BEFORE THE HONOURABLE CHIEF JUDICIAL COURT AT

AHMEDABAD

COMPLAINT NO. OF 2024

ADVOCATE NAME/CODE: Sunil V Jadhav ADVOCATE. & G/1992/2005

PRESENTATION FORMS

IN CASE TRIABLE UNDER SECTION 138 OF NEOGTIABLE

INSTRUMENT ACT

DETAILS OF THE COMPLAINANT

NAME: Crest Specialty Resins Private Limited

ADDRESS: 609 Village Shetra Taluka District
Kheda Gujarat -387560
MOBILE NO: +91 98936 23068
EMAIL NO. (IF ANY): Amit.Rai@crestresins.com
NAME OF THE BANK: HDFC Bank LTD Ahmedabad Clearing
Branch Wholesale banking Operations
3rd Floor, Iconic Shyamal, Opp Fashion
Factory Shyamal Cross Rd, Satellite
Ahmedabad -380015 Gujarat
BANK ACCOUNT NO: 00060330006824
IFSC CODE: HDFC0000006
PRINCIPAL AMOUNT OF Two cheques of Rs. 5,00,000/-each
THE CHEQUE(s) totalling to Rs. 10,00,000/-

DETAILS OF THE ACCUSED

NAME: 1) Aksh Composites Private Limited
2) Savita Pandey, Director
3) Rahul Mogha, Additional Director
4) Anish, Additional Director

ADDRESS: 1) Ms/ Aksh Composites Private Limited

222 Creative Industrial Estate,
NM Joshi Marg, Mumbai 400 011
Maharashtra
Phone- ___________________________
|Email- gaurav@akshoptifibre.com

2) Savita Pandey - Director

801, Tower -1, A Happy homes Grand
Sector 85 Kheri Kalan ,113 Faridabad
Haryana India -121002
Mobile- 9911413883
Email- savita@amail.co.in
 3) Rahul Mogha- Additional Director
T-10 First Floor, Green Park Extension,
Green Park Market,
New Delhi – 110 016
Mobile- 9810234323
Email-rahul623@gmail.com

4) Anish, Additional Director

53 K, Ward No -11, Chand Colony
Desuri, Rajasthan- 306702
Mobile-7737614546
Email- anish92143@gmail.com

MOBILE NO:
EMAIL NO. (IF gaurav@akshoptifibre.com
ANY):
CHEQUE NO. / Ch. No :000093 and 000094 of Rs.5,00,000/-
BANK NAME / each totalling to Rs.10,00,000 /- of ICICI Bank,
BRANCH: Hotel Vishwanath Building, Silvasa and Dadra
Nagar Haveli -396230

Signed by Complainant

Date: - VERIFIED BY

NAME & SIGNATURE

 BEFORE THE HONOURABLE CHIEF JUDICIAL COURT AT AHMEDABAD
COMPLAINT NO. OF 2024

Complainant : Crest Specialty Resins Private Limited

Versus

Accused : Aksh Composites Private Limited & Others

SUMMARY FOR JURISDICTION & LIMITATION

Complainant Bank Branch HDFC Bank Clearing Branch, 3rd floor,

Date of Cheque/Instrument & Ch. No.
Date of Deposition of
Cheque/instrument
Reason of Cheque/ECS return &
Bounces memo date
Date of Notice
Date of Receiving Notice
Date of Filing Complaint
Opp Fashion Factory Shyamal Cross
Rd, Satellite Ahmedabad -380015
Gujarat
Ch. No-000093 dated 25-10-2023 and
Ch. No-000094 dated 25 11-2023
12-Dec-23
Funds Insufficient,
Memo dated 12-12-2023
27-12-2023
1-1-2024
 BEFORE THE HONOURABLE CHIEF JUDICIAL COURT AT
AHMEDBAD,

COMPLAINT NO. OF 2024

Complainant: Crest Specialty Resins Private Limited

Versus
Accused: Aksh Composites Private limited & Others

Detail of Complain:

1) Complainant: Crest Specialty Resins Private Limited

2) Accused : 1) Aksh Composites Private Limited

2) Savita Pandey Director
3) Rahul Mogha Additional Director
4) Anish, Additional Director

