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VERSUS
SH. KAPIL GULATI …ACCUSED
INDEX
COMPLAINANT
THROUGH
DELHI
DATED:
NISHANT SHARMA
ADVOCATE
EMAIL: SHARMA.NISHANT91.NS@GMAIL.COM
MOB: 9953681574
VERSUS
SH KAPIL GULATI …ACCUSED
MEMO OF PARTIES
VERSUS
COMPLAINANT
THROUGH
DELHI
DATED:
NISHANT SHARMA
ADVOCATE
EMAIL: SHARMA.NISHANT91.NS@GMAIL.COM
MOB: 9953681574
VERSUS
SH KAPIL GULATI,
PASCHIM VIHAR,
4. That the complainant and accused both approach the office of sub-
registrar to get the rent agreement registered on 02.06.2020, in the
morning, after completing the compulsory requirements on 01.06.2020
late evening, vide allotted registration no 7424 dt. 02.06.2020 as the
stamp paper was also already purchased by the complainant himself. But
due to some certain technical reasons, the registrar refused to register the
rent agreement & suggest both of them to get the notary registration of
the same. Consequently, the complainant and accused both have agreed
to execute a rent agreement through notary register. The original rent
agreement with notary entry number 3984 of page no 403 dated
02.06.2020 is annexed as ANNEXURE-A.
5. That the bare perusal of the rent agreement dated 02.06.2020, will clearly
shows that on the request of accused, complainant has agreed to let out
the said property for the monthly rent of Rs 15,000/-(fifteen thousand
only) per month excluding electric charges which was decided to be paid
on or before 1st day of each calendar month.
6. That it is pertinent to mention herein that as per the terms and conditions
stipulated in the rent agreement, on 02.06.2020, the accused was under
the obligation to pay the rent on time i.e. first day of every each calender
month and if there is a default in payment of rent, then the accused shall
be liable and penalized to pay the same along with interest at the rate of 2
percent per month to the complainant.
7. That in the last week of October, 2020, accused along with his family
members had tried several times in a well-planned manner to pressurize,
threatening the complainant and his family members i.e. father of the
complainant and forcing them to forget the possession of the tenanted
premises, again in future and even after the complainant had also warned
the accused via whatsapp messages regarding not adopting illegal
activities again in future but all the efforts of complainant were in vein.
12.That the accused person was under an obligation that there is sufficient
balance in the accused account and should not stop the payment of
cheque given for discharge of his liability, so that the cheque given to the
complainant are honored and cleared on their presentation. However, the
said cheque has been returned as dishonored which shows that from the
very initial stage the accused intentions are dishonest/malafide and the
accused have no intention of paying the amount legally due to
complainant.
15.That the present complaint petition has been filed by the complainant
within the limitation period as the said cheque was presented for payment
on 02-12-20 and thereafter the same was returned unpaid to the
complainant vide memo dated 07.12.2020 with remarks “payment
stopped by drawer”. The legal notice dated 18-12-20 was sent to the
accused on 18-12-2020 but the same has been returned back. It is
pertinent to mention herein that the address upon which the said notice
was served is the last known address of the accused given by accused
person to the complainant and even the same address was mentioned in
Adhaar card of the accused, given at the time of verification of tenant.
The original return envelope and copy of Adhaar card are annexed as
ANNEXURE F & G.
16.That the documents, filed along with the complaint, or either true copies
of its respective originals and/or the genuine and authentic documents.
17.That this Hon'ble court has legal and territorial jurisdiction to entertain
the present complaint because cheque given by the accused, has been
dishonored within the jurisdiction of this Hon'ble court and within the
jurisdiction of police station Tilak Nagar New Delhi, hence this Hon'ble
court has jurisdiction to adjudicate the present complaint.
PRAYER
c) Punish the accused with imprisonment for a term of two years with fine,
twice to the cheque amount.
d) Pass order for payment of the compensation out of the fine amount
under section 357 of Cr. P.C. read with section 117 of the Negotiable
Instrument Act in favour of the complainant in the interest of justice.
DELHI COMPLAINANT
THROUGH
ADVOCATE
EMAIL: SHARMA.NISHANT91.NS@GMAIL.COM
MOB: 9953681574
AFFIDAVIT
I, Sh. Shubham Sharma, S/o SH. Jag Parvesh Sharma, R/O WZ-
48/4D, Street No-8, Krishna Park Extension, Opposite New Mahavir Nagar,
P.O. Tilak Nagar, NEW DELHI-110018, aged about 25 years, do hereby
solemnly affirm and declare as under:-
1. That I am the Deponent in the above noted case and well conversant
with the facts and circumstances of the present case and competent to
swear this affidavit.
DEPONENT
VERIFICATION:
Verified at Delhi on this __day of January, 2021 that the contents of
my above affidavit are true and correct and nothing material has been
concealed there from.
DEPONENT
VERSUS
SH KAPIL GULATI …ACCUSED
LIST OF DOCUMENTS
S.No PARTICULARS
1. Original cheques bearing number 196725
Dt.01.11.2020, amounting Rs.15,000/- drawn at
The Central Bank of India , Branch – Madipur,
New Delhi, out of the accused’s account bearing
No. A/c 3549520162, dated 01.11.2020.
