC is not registered against the accused persons and if they are not arrested then there is every possibility that they will cause serious injuries to the complainant.

26.             That as per their conduct it is apparent that accused persons have committed the criminal acts under Sections 420/323/324/379/506/ 406/120B as such they are liable to be prosecuted for the offence punishable under IPC.

27.             That the aforesaid complaint discloses various cognizable offences against the accused persons, in terms of law laid down by the Hon’ble Supreme Court of India in the case of Lalita Kumar Vs. State of UP & Ors. (2014) 2 SCC 1; where it is held that the essential requirement for recording the FIR is that there must be information which discloses cognizable offences and when such information is laid before an officer incharge of a police station, he should register the case on such information.

28.             That due to unlawful acts of the accused, complainant lodged a complaint with local police of Police Station ____ on _____, needless to say Local Police has not taken any action against the accused persons nor has even lodged the F.I.R. till today.

29.             That the complainant has every reason to believe, in the facts and circumstances of this case as stated above, that the police are intentionally and deliberately not taking action in and is active connivance with the accused persons.

30.             That it is pertinent to mention here that so far neither the accused persons have been arrested nor any inquiry has been made by the police official which clearly shows the malafide intention and the collusion of the police officials with the accused persons.

31.             That as the cognizable offences punishable under Section 420/323/324/379/506/406/120B of IPC have been committed within the jurisdiction of Police Station ______, the complainant got a police complaint lodged against the above-mentioned accused at Police Station ___________. Hence, they are liable to be punished for the offences as mentioned above.

P R A Y E R

In view of above facts and circumstances, it is therefore most respectfully prayed that this Hon'ble Court may be pleased to; -

(a)     To take cognizance of the offences under Sections 420/323/324/ 379/506/406/120B of the IPC or under any other relevant sections and direct the summoning of the accused persons, try the accused for the offences aforementioned which will be in the interest of justice.

(b)     Pass such further order or orders as this Hon’ble Court may deem fit and proper of the facts and circumstances of the case, in the interest of justice.

DELHI                                                                 COMPLAINANT 

THROUGH

DATED :-

_______________________

ADVOCATES

Off.: ________________,

New Delhi-110019.

Mob. No._________________

Email: _______________

IN THE COURT OF LD. METROPOLITAN MAGISTRATE; DIST. NORTH; ROHINI COURTS, DELHI.

CRIMINAL COMPLAINT No. _____ OF 2024.

IN THE MATTER OF :-

___________________________                          : COMPLAINANT

VERSUS

_______________________________                  : ACCUSEDS

(P.S.: ____________)

APPLICATION UNDER SECTION 156(3) OF CODE OF CRIMINAL PROCEDURE FOR AND ON BEHALF OF THE COMPLAINANT SEEKING DIRECTION TO THE SHO POLICE STATION _____________ FOR REGISTRATION OF F.I.R. AGAINST THE ACCUSED PERSONS FOR THE OFFENCE UNDER SECTIONS 420/323/324/379/506/406/120B OF I.P.C.

MOST RESPECTFULLY SHOWETH :-

1.       That the complainant had filed an accompanying complaint under Section 200 Cr.P.C. for taking cognizance of the offences under Section 420/323/324/379/506/406/120B of the Indian Penal Code against the accused persons.

2.       That the contents of the accompanying complaint are not being repeated herein for the sake of brevity and same may be read as part and parcel of this application.

3.       That the indulgence of Police is required in the instant case as cognizable offences have taken place and police has refused to register a FIR.

4.       That the complainant in view of the averment made in the complaint has disclosed the commission of the cognizable offence and has made out a prima-facie very strong and apparent case for issuing directions to the S.H.O of Police Station _________, to register the F.I.R under the said sections.

5.       That the Hon’ble Supreme Court of India has specifically laid down in numerous cases that police can’t investigate any Cognizable Offence without registration of FIR, Madhubala Vs. Suresh Kumar 1997 (3) Crimes 162 (SC), Suresh Chand Jain Versus State of Madhya Pradesh 2001 IAD (SC) 109.

6.       That after having got the complaint received in the Police Station, the complainant requested the police officials to lodge the FIR against the accused persons but it was of no use as no action was taken by the concerned police officials, though they are duty bound to do so as per the most recent judgment of Supreme Court in Lallan Bhai & Ors. V/s State of Bihar & Anr. SC 2006 (3) JCC 1731, and also in the landmark judgments of Ramesh Kumari Vs. State (N.C.T. of Delhi) & Ors. 2006 I AD (Cr.) SC 505 and State of Haryana and Others Vs. Bhajan Lal and Others, 1992 Supp (1) SCC 335.