3) Cheque No : 000093,000094

4) Cheque Amount: Rs. 5,00,000/-each, total Rs.10,00,000/-

5) Cheque Date : 25-10.2023 25-11-2023

6) Drawn Bank Name and Branch Address: ICICI Bank Silvassa

Branch Ground Floor, Hotel Vishwanath Building Silvasaa Dadra
Nagar Haveli-396230

7) Dishonour Date : 12- 12-2023

8) Present Bank Name: HDFC Bank LTD Ahmedabad Clearing

Branch Wholesale Banking Operations 3rd Floor, Iconic
Shyamal, Opp Fashion Factory Shyamal cross Rd Satellite
Ahmedabad -380015

9) Return Memo date: 12-Dec-23.

10) Dishonoured Cheque Reason: Funds Insufficient

11) Notice Date: 27.12.2023

12) Notice Received by Accused: 1.1.2024

DATE: ----------------------------------------
Complainant
 BEFORE THE HONOURABLE CHIEF JUDICIAL COURT AT
AHMEDABAD,

COMPLAINT NO. OF 2024

Complainant: Crest Speciality Resins Private LIMITED, a private limited

company, incorporated under Companies Act,1956,
having its registered office at 609 Village Shetra
Taluka and District Kheda Gujarat-387560 Through
its authorized officer Mr. Amit Rai, Authorised
Signatory

Versus

Accused 1) Aksh Composites Private Limited

222Creative Industrial Estate, N.M Joshi Marg,
Mumbai-400011. Maharashtra
Mobile-______________| Email- gaurav@akshoptifibre.com

1) Savita Pandey, Director

801, Tower 1, A Happy Homes
Grand Sector 85, Kheri Kalan,113 Faridabad
Haryana India-121002
Mobile- 9911413883 | Email-savita@amail.co.in

2) Rahul Mogha- Additional Director

T-10 First Floor, Green Park Extension
Green Park Market New Delhi-110016, India
Mobile-9810234323 | Email-rahul623@gmail.com

3) Anish, Additional Director

53 K, Ward No -11, Chand Colony
Desuri, Rajasthan- 306702
Mobile-7737614546| Email- anish92143@gmail.com

Complaint under section 138 & 141 with 142 of The Negotiable
Instruments Act

1. The Complainant is a Private Limited Company registered under

Companies Act, 1956 having business of Manufacturing and
supplying of chemicals Like Resins, Polymer Resins Technology etc.
items all over India.
2. Aksh Composites Private Limited, the Accused is a private limited
Company and is a subsidiary of Aksh Opti fibre Limited, a stock
exchange listed company. The Accused manufactures and caters to
the growing FRP rod demand domestically and also Optical Fibre
Cable supplies to the various small-scale ISP's and data network
companies. Accused at Sr 2 to 4 are Directors of the Accused
Company and are involved in day-to-day affairs of the Company.

3. The Complainant states that the accused having its address as

mentioned in the cause title. Accused No. 2, 3 & 4 of the Accused
No. 1 are involved in day-to-day affairs of the Accused company.
That the accused have purchased various kind of Manufacturing
and Supplying of chemicals Like Resins etc. (Goods) from
Complainant vide Invoice No. 2918/18//19 dated 19th October 2018
and 1129/20/21 dated 27-September 2020 respectively.

4. Complainant had supplied the required material /goods vide

invoices as detailed in Annex-A to the Accused. The Complainant
had raised invoices out of which, invoices to the tune of Rs
1,51,21,719/- [One Crore Fifty -one lacs twenty-one thousand seven
hundred nineteen [Outstanding Amount] are still due and payable
to the Complainant. Accused had failed to pay the outstanding
amounts to the Complainant.

5. As Accused had failed to pay the amount, Complainant had no

option except to approach with the matter to the National Company
Law Tribunal [NCLT], Mumbai Bench, vide case no – CP (IB) /1258
(MB) 2021 towards recovery of the said amounts.

