IN THE COURT OF METROPOLITAN MAGISTRATE

AT ANDHERI, MUMBAI

CRIMINAL CASE NO.____________/SS/ 2023

Crown Tapes Private Limited through its Authorised Representative, Mr.

Vijaykumar Amarnath Tiwari …Complainant

Versus

3D Mega Structures Private Limited & Ors. …Accused

INDEX

Sr. Date Particulars Page Nos.

No.

1. Roznama A–C

2. 02/01/2023 Complaint

3. 02/01/2023 List of Witnesses

4. 02/01/2023 List of Documents

5. 02/01/2023 Exhibit “A”

Copy of the Company Master Data available on the website

of the Ministry of Corporate Affairs in respect of the

Accused No. 1.
Sr. Date Particulars Page Nos.

No.

6. Exhibit “B”

10.09.2020

Copy of the Invoice bearing no. DNH-175/20-21 dated

September 10, 2020 whereby the said goods amounting to

Rs. 1,32,632/- (Rupees One Lakh Thirty Two Thousand Six

Hundred and Thirty Two Only) were delivered by the

Complainant to the Accused No. 1 as per the request of the

Accused No. 2 and which were duly received and

acknowledged by the Accused No. 1.

7. Exhibit “C”

19.10.2022

Copy of the Return Memo dated October 19, 2022 issued by

the Kotak Mahindra Bank, Clearing Branch, Mumbai with

respect to the Intimation of dishonor of the said Cheque

[being cheque bearing no. 002343 dated October 10, 2022

drawn on Kotak Mahindra Bank for an amount of Rs.

1,32,630/- (Rupees One Lakh Thirty Two Thousand Six

Hundred and Thirty Only) issued by the Accused No. 1 with

the knowledge and the approval of its Director, Ms.

Manisha Rewale alias Manisha Ketan Khaire, the Accused

Sr. Date Particulars Page Nos.

No.

No. 2, together with such Dishonoured Cheque.

8. Exhibit “D”

Copy of the Statutory Demand Notice bearing no.

TL/CTPL/234/1/2022 dated November 16, 2022 addressed

by the Complainant’s Advocate to the Accused No. 1 as

well as its Directors being Accused No. 2 to 3 under Section

138 of the Negotiable Instruments Act, 1881, as amended

up to date.

9. Exhibit “E Collectively”

16.11.2022

Copies of the receipts of Registered Post Acknowledgement

Due dated November 16, 2022 issued by India Post.

10. Exhibit “F”

23.11.2022

Copy of the email sent by the Complainant’s Advocate to

the Accused No. 1 as well as to the Accused No. 2 attaching

the scanned copy of the Statutory Demand Notice dated

November 16, 2022 under Section 138 of the Negotiable

Instruments Act, 1881 as amended upto date.

Sr. Date Particulars Page Nos.

No.

11. Exhibit “G Collectively”

23.11.2022

Copy of the screenshot of the whatsapp message sent by the

Complainant’s Advocate to the Accused No. 2 attaching the

scanned copy of the Statutory Demand Notice dated

November 16, 2022 under Section 138 of the Negotiable

Instruments Act, 1881 as amended upto date along with the

message information in respect thereof confirming that the

same was not only delivered to the Accused No. 2 but was

also read by her.

12. Exhibit “H Collectively”

Copies of the Envelope containing the original copy of the

Statutory Demand Notice dated November 16, 2022 under

Section 138 of the Negotiable Instruments Act, 1 881 as

amended upto date issued by the Complainant’s Advocate

to the Accused No. 1 as well as its Directors being Accused

No. 2 and 3 returned by the Postal Authorities with certain

remarks thereon.
Sr. Date Particulars Page Nos.

No.

13. 02/01/2023 Affidavit in Support of the Complaint

14. 02/01/2023 Vakalatnama

15. 02/01/2023 Memorandum of Address

LAST PAGE NO.

 IN THE COURT OF METROPOLITAN MAGISTRATE

AT ANDHERI, MUMBAI

CRIMINAL CASE NO.____________/SS/ 2022

Crown Tapes Private Limited through its Authorised Representative, Mr.