DELHI COMPLAINANT
THROUGH
ADVOCATE
EMAIL: SHARMA.NISHANT91.NS@GMAIL.COM
MOB: 9953681574
IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE,
TIS HAZARI COURT, NEW DELHI
COMPLAINT CASE NO. _________/2020
VERSUS
SH KAPIL GULATI …ACCUSED
LIST OF WITNESSES
1. Complainant himself.
2. Record keeper/ clerk of the accused’s bank with record of the cheque
bearing No. 196725, amounting of Rs. 15,000/- (Rupees Fifteen
Thousand Only) respectively, drawn on Central Bank of India, Branch
– Madipur, New Delhi, from the accused’s account bearing No. A/c
3549520162, dated 01.11.2020.
3. Record keeper/ clerk of the complainant bank HDFC Bank Ltd., Ajay
Enclave, Subhash Nagar, New Delhi, with record of the cheque
bearing No. 196725, amounting of Rs. 15,000/- (Rupees Fifteen
Thousand Only).
4. Postal Authorities
5. Any other witness, with the permission of this Hon'ble Court, if
required.
COMPLAINANT
THROUGH
DELHI
DATED:
NISHANT SHARMA
ADVOCATE
EMAIL: SHARMA.NISHANT91.NS@GMAIL.COM
MOB: 9953681574
IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE,
TIS HAZARI COURT, NEW DELHI
COMPLAINT CASE NO. _________/2021
VERSUS
SH KAPIL GULATI …ACCUSED
I, Sh. Shubham Sharma, S/O SH. Jag Parvesh Sharma, R/O WZ-
48/4D, Street No-8, Krishna Park Extension, Opposite New Mahavir Nagar,
P.O. Tilak Nagar, NEW DELHI-110018, aged about 25 years, do hereby
solemnly affirm and declare as under:-
3. That the accused approached the deponent in the last week of May,
2020 and expressed his readiness and willingness to take the above
said shop no.1 at Property bearing no. WZ-48/4D, Street No.08,
Krishna Park Extension, Opposite New Mahavir Nagar, Tilak Nagar,
New Delhi-110018 (100 Square feet), on rent for commercial
purposes and the deponent, after the request made by the accused,
agreed to let out the shop and after thorough discussion and
negotiations, all the terms and conditions arrived at, which became
part and parcel of Rent agreement executed on 02.06.2020 between
the accused and the deponent.
4. That the deponent and accused both approach the office of sub-
registrar to get the rent agreement registered on 02.06.2020, in the
morning, after completing the compulsory requirements on
01.06.2020 late evening, vide allotted registration no 7424 dt.
02.06.2020 as the stamp paper was also already purchased by the
deponent himself. But due to some certain technical reasons the
registrar refused to register the rent agreement & suggest both of them
to get the notary registration of the same. Consequently, the deponent
and accused both has agreed to execute a rent agreement through
notary register. The original rent agreement with notary entry number
3984 of page no 403 dated 02.06.2020 is annexed as EX-CW1/1.
5. That the bare perusal of the rent agreement dated 02.06.2020, will
clearly shows that on the accused request, deponent has agreed to let
out the said property for the monthly rent of Rs 15,000/-(fifteen
thousand only) per month excluding electric charges which was
decided to be paid on or before 1st day of each calendar month.
7. That in the last week of October, 2020, accused along with his family
members had tried several times in a well-planned manner to
pressurize, threatening the deponent and deponents’ father and forcing
them to forget the possession of the tenanted premises, again in future
and even after the deponent had also warned the accused via whatsapp
messages regarding not adopting illegal activities again in future but
all the efforts of deponent were in vein.
8. That on 1st day of December,2020, the deponent had made asked the
accused several times for the rent of month of November and
December as well as electricity dues of earlier months but he did not
deem it necessary to discharge his obligations by making the
payments but on one pretext or other, every time he sought time after
giving promise to deponent that the all the due amount would be paid.
15.That the present complaint petition has been filed by the deponent
within the limitation period as the said cheque was presented for
payment on 02-12-20 and thereafter the same was returned unpaid to
the Deponent vide memo dated 07.12.2020 with remarks “payment
stopped by drawer”. The legal notice dated 18-12-20 was sent to the
accused on 18-12-2020 but the same has been returned back. It is
pertinent to mention herein that the address upon which the said
notice was served is the last known address of the accused given by
himself to the deponent and even the same address was mentioned in
the of Adhaar card of the accused. The original return envelope and
copy of Adhaar card are annexed as EX-CW1/6 and EX-CW1/7.
16.That the documents, filed along with the complaint, or either true
copies of its respective originals and/or the genuine and authentic
documents.
DEPONENT
VERIFICATION:
DEPONENT
VERSUS
SH KAPIL GULATI …ACCUSED
AFFIDAVIT U/S 65 (B) 4 OF THE EVIDENCE ACT ON BEHALFOF
THE DEPONENT/APPLICANT NAMELY INDU CHOPRA
I, Sh. Shubham Sharma, S/O SH. Jag Parvesh Sharma, R/O WZ-
48/4D, Street No-8, Krishna Park Extension, Opposite New Mahavir Nagar,
P.O. Tilak Nagar, NEW DELHI-110018, aged about 25 years, do hereby
solemnly affirm and declare as under: -
3. That the Deponent has filed track reports of the speed post, by which
legal notice was send to the accused on dated 07.12.2020, which is a
part of the pleading of the case and same are true, as per record,
nothing has been manipulated or edited on the part of the deponent.
The deponent has placed the true copy of print outs, duly available on
the website of the India Post.
DEPONENT
VERIFICATION:-
DEPONENT