Professional Documents
Culture Documents
VERSUS
the facts of the case and know the Accused Person. Hereto annexed and
3) That in or around 22nd March, 2014, the accused namely Mr. Rahul
contracts through the Bombay Stock Exchange Limited (BSE) and National
Segment.
signing and delivering Client Registration Form and executing Rights and
The accused has also furnished while executing the KYC, various other
signed and executed by the Accused with the Complainant at the time of
5) Since the date of opening of his trading account with the Complainant,
accused has actively carried out trades and transactions in his account
through National Stock Exchange of India Limited (NSEIL) under his client
respect of the same have been delivered to the Accused in due course,
nature.
HDFC Bank Ltd, Fort Mumbai branch, towards the margin requirement /
pay in obligations for his dealing in Bombay Stock Exchange Limited (BSE)
staff and conveyed that he has tendered a cheque bearing no. 622847
(Rupees Two Crores Fifty Eight Lakhs only) in HDFC Bank, Solan Branch for
deposit in the complainant’s bank account, to meet up/ fulfill his margin
of the Complainant that he had sent a scan image of cheque bearing no.
HDFC bank, Solan Branch over mail. On the basis of representation made
(Rupees Two Crores Fifty Eight Lakhs Only) drawn on UCO Bank, Solan
HDFC Bank, Solan Branch, the Complainant reasonably believed that the
said cheque has been deposited in their account and permitted the
bearing no. 622848 drawn on UCO Bank, Solan Branch amounting to Rs.
1,65,00,000/- (Rupees One Crore Sixty Five Lakhs Only) in HDFC Bank,
Accused has again represented to the branch staff that he has sent the
no. 622848 amounting to Rs. 1,65,00,000/- (Rupees One Crore Sixty Five
Lakhs only) drawn on UCO Bank and counter folio of deposit slip
were not credited in their bank account maintained with HDFC Bank
Complainant.
(Rupees One Crore Forty For Lakhs Thirteen Thousand Six Hundred
Twenty Five and Paise Forty Five) as on January 14, 2015, Rs.
5,24,52,454.02 (Rupees Five Crore Twenty Four lakhs Fifty two Thousand
Four Hundred Fifty Four and Paise Two only) on January 15, 2015, Rs.
7,23,81,132.15 (Rupees Seven Crores Forty Lakhs Eight Thousand Three
Hundred Seventy two and Paise Seventy Two Only) on January 19, 2015
11) After due investigation of the said matter, Complainant learned that
the accused in collusion with staff/ official of HDFC bank Ltd., Solan
Branch have forged and fabricated counter folio of two cheque deposit
slips dated January 16, 2015 and January 17, 2015. Further, the accused
with malafide intention used the aforesaid forged and fabricated cheque
deposit slips dated January 16, 2015 and January 17, 2015 to convince the
MTM loss to the tune of Rs. 1,33,78,396.73 (Rupees One Crore Thirty
Three Lakhs Seventy Eight Thousand Three Hundred Ninety Six and Paise
Seventy Three only), which was due and payable by the accused to the
trading account.
12) After realization of accused said illegal act, the Complainant’s senior
official personally had several meetings with the accused in the month
(Rupees One Crore Thirty Three Lakhs Seventy Eight Thousand Three
Hundred Ninety Six and Paise Seventy Three only), being outstanding
Complainant.
13) During the personal meetings with the senior official of the
and fabricated the counter folio of deposit slip in collusion with HDFC
Bank officials and used the same as genuine and induced our client to
Complainant’s account.
Bank Name
15) That at the time of handing over the above mentioned cheques, the
accused had assured the Complainant that the said cheques will be
mentioned cheques.
16) That on the basis of assurances given by the accused, the Complainant
presented the above said cheques with its Banker namely, HDFC Bank
Limited, Fort, Mumbai 400 001 on 12/04/2016. It was to the utter surprise
and shock for the Complainant that on presentation of the said cheques
for payment, the same were returned unpaid vide returning memo dated
Thousand Lakhs Seventy Eight Thousand Three Hundred Ninety Six and
Paise Seventy Three only), the accused had no intention to pay the
17) That on account of the dishonor of the said cheques, the Complainant
had served a legal notice dated 10/05/2016 through their Advocate Ms.
for the dishonor of cheque, calling upon the Accused Person to make the
(Rupees One Crore Twenty Lacs Only) issued towards part payment of
outstanding dues within 15 days of the receipt of the said notice by them,
Section of the 138 r/w 141, 142 of the Negotiable Instruments Act (as
amended) and under Section 420 read with 34, 120 (b) of I. P. C. of the
Indian Penal Code. Hereto annexed and marked Exhibit “C” is demand
Advocate.
18) The said notice had been posted to the Accused Persons by Speed
19) That the Accused has received the said notice issued by the
20) That the accused have failed to make payment of the aforesaid
the cheques, the Accused Person was fully aware that the said cheques
Accused had no intention to make the payment towards his liabilities. The
Accused Person has failed to make the payment against the dishonored
Complainant through its Advocate u/s. 138 r/w 141, 142 of the Negotiable
Instruments Act, 1881 (As amended) within stipulated time. Thus the
r/w 141, 142 of the Negotiable Instruments Act, 1881 and deserve to be
21) That in view of the facts and circumstances, the Complainant has a
cause of action and right to file the present complaint. The cause of
the notice period, the Accused has not come forward to pay the amount
continuing in nature.
22) That the cheques have been returned dishonored on 12/04/2016, the
within the prescribed time as provided u/s. 142 (b) of the N.I. Act, 1881.
The cheque was deposited for payment at HDFC Bank, Fort, Mumbai
400 001 and the same was drawn on HDFC Bank, Solan, Himachal
Section 138 r/w 141, 142 of the Negotiable Instruments Act (As
amended).
23) That the complaint is well within limitation period under the Act:-
24) That a list of documents and list of witnesses are annexed with this
complaint.
PRAYER
Only) and
c) For such other and further reliefs as this Hon’ble Court may
Complainant
LIST OF DOCUMENTS
LIST OF WITNESS
1) The Manager,
HDFC Bank Ltd.,
Solan Branch,
Himachal Pradesh.
2) The Manager,
HDFC Bank Ltd,
Fort Branch,
Mumbai.