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IN THE
COURT OF LD. CHIEF JUDICIAL MAGISTRATE; DIST. CENTRAL; TIS HAZARI COURTS, DELHI.
CRIMINAL
COMPLAINT No. _____ OF 2024.
(P.S.: Xxxx)
I N D E X
S.No. PARTICULARS PAGES C.F
1. MEMO OF PARTIES.
2. COMPLAINT
UNDER SECTION 223 BNSS. AFFIDAVIT IN SUPPORT.
3. APPLICATION UNDER SECTION 175(3) OF BNSS AFFIDAVIT IN SUPPORT.
4. THE CERTIFIED COPY OF
THE LOAN AGREEMENT WHERE ALLEGED FORGED SIGNATURE IS VISIBLE.
5. COPY OF COMPLAINT BY THE COMPLAINANT TO
THE SHO PS XXXX DATED 20.06.2024.
6. VAKALATNAMA.
---------------------------------------------------------------------------------------
DATED :-
X
IN THE
COURT OF LD. CHIEF JUDICIAL MAGISTRATE; DIST. CENTRAL; TIS HAZARI COURTS, DELHI.
CRIMINAL
COMPLAINT No. _____ OF 2024.
(P.S.: Xxxx)
MS. XXXX
D/o Sh. ……………..
R/o x,
xxx
xxxx. : COMPLAINANT
VERSUS
1. XXXX
,
2. XXXX
: ACCUSEDS
---------------------------------------------------------------------------------------
DATED :-
IN THE
COURT OF LD. CHIEF JUDICIAL MAGISTRATE; DIST. CENTRAL; TIS HAZARI COURTS, DELHI.
CRIMINAL
COMPLAINT No. _____ OF 2024.
MS. XXXX
D/o Sh. ……………..
: COMPLAINANT
VERSUS
1. XXXX
.
2. XXXX
(P.S.: Xxxx)
COMPLAINT UNDER SECTION 223
OF BHARTIYA NAGARIK SURAKSHA SANHITA FOR TAKING COGNIZANCE AGAINST THE ACCUSED
PERSONS UNDER SECTIONS …………… OF BHARTIYA NYAY SANHITA ACCOMPANIED WITH
APPLICATION UNDER SECTION 175(3) OF BHARTIYA NAGARIK SURAKSHA SANHITA.
MOST RESPECTFULLY SHOWETH
:-
1.
That the Complainant is constrained to approach this Hon’ble Court for act of cheating and
forgery done by the officials of accused no.1 and accused no.2 who connived
with each other forged her signature for availed Personal Loan of
Rs.35,00,000/- (Thirty Five lacs) dated 28th of August, 2019 and
illegally dragged the name of the Complainant in the said personal loan. 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 on
15.05.2024 was stunned to know that her ex-husband has dragged and misused her name
in the Personal Loan Account with x bearing No.x. The said loan was
individually availed by the accused no.2 x in connivance with officials of
accused no.1 Xxxx by forging the signature of the Complainant on the personal
loan agreement. The Complainant further shocked to know about the entire
conspiracy on 15.05.2024 when she saw the loan agreement documents dated
28.08.2018 filed by accused no.1 Bank before DRT-3 at the column of
co-applicant where her name XXXX is written and same is an act of forgery and
cheating to gulp public money and name of the Complainant is being dragged in a
fictitious loan transaction to which she was never a party in any manner.
4.
That the Complainant neither the
borrower nor is connected with said personal loan account in any manner and accused
no.2xxxxis solely responsible for repayment of his personal loan account. The
certified copy of the said loan agreement where alleged forged signature is
visible is annexed as Annexure to this complaint. That official/agents of the accused
no.1 Bank and accused no.2 have dishonestly / intentionally forged signature of
the Complainant in order to avail the said personal loan of Rs.35,000,00/-
(Rupees Thirty Five Lacs) and dragged her name in the said illegal loan
transaction, with complete knowledge and in a planned manner to cause wrongful
gain to themselves and wrongful loss of public money by illegally disbursing
public money in the bank account of accused no.2. Both the accused persons in
connivance with each other solely to gulp Rs.35,000,00/-for their wrong gain.
The said fraudulent act is the result of conspiracy between officials of accused
no.1 Bank and accused no.2 in order to avail personal Loan of Rs.35,000,00/-
illegally by forging the signature of the Complainant to execute personal loan
agreement. The Complainant has tried to contact official of accused no.1 Bank since
15.05.2024 and also contacted accused no.2 xxxx at x but neither both of them
responded back to the Complainant and official of bank kept on lingering the
said issue on one pretext or the other. The Complainant participating the
proceeding before Hon’ble DRT-3. All her efforts went in vain when accused no.1
Bank and accused no.2 failed to respond to the Complainant and redressed her grievance
for the illegal act of forgery by putting her signatures on the Personal Loan
Agreement dated 28.08.2018. That employees of accused no.1 Bank and accused
no.2 have committed bold act of forgery and have fraudulently signed as Xxxx on
the said Personal Loan Agreement with dishonest intention of deceiving and
misrepresenting as if same has been executed by the Complainant (Xxxx). This
fraudulent Acts were committed by Officials of accused persons to avail this
illegal loan of Rs.35,000,00/- and committed fraud and the alleged personal
loan stands vitiated against the Complainant and the same is liable to be
declared as null and void.
5.
