BEFORE THE COURT OF LD.

FOREST MAGISTRATE, JAMMU

Raju Chowdhary V/s Hamid Ali & Anr.

IN THE MATTER OF: Complaint under Section 418, 420, 120-B RPC.
And In The Matter Of:
Evidence Affidavit of the witness of the complainant in the above-
Titled complaint.

May It Please Your Honour,

I, Jagdish Raj, S/o Sh. Daya Ram, R/o Vikas lane, Talab Tillo, Jammu,
Age- 65 years, do hereby solemnly affirm and declare as under:

1. That I am swearing this affidavit as a witness on behalf of the complainant, as the deponent is
working as HR (Adm.) in M/s K.C. Hyundai which is also one of the concerns of complainant
and is associated with the complaint from the last more than seven years.

2. That the complainant being the owner of M/s K.S. Profile, Bari Brahmana was running in loss,
therefore decided to close down the business.

3. That as told to the deponent by the complainant at that time when the complainant decided to
close down the business of M/s K.S Profiles, the accused persons approached the complainant
with an offer to purchase the items/mill of the complainant firm particularly the machinery and
other assets of the rolling mill and desired that Hamid Ali is interested in purchasing the plant and
machinery from the complainant.

4. That thereafter Hamid Ali agreed to purchase the machinery and then entered into an agreement
and agreed to purchase the machinery to the tune of Rs 1.78 Crores.

5. That as the deponent can remember the accused persons forced the complainant to dismantle all
the machinery and other items so that they can take those items.

6. That Hamid Ali also issued cheques in discharge of his liability and made the complainant
believe that he will purchase the machinery from the complainant. The complainant being in such
a representation made by Hamid Ali and Ramesh Gupta to dismantle all the machinery of M/s
K.S. Profiles and waited for the accused to make the payment to him, but instead the accused
person has dishonored the cheque issued by him in discharge of his liability towards the
complainant.
 7. That in the whole transaction Ramesh Kumar Gupta, being the broker, made the complainant to
believe that the payments will be paid to the complainant by Hamid Ali and such willful and false
representation and assertions were made by the Ramesh Kumar Gupta to the complainant on
number of occasions, however, no such payments have been paid by Hamid Ali against the
cheque by him which bought a lot of loss to the complainant as they conjointly and with a willful
intention and motive in conspiracy with each other have cheated the complainant by making the
complainant to believe that the payments will be made to him and thereby enabling the
complainant to dismantle his machinery.

8. That the complainant has been cheated by the accused persons namely Hamid Ali and Ramesh
Kumar Gupta as both these accused persons made false and misleading promises/ representation
with the complainant and deceived the complainant by cheating the complainant and also by way
of misrepresentation, whereby the complainant has dismantled his mil on the asking of these two
accused persons and on the basis of their representations.

9. That the deponent knows all these because the deponent being on of the senior most employee of
other firm of the complainant is very close to the complainant and complainant use to share
everything related to business with the deponent and the complainant has on regular basis have
narrated all the facts/ transactions placed between the accused and the complainant at that time
and the deponent was also having a great concern over the complainant as the complainant was
very depressed by such willful acts of the accused persons which made the complainant to suffer
a huge loss financially as well as mentally.

10. That such an attitude of the accused Hamid Ali and Ramesh Kumar Gupta was dishonest from the
very beginning as they have made a representation to the complainant that they will make their
payments of items and they made such a representation in order to deceive the complainant and to
cheat him knowing fully well that they are making a false representation with the complainant in
order to cheat him thereby including the complainant to dismantle his mill.

Deponent

VERIFICATIONS
Verified today on _____ march. 2017, that the contents of this affidavit are true
and correct to the best of my knowledge and nothing has been concealed there from.