IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE, NEW DELHI

CRIMINAL COMPLAINT NO. __________ OF 2022

IN THE MATTER OF:

AXIS FINANCE LTD …. COMPLAINANT

V/s

HOJEFA PATANWALA ...ACCUSED

P.S: SAKET.

INDEX

Sl. Particulars Page NO.

No.

1. Memo of Parties

2. Complaint Under Section 25 of P.S.S Act

3. List of Document alongwith Documents

4. List of Witnesses

5. ECS/NACH Mandate

6. Evidence by way of Affidavit

7. Vakalatnama

COMPLAINANT
(Through Authorized Signatory)

Through
KS Legal & Associates
F-21, 7th Floor, Manek Mahal, Churchgate,
New Delhi Mumbai, Maharashtra 400020
Dated: Mob No.: 8169409649
IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE, NEW DELHI
CRIMINAL COMPLAINT NO.__________ OF 2022
IN THE MATTER OF:
AXIS FINANCE LTD …. COMPLAINANT
V/s
HOJEFA PATANWALA ...ACCUSED
P.S: SAKET.
MEMO OF PARTIES

Axis Finance Limited )

Having its Registered office at: )
Axis House, C-2, Wadia International )
Centre, Pandurang Budhkar Marg, )
Worli, Mumbai-400025 )
And Having Its Branch Office at: - )
Ground Floor, Lodha Supremus, Road No. 22 )
Wagale Estate, Near Passport Office, )
Thane West – 400 604 )
Mob.: -9823281207 )
Through its Authorized Signatory )
Jagdeep Singh Satnam Singh Bawa, ) …COMPLAINANT

V/s
HOJEFA PATANWALA )
Flat No 1 Ramdas Vishvkarma )
Apartment Marol Bazar Road )
Marol Andheri East Near )
Hanuman Mandir Mumbai )
Maharashtra 400059 )` ... ACCUSED

COMPLAINANT
(Through Authorized Signatory)

Through
KS Legal & Associates
F-21, 7th Floor, Manek Mahal, Churchgate,
New Delhi Mumbai, Maharashtra 400020
Dated: Mob No.: 8169409649
 IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE, NEW DELHI

CRIMINAL COMPLAINT NO. __________ OF 2022

IN THE MATTER OF:

Axis Finance Limited

Having its Registered office at: )
Axis House, C-2, Wadia International )
Centre, Pandurang Budhkar Marg, )
Worli, Mumbai-400025 )

And Having Its Branch Office at: - )

Ground Floor, Lodha Supremus, Road No. 22 )
Wagale Estate, Near Passport Office, )
Thane West – 400 604 )
Mob.: -9823281207 )
Through its Authorized Signatory )
Jagdeep Singh Satnam Singh Bawa, ) …COMPLAINANT

V/s

HOJEFA PATANWALA )
Flat No 1 Ramdas Vishvkarma )
Apartment Marol Bazar Road )
Marol Andheri East Near )
Hanuman Mandir Mumbai )
Maharashtra 400059 )` ... Accused

P.S: SAKET

CRIMINAL COMPLAINT UNDER SECTION 25 OF THE PAYMENT AND

SETTLEMENT SYSTEM ACT, 2007 AS AMENDED UP TO DATE READ
WITH 200 Cr.P.C

MOST RESPECTFULLY SHOWETH: -

 1. That the complainant is a Non-Banking finance Company and is conducting

non-banking operations including provider of various loans finance facilities as

including grant of Home loan, Business Loans, working capital and Loan against

property etc. to its client that the complainant is a non-banking finance company

and registered Under the Company Act 1956 and RBI has granted to the compliant

company to commence/carry on business of Non-Banking finance to public. The

registered office of the complainant is Axis House, C-2, Wadia International Centre,

Pandurang Budhkar Marg, Worli Mumbai-400025 and its branch office is at Ground

Floor, Lodha Supremus, Road No. 22 Wagale Estate, Near Passport Office, Thane

West – 400 604.