Vijaykumar Amarnath Tiwari …Complainant

Versus

3D Mega Structures Private Limited & Ors. …Accused

ROZNAMA
 IN THE COURT OF METROPOLITAN MAGISTRATE

AT ANDHERI, MUMBAI

CRIMINAL CASE NO.____________/SS/ 2022

Crown Tapes Private Limited, a private limited )

company incorporated under the Companies Act, )

1956 and having its registered office at B/201, )

Dynasty Business Park, Kanankia Spaces, Andheri )

(East), Mumbai- 400 059 through its Authorized )

Representative Mr. Vijaykumar Amarnath Tiwari, )

aged ___ years )

CIN: U24293MH1997PTC105530 )

Mobile No.: )

Email: )

) …Complainant

Versus

1. 3D Mega Structures Private Limited, a private )

limited company incorporated under the )

Companies Act, 1956 and having its registered )

office at D25/2, TTC MIDC, H.P Pipe Road,

 opp. Balmer Lawrie & Co., Eicher Truck )

Compound, Turbhe, Navi Mumbai, Thane – )

400 705. )

CIN: )

Mobile No.: )

Email: )

2. Ms. Manisha Rewale alias Manisha Ketan )

Khaire, Director of 3D Mega Structures Private )

Limited, a private limited company )

incorporated under the Companies Act, 1956 )

and having its registered office at D25/2, TTC ) …Accused No. 1

MIDC, H.P Pipe Road, opp. Balmer Lawrie & )

Co., Eicher Truck Compound, Turbhe, Navi )

Mumbai, Thane – 400 705. )

Mobile No.: )

Email: )

3. Prakash Rewale, Director of 3D Mega )

Structures Private Limited, a private limited )

company incorporated under the Companies )

Act, 1956 and having its registered office at )

D25/2, TTC MIDC, H.P Pipe Road, opp. )

Balmer Lawrie & Co., Eicher Truck

Compound, Turbhe, Navi Mumbai, Thane – )

400 705. )

Mobile No.: )

Email: )

) …Accused No. 2

) …Accused No. 3
 COMPLAINT U/S 138 R/W 141

NEGOTIABLE INSTRUMENTS ACT, 1888.

MAY IT PLEASE YOUR HONOUR:

The Complainant above named most respectfully do hereby state and submit as under:

1. The Complainant is a private limited company incorporated under the Companies Act, 1956 having

Corporate Identification No. U24293MH1997PTC105530 and with its registered office located at

address mentioned in the cause title above.

2. As per the knowledge of the Complainant as well as per the information available on the website of

the Ministry of Corporate Affairs, the Accused no. 1 is also a private limited company incorporated

under the Companies Act, 1956 having Corporate Identification No. ___________ having its

registered office located at address mentioned in the cause title above whereas the Accused No. 2 to

Accused No. 3 are known to be the Founding as well as present Directors of the Accused No. 1.

Copy of the Company Master Data available on the website of the Ministry of Corporate Affairs in

respect of the Accused No. 1 is annexed and marked hereto as Exhibit “A”.

3. The Facts and circumstances leading up to filing of the present Complaint are set out below:

a. The Complainant is inter alia engaged in the business of manufacturing and distribution

of Industrial Tapes (“said Goods”) and that, the Accused No. 1 and the Complainant

share a long standing business relationship which had been a reason for it to supply to the

former with the said Goods without taking any advance from them.
b. Having said that, in and around, September, 2020, the Accused No. 1 approached our

client for supply of various quantities of the said Goods and accordingly, Accused No. 1

and its representatives being the Accused No. 2 placed orders with the Complainant for

the said Goods (“said Order”).

c. Upon receipt of each of the said Order, the Complainant acting upon such order duly and

promptly supplied to the Accused No. 1, the said Goods of the required specification in

the required quantity as specified in the said Order and raised corresponding invoice for

the same which was duly delivered to the Accused No. 1.

d. Accordingly, the Complainant duly fulfilled the said Order and had effectively delivered

the said Goods ordered by the Accused No. 1 thereunder. It is pertinent to note that, such

delivery of the said Goods by the Complainant to the Accused No. 1 were also duly

acknowledged by it. The details of the said Goods which were delivered by the

Complainant to the Accused No. 1 along with the details of the Tax Invoice in respect

thereof are tabulated as under (“said Invoices”):

Invoice No. Invoice date Description of goods HSN/ No. of Pkg. Qty. Rate Total

SAC Amt.

(in Rs.)

