156 (3) Application

 

IN THE COURT OF SHRI,

CMM

 KARKARDUMA COURT, DELHI NO. _______ OF YEAR 2018 IN THE MATTER OF:  ....COMPLAINANT 

SANJEEV SAHANI VERSUS 1. SHRI ASHWANI KUMAR & ORS. 2. AMAN COLLECTION Pvt. Ltd.  Th: it’s Director/(s)

....ACCUSED

Complaint U/S

APPLICATION UNDER SECTION 156(3) OF CR.P.C FOR INVESTIGATION BY THE POLICE  _____________________________  ______________ _____________________________ ______________________  ________ 

Most respectfully showeth: 1. Tha Thatt the comp complai lainan nantt has file filed d the abov above e not noted ed com compla plaint int under secti sections ons ____ _________ __________ __________ __________ _________ _______ag ___against ainst the accused persons. The content of the same may kindly be read as part of this application.

2. Tha Thatt the Compl Complain ainant ant start started ed a par partne tnersh rship ip named Aman Collections (“Aman Collections”) in 1991 along with Accused

 

no.1 no .1,, in whic which h bo both th th the e co comp mpla lain inan antt and and accu accuse sed d no.1 no.1,, were partners.

3. Th Tha at Ac Accu cuse sed d no no.2 .2 ap app pli lie ed for for a plo plot in 20 2005 05 and and wa was s allo allott tted ed th the e sa same me.. On One e mo more re pa part rtne ner, r, wa was s late laterr ad adde ded. d.  Thereafter, a new company was incorporated in 2007 called Aman Collections Private Limited (Accused no.2) where the Accu Ac cuse sed d no no.2 .2 an and d the the co comp mpla lain inan antt we were re ac acti ting ng as th the e directors. Subsequently, in 2008, the complainant withdrew from

active

parti rticipation

of

the

Company.

After

the

comp co mpla lain inan antt wi with thdr drew ew from from ac acti tive ve pa part rtic icip ipat atio ion n of th the e Company, the Accused no.2 and other accomplice including the persons mentioned in the above subject line, by way of a well-planned and pre-conceived strategy, have been forging complainant’s signatures on several crucial documents with a mala fide intention of depriving the complainant from the Plot.

4. Tha Thatt the comp complai lainan nantt and the Accus Accused ed no.2 were partners partners in a partnership named Aman Collections that was set up in June 1991. Accused no.2 had made an application for allotment of industrial land plot (Plot number 111A, 112 measuring 5,000 square metres in the Authority’s Echotech Extention Industrial Area) in Greater Noida (the “ Plot”) in April 2005 and which plot was allotted the Plot in June 2005. Later, Accused no.2 and the complainant got another

 

partner, partne r, Mr. Jagan Nathan Venketram Venketraman an in partne partnership. rship. In March 2007, the accused no.2 and the complainant formed the Company where the Accus Accused ed no.2 and the complainan complainantt were the directors.

5. That In 2008, the comp complaina lainant nt withdre withdrew w from partici participatio pation n from fro m the Com Compan pany. y. Sub Subseq sequen uently tly,, in 201 2012, 2, the Acc Accuse used d no.2 and others (including the persons mentioned in the subject

line)

with

the

intention

of

depriving

the

complainant, of the Plot, fraudulently showed that he is the proprietor

of

Aman

Collections

and

submitted

an

application to the Authority in getting the allotment of the Plot changed from Aman Collections to the Company. Once, this th is wa was s do done ne,, th the e Ac Accu cuse sed d forc forced ed th the e co comp mpla lain inan ant, t, to resi re sign gn an and d ne new w di dire rect ctor ors s we were re th then en appo appoin inte ted d in th the e Company. It is pertinent to mention that Accused no.2 is not a proprietorship. This was a well-designed plan to first change the allotment of the Plot from Aman Collections (by  frau fraudu dule lent ntly ly sh show owin ing g th that at it is a pr prop opri riet etor orsh ship ip)) to th the e Company and then making the complainant resign from the Company hence, depriving the complainant of the Plot that was owned by a partnership in which the complainant was a partner.

6. That the co complain mplainant ant was abl able e to find out thi this s cheati cheating ng and fo forg rger ery y of do docu cume ment nts s in 20 2016 16.. Wh When en th the e co comp mpla lain inan antt

 

inve in ves sti tiga gate ted d fu furt rth her er,, he was abl ble e to get a cop opy y of th the e documents that were filed under the Company’s name. It is only then that the complainant was able to understand that the Accused persons had forged a number of documents and cheated the complainant.

7. Th That at th the e co comp mpla lain inan antt wa was s ab able le to re retr trie ieve ve a nu numb mber er of  documents from the Authority but he was shocked to notice that a number of forged documents including affidavits and a num umbe berr of do docu cume ment nts s re rela late ted d to th the e Co Comp mpan any y with ith complainant’s forged signature, were filed with the Registrar of Companies.