2. The present complaint is being filed by Mr. Jagdeep Singh Satnam Singh

Bawa, the authorized representative who is duly authorized to file, sign, verify the

complaint, the affidavits, Vakalatnama and to institute and prosecute the present

case on behalf of the Complainant Company and all the acts necessary and

incidental for effective prosecution of the present complaint vide power of attorney

dated 18.06.2021. The copy of Power of Attorney dated 18.06.2021 is enclosed

herewith the complaint.

3. The Accused has approached the complainant Company for financial

assistance on behalf of the said accused accordingly, believing the representation

made by the accused to the complainant Company, the complainant and the Accused

was entered into a Personal loan agreement and other documents vide bearing No.

0456PLA00003477

4. The accused person agreed to repay the said loan amount in equated monthly

installments (EMIs) further in order to discharge the liability of aforementioned Loan

accused entered into an Electronic Clearing System ECS/NACH (National Automated

Clearing House) arrangement by submitting “E-Mandate having aadhar” authorizing

Complainant Company to debit from account of the accused(s) and credit the same in

the complainant account on respective due date without any default, whether

demanded or not. The accused has executed and unconditional standing instruction to

his banker to clear the outstanding / EMI’s from account of the accused. The said

ECS/NACH instructions issued by accused towards the discharge of part of debits

incurred on account of dues on the Loan given to accused by the complainant .It is

relevant to mention here that after default of his EMI under the said Agreement, and

deliberately failed and neglected to make the payment of the due amount on the

stipulated due date /tenor as per the agreement besides failure in observing other

terms and conditions as such ,a considerable amount became due against accused

person the complaint company approaches to the accused to make the said demand

payment. As a consequence thereof the accused person for discharge his outstanding

liability / legal debts under the said Agreement to present the said ECS /NACH:

Transaction/Umrn No. Dated Drawn on Amount

SCBL7010910200001173 11/05/2022 STANDARD 80512.00

CHARTERED

BANK

The accused person always assured that the said ECS/NACH shall be honored / en

cashed upon its presentation.

5. The Complainant Company had presented the above said ECS/NACH in

question with its banker i.e. AXIS BANK LTD, SAKET, New Delhi. Upon

presentation for clearance the ECS/NACH, to the utter shock and surprise of our

Client, the said ECS /NACH in question was returned unpaid due to the reasons

“AMOUNT EXCEEDS LIMIT SET ON ACCOUNT BY BANK FOR DEBIT

PER TRANSACTION vides returning memo dated 11/05/2022 of the banker.

6. Since the admitted debt due and payable by the Accused person to the

complainant was not paid by the accused person. Subsequently in view of the

dishonor of ECS/NACH in question, the complainant sent the registered legal demand

notice dated 24/05/2022 vide speed post on 28/05/2022 to the accused person last

known address available with the complainant company to clear the outstanding

amount within 15 days of the receipt of the notice. The Complainant Company deems

to the service out the notice upon the last known address of the accused person.

Whoever the perusal of the delivery report shown that accused deliberately avoiding/

refusing service of the legal notice. The accused persons despite the service of the

legal notice have failed/ has not taken any step to liquidate his liability as demanded

under the said legal notice the amount covered under the said ECS/NACH within the

statutory period prescribed therein.

7. The conduct of the accused person is indicative of his malafide, and

deliberately and knowingly fraudulent intentions to cheat the Complainant company

and fully aware that the said ECS/NACH will not be honored on presentation and to

cause wrongful loss to the Complainant. Therefore, the accused has dishonestly

induced the complainant Company to advance the said loan and fully knowing that he

cannot repay the said loan to the complainant Company. The illegal acts and
 omission on the part of the accused person make him liable to be prosecuted under

section 25 of the Payment and Settlement Systems Act.

8. The accused person committed an offense contemplated under section 25 of

Payment and Settlement Systems Act, 2007, and therefore, liable to action in that

behalf. The accused person succeeded in causing wrongful loss to the Complainant

Company and wrongful gain to himself. The payment has not been made and denied

with ulterior motives by the accused person. The accused person at all point times and

for all material purposes acted in malafide design to cheat the Complainant.