7.       That as the accused persons committed the offences of theft, threatening, criminal assault, defamation and criminal intimidation, thus the offences involving mensrea (guilty intention), it is required to lead the evidences showing the dishonest intention of the accused and in the cases like this, in order to secure summoning  / conviction by this Hon’ble Court, it is essential that the evidence showing dishonest intention must be led before this Hon’ble Court and which is possible only through investigation by the police authorities.

8.       The complainant has no means to investigate into the matter and / or identify the accused for the purpose of trial unless and until this Hon’ble Court directs the police to investigate into the matter and find out / identify the accused and other conspirators. That complainant on his own is unable to collect / bring the entire evidence which can prove the malafide of the accused persons.

9.       That on the directions being given by this Hon’ble Court under Section 156 (3) Cr. P. C. on the complaint of the Applicant, the police are duty bound to register the case and investigate the same.

10.     That the investigation into the abovementioned cognizable offences committed by the accused persons is essential to unearth the whole truth and to know the manner of conspiracy and exact role of the accused persons in the commission of the above said substantive offences so that on the submission of the final report this Hon’ble Court can try and punish them in accordance with law.

11.     That this Hon’ble Court has jurisdiction to entertain this complaint and pass direction under Section 156(3) Cr.P.C. to S.H.O., _______, Delhi as the cognizable offences punishable under Sections 420/323/324/379/506/406/120B of Indian Penal Code by the accused persons, have been committed within the jurisdiction of the aforesaid Police Station and within the jurisdiction of this Hon’ble Court and this Hon’ble Court has the right to give direction under Section 156(3) Cr.P.C., call for final report, and try and punish the accused in accordance with law.

12.     That for the purpose of saving valuable time of this Ho’ble Court it is expedient in the interest of justice kindly issue direction to the S.H.O at Police Station ___________ to register F.I.R in the Sections 420/323/324/379/506/406/120B of IPC.

P R A Y E R

          It is therefore most humbly prayed that this Hon’ble Court may direct the S.H.O. P.S. _______ to immediately register FIR against the accused persons under Sections 420/323/324/379/506/406/120B of IPC and under any more relevant sections and to investigate the matter further and to submit their final report in this regard, in the interest of justice.

Pass such further order or orders as this Hon’ble Court may deem fit and proper of the facts and circumstances of the case, in the interest of justice.

DELHI                                                                 COMPLAINANT

THROUGH

DATED :-

________________

ADVOCATES

Off.: ______________,

New Delhi-110019.

Mob. No_______________

Email: ________________

IN THE COURT OF LD. METROPOLITAN MAGISTRATE; DIST. NORTH; ROHINI COURTS, DELHI.

CRIMINAL COMPLAINT No. _____ OF 2024.

IN THE MATTER OF :-

_________________________                    : COMPLAINANT

VERSUS

________________________                      : ACCUSEDS

AFFIDAVIT

I, __________, aged about ___ years, AR / _____ M/s. _________ at ____________, presently at New Delhi, do hereby solemnly affirm and declare as under;-

1.       That I am the AR / Partner of the complainant firm in the above noted matter and am well conversant with the facts and circumstances of the case and also competent to file the present affidavit.

2.       That the contents of the annexed Complaint under Section 200 of the Code of Criminal Procedure have been drafted by my counsel as per my instructions and the contents of the same have been duly read over and understood by my vernacular language and after fully understanding the contents of the therein are all true and correct to my knowledge.

DEPONENT

VERIFICATION :-

          Verified at Delhi on this _____, day of February, 2024, that the contents of my above affidavit are true and correct to my knowledge, no part of it is false and nothing material has been concealed therefrom.

DEPONENT

IN THE COURT OF LD. METROPOLITAN MAGISTRATE; DIST. NORTH; ROHINI COURTS, DELHI.

CRIMINAL COMPLAINT No. _____ OF 2024.

IN THE MATTER OF :-

___________________________                          : COMPLAINANT

VERSUS

_________________________________               : ACCUSEDS

AFFIDAVIT

I, _______, aged about ___ years, AR / Partner of M/s. ___________, presently at New Delhi, do hereby solemnly affirm and declare as under;-

1.       That I am the AR / Partner of the complainant firm in the above noted matter and am well conversant with the facts and circumstances of the case and also competent to file the present affidavit.

2.       That the contents of the annexed application under Section 156(3) of the Code of Criminal Procedure have been drafted by my counsel as per my instructions and the contents of the same have been duly read over and understood by my vernacular language and after fully understanding the contents of the therein are all true and correct to my knowledge.

DEPONENT

VERIFICATION :-

          Verified at Delhi on this _____, day of February, 2024, that the contents of my above affidavit are true and correct to my knowledge, no part of it is false and nothing material has been concealed therefrom.

DEPONENT