6. With a view to amicably settle the payment of outstanding amounts

for unpaid invoices for the goods supplied by Complainant to the
Accused, Complainant agreed to execute the present Consent Terms
and for a revised Payment Plan dated 14 April 2023 as per the terms
and conditions mentioned therein. Complainant with good faith and
believing the Accused to honour the commitments as per the consent
terms dated 14th April 2023 withdrew the case filed with NCLT,
Mumbai Bench on 18th April 2023. As per the terms of the said
 Consent Terms, it was agreed that Accused shall pay Complainant
an aggregate. amount of Rs 1,51,21,719/- [Rupees One Crore Fifty-
one Lakh Twenty-one Thousand Seven hundred and Nineteen Only]
in instalments and each instalment per month shall be of
Rs.5,00,000/- [Rupees five lakh only] and final instalment cheque
amounting to Rs.1,21,719/- [Rupees one lakh twenty-one thousand
seven hundred nineteen only] in favour of my Client. Details of the
same are placed as Annex -B.

7. As per the terms mentioned above, Accused issued a cheque bearing

no. 000093 dated 25th October 2023 for Rs 5,00,000/- (Rupees Five
lakh only) drawn on ICICI Bank, Silvassa Branch Dadra Nagar
Haveli and another cheque bearing no. 000094 dated 25th November
2023 for Rs 5,00,000/- (Rupees Five lakh only) drawn on ICICI
Bank, Silvassa Branch Dadra Nagar Haveli. Cheque was signed by
Authorised Signatory of the Accused. Copy of cheque placed at
Annex-C.

8. That the aforesaid cheque 000093 and 000094 dated 25th October
2023 and 25th November 2023 respectively was presented in
Complainant’s Bank The HDFC Bank Limited Ahmedabad Clearing
Branch Wholesale Banking Operations, 3rd Floor Iconic Shyamal
Opp Fashion Factory Shyamal Cross Rd Satellite Ahmedabad -
380015 Account No.: 00060330006824 having Branch IFSC Code
is HDFC0000006" on 12th December 2023 and has same been
dishonoured for “Funds Insufficient” on 12th December 2023
with Bounce Memo Date: 12.12.2023 as per following details:

Sr. Cheque Cheque Returned Memo Reason

No. no. Amount date date
1 000093 5,00,000/- 12th 12th Funds Insufficient
and And December December
000094 5,00,000/- 2023 2023

9. Under such circumstances, it seems that the Accused is deliberately

avoiding the payments which are outstanding and required to be
made to the Complainant. In respect to the same the Complainant
has already sent a notice u/s 138 of the Negotiable Instruments Act
dated 27.12.2023 which has been received by the accused on
1.1.2024.
10. The Complainant further submits that the Accused have malafide
intention of not making the payments and thereby said cheque has
been returned. The Accused were well aware that the account was
closed and will not be honoured and therefore, the cheque had
returned with an endorsement “Funds Insufficient”.

11. It is submitted that the cheque issued and signed by the Authorised
Signatory of Accused towards the outstanding amount is
dishonoured and therefore, all the accused are severally and jointly
liable to pay the entire amount outstanding to the Complainant and
further it is submitted they all are jointly and severally liable to pay
the entire amount outstanding to the Complainant and further that
they have committed criminal offence under section 138 & 141 with
142 of Negotiable Instruments Act, 1881 (as amended up to dated),
punishable under Section 142 of the said Act and that they are liable
to be prosecuted in the court of law for the offence committed under
the section 138 & 141 with 142 of the Negotiable Instruments Act..

12. The Complainant has issued demand notice within 30 days from the
date of the knowledge of the cheque being dishonoured and thereby
filed present complaint when all the Accused have failed and
neglected to pay the amount within 15 days from the date of receipt
of such notice. The Complainant had to file this application latest by
1st February 2024.

13. The Complainant, therefore, prays as under: -

a. Process be issued against all the Accused and they be dealt

with accordingly;
b. Summon, prosecute and punish the Accused and also direct
the accused to pay the amount as double to the amount
covered under the said dishonoured cheques, under the
provisions of Section 138 read with Section 142 of the
Negotiable Instruments Act,1881 as amended by the Negotiable
Instrument laws (Amended and Miscellaneous Provisions) Act,
2002. In accordance with Section 357 of Code of Criminal
Procedure 1974, out of the penalty imposed, the Accused be
ordered to compensate the Complainant to the extent of Rs.
10,00,000/-.
 c. Such other and further relief as deemed fit and proper be
granted.
d. This Hon’ble Court may be pleased to order interim
compensation @ 20% of the cheque amount as stated in
Section 143A of the Negotiable Instruments (Amendments) Act.