9. It is submitted that the ECS/ NACH was presented within the statutory period.

The Complainant prefers the present complaint within 30 days of the accrual of the

cause of action and thus the present complaint is within time. The complaint is also

being filed within the limitation:

1. Date of Dishonor 11/05/2022

Date of Notice 24/05/2022

2.

10. That the aforesaid mortgage and guarantee loan agreement was executed

between the Complainant Company and the Accused and the said ECS /NACH in

question was given by the Accused to the Complainant for his legal recoverable debt

and liability. The Complainant Company had presented the above said ECS/NACH in

question with its banker i.e., AXIS BANK LTD, SAKET, NEW DELHI. Banker of

the Complainant is in Delhi within the territorial jurisdiction and the Hon’ble Court

has the jurisdiction to try and entertain the present Complaint.

11. The complainant is also filing with present Complaint a list of documents

along with the documents and also a list of witnesses in support of the case of the

Complainant.

PRAYER

Under the circumstances stated above, it is therefore, most respectfully prayed that

this Hon’ble Court may be pleased to: -

a. Summon, try and punish the accused under section 25(1) of the Payment

&Settlement System Act, 2007.

b. Provide compensation, twice of the amount of the dishonored electronic funds

transfer, as may be granted to the Complainant under section 357 of the Cr. P.

C, 1973.

c. Pass such further and other relief/s, as may be necessary in the interest of

justice.

COMPLAINANT
(Through Authorized Signatory)

Through
KS Legal & Associates
F-21, 7th Floor, Manek Mahal, Churchgate,
New Delhi Mumbai, Maharashtra 400020
Dated: Mob No.: 8169409649
 IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE, NEW
DELHI

CRIMINAL COMPLAINT NO.__________ OF 2022

IN THE MATTER OF: -

AXIS FINANCE LTD …. COMPLAINANT

V/s

HOJEFA PATANWALA ...ACCUSED

P.S: SAKET.

LIST OF DOCUMENTS

1. The copy of the Power of attorney issued by the Complainant Company in favor
of Mr. Jagdeep Singh Satnam Singh Bawa.
2. Transaction Return Memo.
3. Copy of the Demand Notice
4. Speed Post Receipt
5. Registered Post tracking report
6. Any other Document if Necessary

LIST OF WITNESSES

1. The complainant through its Authorized Signatory Mr. Jagdeep Singh Satnam
Singh Bawa.
2. Concerned officer from the bank of both the complainant and accused.
3. Concerned officer from the courier and postal department
4. Any other witness/witnesses with the leave of the court.

COMPLAINANT
(Through Authorized Signatory)

Through
KS Legal & Associates
F-21, 7th Floor, Manek Mahal, Churchgate,
New Delhi Mumbai, Maharashtra 400020
Dated: Mob No.: 8169409649
 IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE,

NEW DELHI

CRIMINAL COMPLAINT NO.__________ OF 2022

IN THE MATTER OF:

AXIS FINANCE LTD …. COMPLAINANT

V/s

HOJEFA PATANWALA ...ACCUSED

P.S: SAKET.

EVIDENCE BY WAY OF AFFIDAVIT

I, Jagdeep Singh Satnam Singh Bawa having his office at:-Ground Floor,“Lodha

Supremus,Road No. 22,Wagle Estate ,Thane-400604, aged about 41 yrs, do hereby

solemnly affirm and declare as under:-

1. That being the Power of Attorney holder of the complainant Company in the

present case I am fully aware of the facts and circumstances of the present case and

competent to swear the contents of the present affidavit.