DNH- 10.09.20 9923 24MMX30M 48114100 (20x40) 800 145 per 1,32,632

175/20-21 (6RLS/PK) pack

Paper Tape

Copies of the said Invoice is annexed and marked hereto as Exhibit “B”.
e. It is pertinent to note that, Rs. 1,32,632/- (Rupees One Lakh Thirty Two Thousand Six

Hundred and Thirty Two Only) was due and payable by the Accused No. 1 to the

Complainant in terms of the said Invoice and as per the terms of such Invoice, the

payment thereunder was to be made within a period of 30 days from the date of such

invoice.

f. Accordingly, it is relevant to note that, the said Invoice became over due on October 10,

2020. It is also relevant to note that, in terms of the said Invoice, the Accused No. 1 was

under obligation to remit an amount of Rs. 1,32,632/- (Rupees One Lakh Thirty Two

Thousand Six Hundred and Thirty Two Only) to the Complainant in discharge of its legal

dues thereunder (“Outstanding Amount”). Thus, as a natural consequence thereof,

Accused No. 1 was indebted to the Complainant for the Outstanding Amount and the

Accused No. 1 was bound, liable and obliged to make the payment of such outstanding

amount to the Complainant within time period specified in the said Invoice.

g. Despite raising the said Invoice, the Accused failed to clear the same within the duration

of payment mentioned therein.

h. Consequently, even after regular follow-ups and repeated oral reminders by the

Complainant, the Accused No. 1 through the Accused No. 2 merely kept on giving

assurances but failed to remit full amount towards the said Invoice. Thus, the Accused

No. 1 had failed to make payment of the Outstanding Amount to the Complainant even

though the Accused No. 1 had on several occasions acknowledged its liability of payment

in respect of the same.

i. In fact, needless to point out that, the Confirmation of Accounts dated March 1, 2022 for

the period commencing from April 1, 2021 and ending on February 28, 2022 which was

circulated by the Complainant to the Accused No. 1 were not only duly acknowledged by

it but were also duly endorsed by the Accused No. 1 through the Accused No. 2 on March

8, 2022 whereby the Accused No. 1 without any demur whatsoever admitted its liability

to pay the said Outstanding Amount to the Complainant.

j. As a result, not only the said Invoice but even the said Outstanding Amount payable

thereunder had remained due and outstanding to be cleared by you.

k. It is crucial to note that, upon, repeated follow ups and numerous reminders from the

Complainant seeking payment of the said Outstanding Amount, the Accused No. 1 finally

issued a Cheque bearing no. 002343 dated October 10, 2022 drawn on Kotak Mahindra

Bank for an amount of Rs. 1,32,630/- (Rupees One Lakh Thirty Two Thousand Six

Hundred and Thirty Only) in favour of the Complainant towards partial discharge of such

outstanding amount (“said Cheque”). The Accused No. 1 through the Accused No. 2 also

assured and promised the Complainant that the said Cheque shall be honored upon

presentation thereof.

l. Even though the Complainant was wary of the assurances and promises of the Accused

No. 1 as well as Accused No. 2 due to their past conduct, the Complainant in good faith

still choose to trust them and believed all of their assurances and also acceded to their

request by accepting the said Cheque in partial discharge of the said Outstanding Amount

instead of a bank transfer.

m. Accordingly, on October 15, 2022, the Complainant presented the said Cheque at its

ICICI Bank Ltd. J.B. Nagar Branch Andheri, Mumbai where the Complainant normally

maintains and operates its own accounts, for encashment, well within the validity period

of such Cheque.

n. However, to the utter shock and surprise of the Complainant, the said Cheque was

dishonoured for non-payment by the banker of the Accused with the remarks “Funds

Insufficient”. The intimation of the dishonor of the said Cheque was received by the

Complainant on October 21, 2022. Copy of the Return Memo issued by the Kotak

Mahindra Bank, Clearing Branch, Mumbai together with the Dishonoured Cheque is

annexed and marked hereto as Exhibit “C”.

o. Therefore, the Complainant upon receiving the intimation of the dishonor of the said

Cheque on October 21, 2022, the Complainant through their Advocate addressed to the

Accused No. 1 as well as the Accused No. 2 and Accused No. 3 being the Directors of the

Accused No. 1, a statutory demand notice bearing reference no. TL/CTPL/234/01/2022

dated November 16, 2022 under Section 138 of the Negotiable Instruments Act, 1881, as

amended upto date (“said Act”) inter alia setting out the aforesaid facts, within the

statutory period of one (1) month provided for in the said Act and called upon the

Accused No. 1 as well as the Accused No. 2 and Accused No. 3 being the Directors of the

Accused No. 1 jointly as well as severally to make the payment of Rs. 1,32,630/- (Rupees

One Lakh Thirty Two Thousand Six Hundred and Thirty Only), being the amount of said

Cheque which was dishonoured within the Statutory period of Fifteen (15) days from the
 date of receipt of such Notice by them (“said Demand Notice”). Copy of the statutory

demand notice bearing reference no. TL/CTPL/234/01/2022 dated November 16, 2022

under Section 138 of the said Act addressed by the Complainant's Advocate to the

Accused No. 1 as well as its partners being Accused No. 2 to Accuse No. 6 is annexed

and marked hereto as Exhibit “D”.