Further in the said criminal act
where amount of Rs.35 Lacs of public money is involved FIR under relevant
provisions is demanded to be registered and investigation is required for
recovery of public money and original personal loan agreement should be sent to
CSFL to investigate that who has forged and signed in her place in the said
Personal Loan agreement which is punishable under the law.
6.
The axiomatic facts from the above clearly show that the
ulterior motive of the accused persons have conspired against the Complainant and
attempted to frame a frivolous financial liability against her by falsely
presenting the Complainant as co-borrower and harassed her due to the act of
forgery and cheating and dragged into frivolous litigations by the accused no.1
bank in collusion with the accused no.2.
7.
Thus, the accused person have committed offences under
Section …………….. of Bhartiya Nyay Sanhita and he should also be prosecuted for forgery,
cheating, criminal defamation for abusing and hurting the goodwill of the Complainant.
8.
That the Complainant lodged the written complaint to the Police
Station Xxxx, Delhi on 20.06.2024. Complainant has been has 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.
9.
That
the accused persons with their ulterior motive and in connivance with each
other and their associates with common intention have caused hurt, defaming, by committing
forgery and to cheat and criminal intimidation with malafide intent.
10.
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 /
cheating and they have committed this crime with the knowledge about the
consequences likely to arise on account of their invocation.
11.
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.
12.
That in case an urgent
FIR under Section …………….. of Bhartiya
Nyay Sanhita is not registered against the accused persons and if they
are not arrested then there is every possibility that they will cause serious prejudice
to the complainant.
13.
That as per their conduct
it is apparent that accused persons have committed the criminal acts under
Sections …………….. of Bhartiya Nyay
Sanhita as such they are liable to be prosecuted for the offence
punishable under BNS.
14.
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 XxxxVs. State of UP & Ors. (2014)x;
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.
15.
That due to unlawful acts
of the accused, complainant lodged a complaint with local police of Police
Station Xxxx on 20.06.2024, needless to say Local Police has not taken any
action against the accused persons nor has even lodged the F.I.R. till today.
16.
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.
17.
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.
18.
That as the cognizable
offences punishable under Section ……………..
of Bhartiya Nyay Sanhita have been committed within the jurisdiction of
Police Station Xxxx, the complainant got a police complaint lodged against the
above-mentioned accused at Police Station Xxxx on 20.06.2024. Hence, they are
liable to be punished for the offences as mentioned above.
19.
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.
20.
That this
In view of above facts and
circumstances, it is therefore most respectfully prayed that this Hon'ble Court
may be pleased to;-
(a) Take cognizance of the
offences under Sections …………….. of
Bhartiya Nyay Sanhita 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.
IN THE
COURT OF LD. CHIEF JUDICIAL MAGISTRATE; DIST. CENTRAL; TIS HAZARI COURTS, DELHI.
CRIMINAL
COMPLAINT No. _____ OF 2024.
(P.S.: Xxxx)
APPLICATION
UNDER SECTION 175(3) OF BHARTIYA NAGARIK SURAKSHA SANHITA FOR AND ON BEHALF OF
THE COMPLAINANT SEEKING DIRECTION TO THE SHO POLICE STATION ASHOK VIHAR FOR
REGISTRATION OF F.I.R. AGAINST THE ACCUSED PERSONS FOR THE OFFENCE UNDER SECTIONS ……………………. OF BHARTIYA NYAY SANHITA.
MOST RESPECTFULLY SHOWETH :-
1. That the complainant had
filed an accompanying complaint under Section 223 BNSS for taking cognizance of
the offences under Section …………….. of
Bhartiya Nyay Sanhita 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 Xxxx, 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 cant
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 175(3) BNSS on the complaint of the Applicant,
the police is duty bound to register the case and investigate the same.
10. That the investigation into the
abovementioned cognizable offences committed by the accused persons are 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 175(3) Bhartiya
Nagarik Suraksha Sanhita to S.H.O., P.S. Xxxx, Delhi as the cognizable
offences punishable under Sections ……………..
of Bhartiya Nyay Sanhita 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 175(3) BNSS, 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 Xxxx to register F.I.R in the
Sections …………….. of Bhartiya Nyay
Sanhita.
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. Xxxx to immediately register FIR against the accused
persons under Sections …………….. of
Bhartiya Nyay Sanhita 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.
DATED :-
IN THE
COURT OF LD. CHIEF JUDICIAL MAGISTRATE; DIST. CENTRAL; TIS HAZARI COURTS, DELHI.
CRIMINAL
COMPLAINT No. _____ OF 2024.
AFFIDAVIT
Affidavit of Ms. Xxxx D/o Sh.
…………….. aged about ……. Years, R/o xxxxSohna Road, x, do hereby solemnly affirm
and declare as under;-
1. That
I am the complainant 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 223 of the Bhartiya Nagarik Suraksha Sanhita 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 July, 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. CHIEF JUDICIAL MAGISTRATE; DIST. CENTRAL; TIS HAZARI COURTS, DELHI.
CRIMINAL
COMPLAINT No. _____ OF 2024.
AFFIDAVIT
Affidavit of Ms. Xxxx D/o Sh.
…………….. aged about ……. Years, R/o xxxx, x presently at Delhi, do hereby
solemnly affirm and declare as under;-
1. That
I am the complainant 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 175 (3) of the Bhartiya Nagarik Suraksha
Sanhita 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 July, 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.
