Date: 26.05.

2020

To,

1. M/s S. M. TECHNOFAB
REGISTERD OFFICE:
No. 8/J, Formed Sy. No. 8
Near BM Valley High School,
Pantharpalya, Mysore Road,
Bangalore KA 560039 IN
Represented by:
Mr. Syed Shamshuddin Qadri
Proprietor of M/s S. M. Technofab

2. The Manager,
Bank of India
RPC Layout, Vijayanagar,
Bangalore-560040

3. The Zonal Manager,

Bank of India
No.11, Kempegowda Road,
Bangalore, Karnataka 560 009

Sir,
Sub: Notice for Criminal Breach of Trust and Cheating.

Under the instruction and on behalf of my client Mr. Mahindra

Gangwar, the authorized representative of M/s Maruti Flex Trader
LLP, having its registered office at #133/3(C) Machohalli Village,
Dasanapura Hobli Magadi Main Road, Bangalore- 560100, we are
hereby issuing the following notice:-

1. That our client has been dealing with M/s S. M Technofab

represented by its Proprietor Mr. Syed Shamshuddin Qadri since
2019-2020. In good faith and in respect of the prospective long-term
relationship between them, our client sold and supplied goods such as
PVC products in credit to them. These goods were duly received and
utilized, and there were no claims or disputes raised concerning
quality or quantity of the delivered goods. However, M/s. S. M.

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 Technofab, represented by its Proprietor, Mr. Syed Shamshuddin
Qadri, failed and neglected to make the payment of an outstanding
amount of Rs. 29,28,663/- (Rupees Twenty Nine Lakh Twenty
Eight Thousand Six Hundred Sixty Three Only) despite several
requests from our client.

2. Our Client states that, after repeated reminders from my client, M/s.
S. M. Technofab, represented by its Proprietor, Mr. Syed
Shamshuddin Qadri issued the following duly signed cheques, drawn
on the second of you, Bank of India, RPC Layout, Vijayanagar,
Bengaluru from the Current Account 842330110000027 as payment
for the outstanding amount:

Sl. Cheque Amount Date of Reason for Return

No. No. cheque
1. 217150 2,00,000 16.05.2020 Contact Drawer
Drawee
Bank/Please P
2. 219763 1,08,198 /‐ 16.05.2020 Drawers Signature
Differs
3. 219764 1,68,835/‐ 16.05.2020 Drawers Signature
Differs
4. 219765 1,41,120/‐ 16.05.2020 Drawers Signature
Differs
5. 219792 1,50,000/‐ 16.05.2020 Drawers Signature
Differs
6. 219793 2,00,000/‐ 16.05.2020 Drawers Signature
Differs
7. 234306 2,00,000/‐ 16.05.2020 Contact Drawer
Drawee
Bank/Please P
8. 234307 2,00,000/‐ 16.05.2020 Contact Drawer
Drawee
Bank/Please P
9. 234308 2,00,000/‐ 16.05.2020 Contact Drawer
Drawee
Bank/Please P
10. 234309 2,00,000/‐ 16.05.2020 Contact Drawer
Drawee
Bank/Please P
11. 234310 2,00,000/‐ 16.05.2020 Contact Drawer
Drawee
Bank/Please P

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 12. 234311 2,00,000/‐ 16.05.2020 Contact Drawer
Drawee
Bank/Please P
13. 234312 2,00,000/‐ 16.05.2020 Contact Drawer
Drawee
Bank/Please P
14. 234313 2,00,000/‐ 16.05.2020 Contact Drawer
Drawee
Bank/Please P
15. 234314 2,00,000/‐ 16.05.2020 Contact Drawer
Drawee
Bank/Please P
16. 234315 2,00,000/‐ 16.05.2020 Contact Drawer
Drawee
Bank/Please P
Total Rs.
29,68,153

3. Our Client states that, the first of you, at the time of issuance of the
aforesaid cheques had promised that the same would be duly honored
as and when presented with the Bankers of the first of you, namely,
Bank of India, RPC Layout Branch, Vijayanagar, Bangalore for
clearance. Our Client states that, in good faith and believing the
assurance of the first of you, our Client, deposited the afore-
mentioned cheques with their Bankers, namely, Standard Chartered
Bank, Koramangala Branch, Bengaluru on 16.05.2020. To their
utter shock and surprise, the same were returned with the
endorsement “Drawers Signature Differs” and “Contact Drawer
Drawee Bank/ Please P” vide various return memo reports dated
18.05.2020. Immediately after, my client intimated the first of you
about the dishonor of the Cheque drawn and issued in favour of our
client.

4. Our client instructs us that the second and third of you have colluded
with the first of you, and have acted in deceitful manner with a
malafide intention to defraud our client of the amount due and
payable by the first of you. Our client instructs us that the second and
third of you, with the sole intention of protecting the first of you, have

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 deliberately, with a malafide intention and for the reasons best known
to you, have wrongfully issued the endorsement, “Drawers Signature
Differs” and “ Contact Drawer Drawee Bank”. Our client instructs
us that second of you, has acted in a deceitful manner and has
colluded with the first of you, in the above mentioned fraudulent
transaction. It is evident that the first of you as the customer of
second and third of you, have exhibited malicious and unscrupulous
intentions of disregarding the legal and contractual liability by not
making payment for the goods sold and supplied by my client. Our
Client instructs us that, the Second of you has dishonoured the
cheques with two different endorsement and have not provided any
reason what-so-ever, which clearly shows the malafide intention of the
Second of you and is best known to them.

5. Our Clients instructs us that, the Second and Third of you have
connived with the First of you and have intentionally returned the
cheques by giving reasons “Drawers Signature Differs” and “ Contact
Drawer Drawee Bank”. Our Clients instructs us that, The Second and
Third of you returned the cheques with different endorsement even
though the signatures are similar and identical to bare eyes. This
clearly shows the malicious and ill intention on your part. Our client
further instructs us that, all of you have colluded with an intention to
cheat and defraud our client.

6. Our Client instructs us that, the First of you has intentionally issued
the cheques with an intention to cheat and play fraud on our client.
Hence this notice.

7. Therefore, we hereby call upon you through this notice, to pay the
entire amount of the aforementioned returned Cheque for Rs.
29,68,153/- (Twenty-Nine Lakhs Sixty-Eight Thousand, One
Hundred Fifty Three Only) immediately within fifteen days from the
date of the receipt of this notice, failing which our client shall be
constrained to initiate appropriate legal proceedings for cheating,
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criminal breach of trust, fraud, Criminal Conspiracy and deceit
against First, Second and Third of you as advised.

The cost of this notice is Rs. 25,000/- (Rupees Twenty-five Thousand

only) and is payable by you.

Vijay Narayan
(Advocate)

Cc to Banking Ombudsman
Ms. Saraswathi Shyamprasad
C/o Reserve Bank of India
10/3/8, Nruputhunga Road,
Bangalore – 560001