14. The Complainant would like to examine the following witnesses in

support of the complaint.
a. Complainant

b. Concerned officer of the bank summoned with relevant record.

15. Complainant would like to examine any other and further witnesses
as may be deemed necessary during the course of trial of this case,
the names and addresses would be furnished to the Honourable
Court at the relevant time.

Ahmedabad

Date: _______________
 IN THE HONOURABLE CHIEF JUDICIAL COURT

AT AHMEDABAD

Complain No.: of 2024

Plaintiff
Applicant
Appellant
Complainant Crest Specialty Resins Private Limited
VERSUS
Defendant
Opponent
Respondent
Accused 1) Aksh Composites Private Limited & Others

I / We Crest Specialty Resins Pvt Limited hereby appoint, Advocate Sunil Jadhav, City
Civil Court, Ahmedabad and Dhiren Chavda, Advocate, to act, appear and plead and
compromise for me/us in the above matter.

In Witness where of I/We have set my/our hand to this writing.

This _______________________day of ___________________ 2024.

Signature _X________________________
Accepted

_____________________
Adv Sunil Jadhav
Enrolment No. G/1992/2005 C/603, Naroda Smart City-3,
B/H Hanspura Residency, Opp Raghav
Bunglows,
Naroda-Dehgam Rd, Ahmedabad 382 330.
9909950008
_____________________
Adv Dhiren Chavda
Enrolment No: G/3564/2013 703, Gulmohar Heights, Opp Madhur Hall,
Anandnagar Cross Rds, Satellite,
Ahmedabad 380 015.
 BEFORE THE HONOURABLE CHIEF JUDICIAL COURT AT
AHMEDABAD,

COMPLAINT NO. OF 2024

Complainant : Crest Specialty Resins Private Limited

Versus

Accused : Aksh Composites Private Limited & Others

Examination-in-Chief of the Complaint

I, Mr. Amit Rai, Authorized officer of the complainant do hereby state on

oath and solemnly affirm as under: -

1. That I am working with the complainant Company and since I am

conversant with the facts and circumstances of the case and since I
am authorized also, I am filing the present examination-in-chief
hereunder.

2. I state that complainant, is a Private Limited Company registered

under Companies Act, 1956, having its registered office at Crest
Specialty Resins Private Limited 609 Village Shetra Taluka and
District Kheda Gujarat -387560, Ahmedabad.

3. Aksh Composites Private Limited, the Accused is a private limited

Company and is a subsidiary of Aksh Opti fibre Limited, which is a
stock exchange listed company. The Accused manufactures and
caters to the growing FRP rod demand domestically and also Optical
Fibre Cable supplies to the various small-scale ISP's and data
network companies. Accused at Sr 2 to 4 are Directors of the
Accused Company and are involved in day-to-day affairs of the
Company.

4. I state that the Accused is having its address as mentioned in the

cause title. Accused No. 2, 3 & 4 of the Accused No. 1 are involved
in day-to-day affairs of the Accused company. That the accused have
 purchased various kind of Manufacturing and Supplying of
chemicals Like Resins etc. (Goods) from Complainant vide Invoice
No. 2918/18//19 dated 19th October 2018 and 1129/20/21 dtd
27-September 2020 respectively.

5. Complainant had supplied the required material /goods vide

invoices as detailed in Annex-A to the Accused. The Complainant
had raised invoices out of which, invoices to the tune of Rs
1,51,21,719/- [One Crore Fifty -one lacs twenty-one thousand seven
hundred nineteen [Outstanding Amount] are still due and payable
to the Complainant. Accused had failed to pay the outstanding
amounts to the Complainant.

6. As Accused had failed to pay the amount to Complainant had no

option except to approach with the matter to the National Company
Law Tribunal [NCLT], Mumbai Bench, vide case no – CP (IB) /1258
(MB) 2021 towards recovery of the said amounts.