p. It is pertinent to note that, the said Demand Notice was not only posted to the Accused

No. 1 as well as the Accused No. 2 and Accused No. 3 being the Directors of the Accused

No. 1 through:

i. Registered Post Acknowledgement Due on November 16, 2022 at the

registered office address of the Accused No. 1 being the address as mentioned

in the cause title above and which also appears as registered office address of

the Accused No. 1 in the said Company Master Data.

but was also posted to them through:

ii. email at "manisha_rewale@yahoo.com” which is the Official Email of the

Accused No. 1 as well as of Accused No. 2 as per the said Company Master

Data on November 23, 2022; and

iii. whatsapp at “+91 97699 27689” which was known to the Complainant and its

representative as the number of the Accused No. 2 on November 23, 2022.

 Copies of the receipts of Registered Post Acknowledgement Due dated November 16,

2022 are annexed and marked hereto as Exhibit “E Collectively” whereas the copy of the

email sent by the Complainant’s Advocate to the Accused No. 1 as well as the Accused

No. 2 and Accused No. 3 being the Directors of the Accused No. 1 attaching the scanned

copy of the said Demand Notice is annexed and marked hereto as Exhibit “F” while

Copy of the screenshot of the whatsapp message sent by the Complainant’s Advocate to

the Accused No. 2 attaching the scanned copy of the said Demand Notice along with the

message information in respect thereof confirming that the same was not only delivered to

the Accused No. 2 but was also read by her is annexed and marked as Exhibit “G

Collectively”.

q. Accordingly, the said Demand Notice was duly delivered to the Accused No. 1 as well as

the Accused No. 2 and Accused No. 3 being the Directors of the Accused No. 1 on:

i. whatsapp on November 23, 2022 and such whatsapp message was read by the

Accused No. 2 over whatsapp on the even date i.e. November 23, 2022; and

ii. Email on November 23, 2022

However, the said Demand Notice posted to the Accused No. 1 as well as the Accused

No. 2 and Accused No. 3 being the Directors of the Accused No. 1 through Registered

Post Acknowledgement Due at the registered address of the Accused being the address as

mentioned in the cause title above and which also appears as registered office address of

the Accused No. 1 in the said Company Master Data was returned to the Complainant’s
 Advocate by the Postal Authorities with certain remarks. Hereto annexed and marked as

“Exhibit G Collectively” are copies of the Envelope containing the original copy of the

Statutory Demand Notice bearing reference no. TL/CTPL/234/01/2022 dated November

16, 2022 under Section 138 of the Negotiable Instruments Act, 1 881 as amended upto

date, issued by the Complainant’s Advocate to the Accused No. 1 as well as its Directors

being Accused No. 2 and 3 returned by the Postal Authorities with certain remarks

thereon.

r. It is noteworthy to point that, at the time of issuing the said Cheque, the Accused No. 1

through the Accused No. 2 had even assured the Complainant, that aforesaid cheque is

good for value and will be honored as and when presented but the fact that the said

cheque was dishonoured indicates that the Accused No.1 on the instructions of the Ac-

cused No. 2 and 3 and with their knowledge had wilfully issued the said Cheque without

having any intentions of honouring the same since the Accused No. 1 was very well

aware that its account lacks the sufficient balance for it to be cleared and/or honoured.

Thus, the Accused No. 1 has not only failed to discharge its liability but have also consid-

erably failed to comply with the provisions of the law.  As a result, it has become abund-

antly evident that, the Accused No. 1 had no intention to honour the assurance and prom-

ises made by it through the Accused No. 2 to the Complainant in respect of the discharge

of its liability towards payment of the said Outstanding Amount.

s. It is also noteworthy to point that:

 i. the said Cheque issued by the Accused No. 1 to the Complainant in partial dis-

charge of the said Outstanding Amount was duly signed by the Accused No. 2;

and

ii. even the said Confirmation of Accounts whereby the liability towards payment

of the said Outstanding Amount was acknowledged by the Accused No. 1 was

also endorsed by the Accused No. 2 on its behalf.

4. The Complainant states and submits that the issuance of the said Cheque by the Accused No. 1 with

the knowledge and approval of the Accused No. 2 and Accused No. 3 being the directors thereof,

without having sufficient funds in the bank is an act which has been done deliberately, mischievously

& malafidely with an intention to cheat the Complainant. The Accused No. 1 as well as Accused No.