8. It is pertin pertinent ent to note, tha thatt due to the above above mentione mentioned d act of forgery by the accused persons, against the complainant, the application made by the Accused and his accomplices to the th e Au Auth thor orit ity, y, for for ch chan ange ge of allo allotm tmen entt of th the e Plot Plot,, fro from m Aman Collections to the Company was accepted and the Authority issued a letter for change of allotment from Aman Collections to the Company in January 2012. Hence, the comp co mpla lain inan antt ha has s be been en de depr priv ived ed from from th the e be bene nefi fits ts an and d enjoyments that he would have received from the Plot.

9. That when th the e complai complainant nant came to kno know w about this forg forgery  ery  and cheating, he was completed shocked as the Accused lured the complainant by representations and suggestions

 

that everything was going on fine in the Company and there was nothing to worry.

10.. 10

Th That at th the e com ompl pla ain inan antt un unde ders rsta tand nds s th that at th the ese ac acts ts of 

forgery, cheating and breach of trust, were done to deprive the

complainant

of

th the e

enjoyment

and

benefits

the

complainant would have received from the Plot.

11.. 11

Th That at th the e co comp mpla lain ina ant ha had d mo move ved d po poli lic ce at th the e po poli lic ce

stat statio ion n for for th the e re regi gist strat ratio ion n of F. F.I. I.R R agai agains nstt th the e ac accu cuse sed, d, however the police has not taken any action, on the same.

12.. 12

Th That at it is in th the e in inte tere rest st of the ju jus stice tice that that th the e ab abo ove

noted complaint is referred to the police at police station  __________, for the registration of F.I.R and to conduct investigation in the matter.

PRAYER:

1.

It is tth herefore, hu hum mbly re req quested th tha at, in tth he in intterest of   justice, equity, and fair play of the case the protest petiti pet ition on may kin kindly dly be acc accep epted ted,, tak take e app approp ropria riate te and legal

cognizance

against

the

accused

pers rso ons

by 

exerc ex ercis isin ing g th the e ju judi dici cial al po powe wers rs ve vest sted ed wi with th th the e Ho Hon’ n’bl ble e Court under relevant provisions of the Indian Penal Code.

2.

It also h hu umbly rre equest iis ssue d diirections tto o a ame men nd th the F FIIR on the basis of Complaint U/S 156(3) Cr.P.C and register

 

the case U/S 406, 420/34 and U/S 463,467,468/34 also U/S 471, 191 of Indian Penal Code.

3.

It

is

also

humbly

requested

to

supervise

entire

investigation and to give directions to police officials to file charge sheet without much delay.

Dated: Place:

Complainant  Through (Counsel)

 

IN THE COURT OF SHRI,

CMM

 KARKARDUMA COURT, DELHI NO. _______ OF YEAR 2018 IN THE MATTER OF:

SANJEEV SAHANI

 ....COMPLAINANT  VERSUS

3. SHRI ASHWANI KUMAR & ORS. 4. AMAN COLLECTION Pvt. Ltd.  Th: it’s Director/(s) ....RESPONDENTS

AFFIDAVIT I, SANJeev Sahani, S/O, ____________________________  R/O______ R/O__ ________ _________ __________ _________ _________ __________ __________ _____,, do hereb hereby y solem solemnly  nly  affirm as under:-

1. That I am the complainant in the above said protest petition which has been filed by me and well conversant with the facts and circumstance of the case. 2. That the contents of the complaint has been read and explained to me in vernacular language i.e., Hindi/English and I understood the contents thereof. 3. That I further state that the contents thereof are true and correct to the best of my knowledge and belief.

DEPONENT

VERIFICATION

 

Verified at New Delh Verified Delhii on this day of Novem November, ber, 2018 that the contents of the above affidavit are true and correct to best of my  knowledge.

DEPONENT

IN THE COURT OF SHRI,

CMM

 KARKARDUMA COURT, DELHI NO. _______ OF YEAR 2018 IN THE MATTER OF:  ....COMPLAINANT 

SANJEEV SAHANI VERSUS 5. SHRI ASHWANI KUMAR & ORS. 6. AMAN COLLECTION Pvt. Ltd.  Th: it’s Director/(s)

....RESPONDENTS

AFFIDAVIT I, SANJeev Sahani, S/O, ____________________________  R/O______ R/O__ ________ _________ __________ _________ _________ __________ __________ _____,, do hereb hereby y solem solemnly  nly  affirm as under:1. That I am the comp complaina lainant, nt, in the accompan accompanying ying complaint complaint filed by me and well conversant with the facts and circumstance of the case and the same are not repeated here for the sake of brevity. 2. That the contents of the present application had been read and explained to me in vernacular language i.e., Hindi/English and I understood the contents thereof. 3. That I further state that the contents thereof are true and correct to the best of my knowledge and belief.

DEPONENT VERIFICATION

 

Verified at New Delh Verified Delhii on this day of Novem November, ber, 2018 that the contents of the above affidavit are true and correct to best of my  knowledge.

DEPONENT