7. With a view to amicably settle the payment of outstanding amounts

for unpaid invoices for the goods supplied by Complainant to the
Accused, Complainant agreed to execute the present Consent Terms
and for a revised Payment Plan dated 14 April 2023 as per the terms
and conditions mentioned therein. Complainant with good faith and
believing the Accused to honour the commitments as per the consent
terms dated 14th April 2023 withdrew the case filed with NCLT,
Mumbai Bench on 18th April 2023. As per the terms of the said
Consent Terms, it was agreed that Accused shall pay Complainant
an aggregate. amount of Rs 1,51,21,719/- [Rupees One Crore Fifty-
one Lakh Twenty-one Thousand Seven hundred and Nineteen Only]
in instalments and each instalment per month shall be of
Rs.5,00,000/- [Rupees five lakh only] and final instalment cheque
amounting to Rs.1,21,719/- [Rupees one lakh twenty-one thousand
seven hundred nineteen only] in favour of my Client. Details of the
same are placed as Annex -B.

8. As per the terms mentioned above, Accused issued a cheque bearing

no. 000093 dated 25th October 2023 for Rs 5,00,000/- (Rupees Five
 lakh only) drawn on ICICI Bank, Silvassa Branch Dadra Nagar
Haveli and another cheque bearing no. 000094 dated 25th November
2023 for Rs 5,00,000/- (Rupees Five lakh only) drawn on ICICI
Bank, Silvassa Branch Dadra Nagar Haveli. The above cheques were
signed by Authorised Signatory of the Accused.

9. That the aforesaid cheque 000093 dated 25th October 2023 and
Cheque no 000094 was presented in Complainant’s HDFC Bank
Ltd," Ahmedabad Clearing Branch, Wholesale banking Operations,
Ahmedabad - 380015, Account No.: 00060330006824, IFSC Code-
HDFC0000006 on 25th October 2023 and 25 Nov 2023 and has same
been dishonoured for “Funds Insufficient” on 12.12.20223with
Bounce Memo Date: 12.12.2023 as per following details:

Sr. Cheque Cheque Returned Memo Reason

No. no. Amount date date
1 000093 5,00,000/- 12th 12th Funds Insufficient
and And December December
000094 5,00,000/- 2023 2023

10. Under such circumstances, it seems that the Accused is deliberately

avoiding the payments which are outstanding and required to be
made to the Complainant. In respect to the same the Complainant
has already sent a notice u/s 138 of the Negotiable Instruments Act
dated 27. Dec.2023, which has been received by the accused on
1.1.2024.

11. I have produced the original Cheque No. 000093 and Cheque no
00094 Dated 25-10-2023 and 25-11-2023 respectively of A/c
No: 042205002507 drawn on ICICI Bank for Rs. 5,00,000/- duly
signed by Authorised Signatory and issued the cheque from A/C.
of Accused No. 1 [Aksh Composites Private Limited], in favour of
the Complainant at Mark __________. The original cheques be taken
on record and duly Exhibited.

12. I have produced the original cheque return memo dated 12

Dec.2023 at mark ______. The same is issued by concerned bankers
 to the complainant and the same being an electric generated memo
does not require signature. The same is required to be taken on
record and duly exhibited.

13. I have produced the office copy of the notice dated 12.1.2024 at
mark _________. The same is required to be taken on record and
duly exhibited.

14. I have produced the original receipt issued by the postal authority
and the acknowledgement receipt at Mark ____. The same are duly
required to be taken on record and duly exhibited thereof.

15. I have produced the original authority letter/Board resolution issued

in my favour by Crest Specialty Resins Private Limited at mark
______. The same is required to be taken on record and duly
exhibited.

What is stated hereinabove is true and correct.

Ahmedabad
Date: --------------------------
Complainant

_______________________
Identify by me
 BEFORE THE HONOURABLE CHIEF JUDICIAL COURT AT
AHMEDABAD,

COMPLAINT NO. OF 2024

Complainant : Crest Specialty PRIVATE LIMITED

Versus

Accused : 1) Aksh Composites Private Limited & Others

LIST OF DOCUMENTS

Sr. No. Particulars Exhibit

1. Original Copy of Cheque A

2. Original Copy of Cheque Return Memo B
3. Original Copy of Notice U/s 138 of N.I. Act C
4. Original Postal Receipt D
5. Original Reg. Acknowledgement E
6. Original Copy of Board Resolution
or Filing Complaint G

DATE: ----------------------------------------
Complainant