2 and Accused No. 3 being the Directors of the Accused No. 1 were completely aware of the fact that

on presentation of the said Cheque same would never be honored because of insufficiency of funds

in their Account.

5. The Complainant also states and submits that:

a. it had presented the said Cheque with its Bankers prior to the expiry of the time period of

3 (three) months prescribed for the presentation of the same under the said Act.

b. Accused No. 1 as well as the Accused No. 2 and Accused No. 3 being the Directors of the

Accused No. 1, have jointly as well as severally failed to make the payment of Rs.

1,32,630/- (Rupees One Lakh Thirty Two Thousand Six Hundred and Thirty Only) being
 the amount of said Cheque which was dishonoured within the Statutory period of Fifteen

(15) days from the date of receipt of the said Notice by each one of them.

c. the said Cheque was issued by the Accused No. 1 as well as the Accused No. 2 and

Accused No. 3 being the Directors of the Accused No. 1 knowing fully well that the

account on which the said Cheque was drawn on did not have funds sufficient enough to

honor such Cheque.

d. Accused No. 1 as well as the Accused No. 2 and Accused No. 3 being the Directors of the

Accused No. 1 thereof were also aware that said Cheque was given in due discharge of

their liability towards the Complainant.

e. Accused No. 1 as well as the Accused No. 2 and Accused No. 3 being the Directors of the

Accused No. 1, have deliberately failed and neglected to make the payment of the

aforesaid Cheque.

Thus, it is clear that the Accused No. 1 as well as the Accused No. 2 and Accused No. 3 being the

Directors of the Accused No. 1 have failed to discharge their liability towards the Complainant either

jointly as well as severally. Therefore, the Accused No. 1 as well as the Accused No. 2 and Accused

No. 3 being the Directors of the Accused No. 1, have committed an offence under section of 138 of

the Negotiable Instruments Act. Hence, the Complainant has no other alternative but to file this

Complaint against the Accused No. 1 as well as the Accused No. 2 and Accused No. 3 being the

Directors of the Accused No. 1.

6. The Complainant states that the cause of action for filing the present Complaint has accrued upon

expiry of 15 days from the date when the said Notice was deemed to have been served upon the

Accused.

7. As the said Demand Notice was returned to the Complainant on November 18, 2022 with certain

remarks dated November 16, 2022, the said Notice was deemed to be served upon the Accused on

November 16, 2022. That being said, the said Demand Notice was delivered to the Accused No. 1 as

well as the Accused No. 2 and Accused No. 3 being the Directors of the Accused No. 1 through:

a. Email on November 23, 2022; and

b. Whatsapp Message on November 23, 2022

Therefore, the period of 15 (Fifteen) days to make payment of amount of said Cheque which was

dishonoured expired on December 2, 2022 as per the deemed service and on December 9, 2022 as

per the Email and Whatsapp Service. Thus, the period of 30 (Thirty) days as prescribed under the

said Act for filing of the present Complaint:

a. as per the deemed service commences from December 3, 2022 and expires on January 2,

2023; whereas

b. as per the email and whatsapp service commences from December 11, 2022 and expires

on January 9, 2022.

Hence, the present Complainant is being filed well within the period of Limitation prescribed for the

same under the Act.

8. The Complainant states that since the Accused No. 1 as well as the Accused No. 2 and Accused No.

3 being the Directors of the Accused No. 1 have committed Criminal Offence under the said Act and

therefore the Accused No. 1 as well as the Accused No. 2 and Accused No. 3 being the Directors of

the Accused No. 1 may be dealt with in accordance with law. The Accused No. 1 as well as the

Accused No. 2 and Accused No. 3 being the Directors of the Accused No. 1 be summoned, tried,

prosecuted and punished for the offence committed by each one of them under the relevant

provisions of law.

9. The Complainant states that they have not filed any other application in respect of the subject matter

either in this Hon’ble Court or before any other court. The Complainant has paid requisite court fees.

10. The present Complaint has been signed and verified by the Complainant through its Authorized

Representaive and such Authorized Representative is fully conversant with the facts and

circumstances of the case and to initiate the present proceedings against the Accused No. 1 as well as

the Accused No. 2 and Accused No. 3 being the Directors of the Accused No. 1 and all of whom are

named in the cause title above.

11. The Complainant seeks leave to add, delete, and amend the complaint, if necessary.

12. The Complainant shall rely upon documents a list of which is annexed hereto.

13. The Complainant therefore prays:-

a. That this Hon’ble Court be pleased to issue process against the Accused No. 1 as well as

the Accused No. 2 and Accused No. 3 being the Directors of the Accused No. 1 and all of
 whom are named in the cause title above under Section 138 of the Negotiable Instrument

Act, 1881 and each one of them be summoned tried, prosecuted and punished in

accordance with law.

b. Any other and further order/s as may be necessary kindly be passed in favor of the

Complainant.

And for this act of kindness the Complainant shall be ever duty bound.

Tṛṣṇ ā Legal

Complainant
Advocate for the Complainant

VERIFICATION

I, Mr. Vijaykumar Amarnath Tiwari, age ___ years, the Authorized Representative of Crown Tapes

Private Limited, the Complainant abovenamed, and having his office at B/201, Dynasty Business Park,

Kanankia Spaces, Andheri (East), Mumbai- 400 059, do hereby solemnly declare that what is stated in

paragraph Nos._____ to _____ is true to my own knowledge and that what is stated in the remaining paragraph

Nos. _____ to _____is stated on information and belief and I believe the same to be true.

Solemnly declared at Mumbai )

nd
This 2 day of January, 2023 )
 Before me,

Tṛṣṇ ā Legal

Advocate for the Complainant

 IN THE COURT OF METROPOLITAN MAGISTRATE

AT ANDHERI, MUMBAI

CRIMINAL CASE NO.____________/SS/ 2023

Crown Tapes Private Limited through its Authorised Representative, Mr.

Vijaykumar Amarnath Tiwari

…Complainant

Versus

3D Mega Structures Private Limited & Ors. …Accused

AFFIDAVIT IN SUPPORT

I, Mr. Vijaykumar Amarnath Tiwari, age ___ years, the Authorized Representative of Crown Tapes

Private Limited and having his office at B/201, Dynasty Business Park, Kanankia Spaces, Andheri (East),

Mumbai- 400 059, do hereby solemnly affirm and declare on oath that:

1. contents of the accompanied complaint are true and correct as per the records maintained by the

Complainant and that nothing false is stated therein and also nothing material is concealed there

from.

2. I in my capacity as the authorized representative of the Complainant am conversant with the facts of

the complainant and on the basis of the records of the records of the Complainant available to me

able to depose before this Hon’ble Court. The Complainant has filed above complaint against the all

abovenamed Accused for the offence under section 138 of Negotiable Instrument Act 1881 over
 therein. I in my capacity as the authorized representative of the Complainant repeat and reiterate and

confirm whatever stated in the above complaint as if the same is set out herein verbatim.

3. I my capacity as the authorized representative of the Complainant say that no such Complaint is filed

in respect of the said Cheque arising from same transaction and same is pending in any court.

4. I in my capacity as the authorized representative of the Complainant say that whatever stated in the

Complaint is true and correct to the best of my knowledge and on the basis of records as maintained

by the Complainant and I repeat and reiterate the same.

5. I in my capacity as the authorized representative of the Complainant further declare and verify on

oath that the contents of this affidavit are true and correct and nothing material is concealed

therefrom.

Solemnly declared at Mumbai )

nd
This 2 day of January, 2023 )

Before me,

Tṛṣṇ ā Legal

Advocate for the Complainant

VERIFICATION
 I, Mr. Vijaykumar Amarnath Tiwari, the Authorized Representative of Crown Tapes Private Limited,

the Complainant abovenamed, and having his office at B/201, Dynasty Business Park, Kanankia Spaces,

Andheri (East), Mumbai- 400 059, do hereby solemnly declare that what is stated in paragraph Nos._____ to

_____ is true to my own knowledge and that what is stated in the remaining paragraph Nos. _____ to _____is

stated on information and belief and I believe the same to be true.

Solemnly declared at Mumbai )

nd
This 2 day of January, 2023 )

Before me,

Tṛṣṇ ā Legal

Advocate for the Complainant

IN THE COURT OF METROPOLITAN MAGISTRATE

AT ANDHERI, MUMBAI

CRIMINAL CASE NO.____________/SS/ 2023

Crown Tapes Private Limited, a private limited )

company incorporated under the Companies Act, )

1956 and having its registered office at B/201, )

Dynasty Business Park, Kanankia Spaces, Andheri )

(East), Mumbai- 400 059 through its Authorized )

Representative Mr. Vijaykumar Amaranth Tiwari, )

aged ___ years )

CIN: U24293MH1997PTC105530 )

Mobile No.: )

Email: )

) …Complainant

Versus

1. 3D Mega Structures Private Limited, a private )

limited company incorporated under the )

Companies Act, 1956 and having its registered )

office at D25/2, TTC MIDC, H.P Pipe Road,

 opp. Balmer Lawrie & Co., Eicher Truck )

Compound, Turbhe, Navi Mumbai, Thane – )

400 705. )

CIN: )

Mobile No.: )

Email: )

2. Ms. Manisha Rewale alias Manisha Ketan )

Khaire, Director of 3D Mega Structures Private )

Limited, a private limited company )

incorporated under the Companies Act, 1956 )

and having its registered office at D25/2, TTC ) …Accused No. 1

MIDC, H.P Pipe Road, opp. Balmer Lawrie & )

Co., Eicher Truck Compound, Turbhe, Navi )

Mumbai, Thane – 400 705. )

Mobile No.: )

Email: )

3. Prakash Rewale, Director of 3D Mega )

Structures Private Limited, a private limited )

company incorporated under the Companies )

Act, 1956 and having its registered office at )

D25/2, TTC MIDC, H.P Pipe Road, opp. )

Balmer Lawrie & Co., Eicher Truck

 Compound, Turbhe, Navi Mumbai, Thane – )

400 705. )

Mobile No.: )

Email: )

) …Accused No. 2

) …Accused No. 3

To,

The Registrar,

___ Court of Metropolitan Magistrate Court at Andheri,

Mumbai.
Sir,

We, the Complainant above named, do hereby appoint Tṛṣṇ ā Legal, Advocate & Consultants to act,

appear and plead on our behalf in the above Complaint.

IN WITNESS WHEREOF, we have set and subscribed our hands to this writing at Mumbai.

nd
Dated this 2 day of January, 2023

Accepted:-

Tṛṣṇ ā Legal Crown Tapes Private Limited through its

Advocate for Complainant Authorized Representative Mr. Vijaykumar

rd Amarnath Tiwari
Office No. 302, 3 Floor, Fort Foundation Building,
Bake House Lane, Kalaghoda, Fort, Mumbai – 400 (Complainant)

023.

Email: partner@trsnalegal.in

Cell No. +91 70211 54083

 IN THE COURT OF METROPOLITAN MAGISTRATE

AT ANDHERI, MUMBAI

CRIMINAL CASE NO.____________/SS/ 2023

Crown Tapes Private Limited through its Authorised Representative, Mr.

Vijaykumar Amarnath Tiwari …Complainant

Versus

3D Mega Structures Private Limited & Ors. …Accused

MEMORANDUM OF REGISTERED ADDRESS

Crown Tapes Private Limited

c/o Tṛṣṇ ā Legal

Advocate for Complainant

rd
Office No. 302, 3 Floor,

Fort Foundation Building,

Bake House Lane, Kalaghoda,

Fort, Mumbai - 400 023.

Tṛṣṇ ā Legal

Advocate for the Complainant

 IN THE COURT OF METROPOLITAN MAGISTRATE

AT ANDHERI, MUMBAI

CRIMINAL CASE NO.____________/SS/ 2023

Crown Tapes Private Limited through its Authorised Representative, Mr.

Vijaykumar Amarnath Tiwari …Complainant

Versus

3D Mega Structures Private Limited & Ors. …Accused

LIST OF WITNESSES

1. Branch Manager, ICICI Bank Ltd. J.B. Nagar Branch Andheri, Mumbai.

2. Reny Varghese, Director of the Complainant.

3. Vijaykumar Tiwari, Sales Executive.

4. Rajani Prashant Parte, Accounts and Administrative Executive.

5. Any other witness with the permission of the Learned Magistrate.

Tṛṣṇ ā Legal

Advocate for the Complainant

 IN THE COURT OF METROPOLITAN MAGISTRATE

AT ANDHERI, MUMBAI

CRIMINAL CASE NO.____________/SS/ 2023

Crown Tapes Private Limited through its Authorised Representative, Mr.

Vijaykumar Amarnath Tiwari …Complainant

Versus

3D Mega Structures Private Limited & Ors. …Accused

LIST OF DOCUMENTS

1. Copy of the Company Master Data available on the website of the Ministry of Corporate Affairs in

respect of the Accused No. 1.

2. Copy of the Invoice bearing no. DNH-175/20-21 dated September 10, 2020 whereby the said goods

amounting to Rs. 1,32,632/- (Rupees One Lakh Thirty Two Thousand Six Hundred and Thirty Two

Only) were delivered by the Complainant to the Accused No. 1 as per the request of the Accused No.

2 and which were duly received and acknowledged by the Accused No. 1.

3. Copy of the Return Memo dated October 19, 2022 issued by the Kotak Mahindra Bank, Clearing

Branch, Mumbai with respect to the Intimation of dishonor of the said Cheque [being cheque bearing

no. 002343 dated October 10, 2022 drawn on Kotak Mahindra Bank for an amount of Rs. 1,32,630/-

(Rupees One Lakh Thirty Two Thousand Six Hundred and Thirty Only) issued by the Accused No. 1

with the knowledge and the approval of its Director, Ms. Manisha Rewale alias Manisha Ketan

Khaire, the Accused No. 2, together with such Dishonoured Cheque.

4. Copy of the Statutory Demand Notice bearing no. TL/CTPL/234/1/2022 dated November 16, 2022

addressed by the Complainant’s Advocate to the Accused No. 1 as well as its Directors being

Accused No. 2 to 3 under Section 138 of the Negotiable Instruments Act, 1881, as amended up to

date.

5. Copies of the receipts of Registered Post Acknowledgement Due dated November 16, 2022 issued

by India Post.

6. Copy of the email sent by the Complainant’s Advocate to the Accused No. 1 as well as to the

Accused No. 2 attaching the scanned copy of the Statutory Demand Notice dated November 16,

2022 under Section 138 of the Negotiable Instruments Act, 1881 as amended upto date.

7. Copy of the screenshot of the whatsapp message sent by the Complainant’s Advocate to the Accused

No. 2 attaching the scanned copy of the Statutory Demand Notice dated November 16, 2022 under

Section 138 of the Negotiable Instruments Act, 1881 as amended upto date along with the message

information in respect thereof confirming that the same was not only delivered to the Accused No. 2

but was also read by her.

8. Copies of the Envelope containing the original copy of the Statutory Demand Notice dated

November 16, 2022 under Section 138 of the Negotiable Instruments Act, 1 881 as amended upto

date issued by the Complainant’s Advocate to the Accused No. 1 as well as its Directors being

Accused No. 2 and 3 returned by the Postal Authorities with certain remarks thereon.

9. Any other documents and correspondence prior to the filing of the Complaint.
 Tṛṣṇ ā Legal

Advocate for the Complainant

IN THE COURT OF METROPOLITAN MAGISTRATE

AT ANDHERI, MUMBAI

CRIMINAL CASE NO.______/SS/ 2023

Crown Tapes Private Limited through its Authorised

Representative, Mr. Vijaykumar Amarnath Tiwari

…Complainant

Versus

3D Mega Structures Private Limited & Ors.

…Accused

VAKALATNAMA
nd
Dated this 2 day of January, 2023

Tṛṣṇ ā Legal

Advocate for the Complainant

rd
Office No. 302, 3 Floor,

Fort Foundation Building,

Bake House Lane, Kalaghoda,

Fort, Mumbai – 400 023.

Email: partner@trsnalegal.in

Cell No. 70211 54083

IN THE COURT OF METROPOLITAN MAGISTRATE

AT ANDHERI, MUMBAI

CRIMINAL CASE NO.______/SS/ 2023

Crown Tapes Private Limited through its Authorised

Representative, Mr. Vijaykumar Amarnath Tiwari

…Complainant
 Versus

3D Mega Structures Private Limited & Ors.

…Accused

AFFIDAVIT IN SUPPORT OF THE COMPLAINT

UNDER SECTION 138 READ WITH SECTION 141 OF

THE NEGOTIABLE INSTRUMENT ACT, 1881

nd
Dated this 2 day of January, 2023

Tṛṣṇ ā Legal

Advocate for the Complainant

rd
Office No. 302, 3 Floor,

Fort Foundation Building,

Bake House Lane, Kalaghoda,

Fort, Mumbai – 400 023.

Email: partner@trsnalegal.in

Cell No. 70211 54083

IN THE COURT OF METROPOLITAN MAGISTRATE

AT ANDHERI, MUMBAI

CRIMINAL CASE NO.______/SS/ 2023

Crown Tapes Private Limited through its Authorised

Representative, Mr. Vijaykumar Amarnath Tiwari

…Complainant

Versus

3D Mega Structures Private Limited & Ors.

…Accused

COMPLAINT UNDER SECTION 138 READ WITH

SECTION 141 OF THE NEGOTIABLE INSTRUMENT

ACT, 1881
 nd
Dated this 2 day of January, 2023

Tṛṣṇ ā Legal

Advocate for the Complainant

rd
Office No. 302, 3 Floor,

Fort Foundation Building,

Bake House Lane, Kalaghoda,

Fort, Mumbai – 400 023.

Email: partner@trsnalegal.in

Cell No. 70211 54083