2. That the complainant is a Non-Banking finance Company and is conducting

non-banking operations including provider of various loans finance facilities as

including grant of Home loan, Business Loans, working capital and Loan against

property etc. to its client that the complainant is a non-banking finance company and

registered Under the Company Act 1956 and RBI has granted to the compliant

company to commence/carry on business of Non-Banking finance to public. The

 registered office of the complainant is Axis House, C-2, Wadia International Centre,

PandurangBudhkarMarg, Worli Mumbai-400025 and its branch office is at Ground

Floor, Lodha Supremus, Road No. 22 Wagale Estate, Near Passport Office, Thane

West – 400 604.

3. The present complaint is being filed by Jagdeep Singh Satnam Singh Bawa,

the authorized representative who is duly authorizes to file, sign, verify the complaint,

the affidavits, Vakalatnama and to institute and prosecute the present case on behalf

of the Complainant Company and all the acts necessary and incidental for effective

prosecution of the present complaint vide special power of attorney dated 18.06.2021.

The copy of special Power of Attorney dated 18.06.2021 is EX-CW-1/1.

4. The present Accused has approached the complainant Company for financial

assistance on behalf of the said accused accordingly, believing the representation

made by the accused to the complainant, the complainant and the Accused was

entered into a Personal loan agreement and other documents vide bearing No

0456PLA00003477..

5. I say that the accused person agreed to repay the said loan amount in equated

monthly installments (EMIs) further in order to discharge the liability of

aforementioned Loan accused entered into an Electronic Clearing System

ECS/NACH (National Automated Clearing House) arrangement by submitting “E-

Mandate having aadhar” authorizing Complainant Company to debit from account of

the accused(s) and credit the same in the complainant account on respective due date

without any default, whether demanded or not. The accused has executed and

unconditional standing instruction to his banker to clear the outstanding / EMI’s from

account of the accused. The said ECS/NACH instructions issued by accused towards

the discharge of part of debits incurred on account of dues on the Loan given to
 accused by the complainant. It is relevant to mention here that after default of his EMI

under the said Agreement, and deliberately failed and neglected to make the payment

of the due amount on the stipulated due date /tenor as per the agreement besides

failure in observing other terms and conditions as such ,a considerable amount

became due against accused person the complaint company sends Loan Re-call

Notice to the accused to make the said demand payment. As a consequence thereof

the accused person for discharge his outstanding liability / legal debts under the said

Agreement consented to present the said ECS /NACH:-

Transaction/Umrn No. Dated Drawn on Amount

SCBL7010910200001173 11/05/2022 STANDARD 80512.00

CHARTERED
BANK

The accused person always assured that the said ECS/NACH shall be honored / en

cashed upon its presentation. The accused person always assured that the said ECS/

NACH shall be honored upon its presentation. The ECS/NACH Mandate is exhibited

herein as EX-CW-1/2.

6. I say that the Complainant had presented the above said ECS/NACH in

question with its banker i.e. AXIS BANK LTD, SAKET, NEW DELHI. Upon

presentation for clearance the ECS/NACH the said ECS/NACH in question was

returned unpaid due to the reasons “BALANCE INSUFFICIENT” vides returning

memo dated 11/05/2022 of the banker. The original returning memo is exhibited

herein as EX-CW-1/3.
7. I say that since the admitted debt due and payable by the Accused person to

the complainant was not paid by the accused person. Subsequently in view of the

dishonor of ECS/NACH in question, the complainant sent the registered legal demand

notice dated 24/05/2022 vide speed post on 28/05/2022 to the accused person last

known address available with the complainant Company to clear the outstanding

amount within 15 days of the receipt of the notice. The Complainant Company deems

to the service out the notice upon the last known address of the accused person.

Whoever the perusal of the delivery report shown that accused deliberately avoiding/

refusing service of the legal notice. The accused persons despite the service of the

legal notice have failed to make payment as demanded under the said legal notice

within the statutory period prescribed therein. The legal notice sent by the

complainant is exhibited herein as EX_CW-1/4. The proof of dispatch the legal

notice is exhibited herein as EX-CW-1/5(Colly) and the proof of service/refusal is

annexed herewith as EX-CW-1/6 (Colly).

8. I say that the complainant also relied upon the loan agreement of the said loan.

The certified copy of Loan agreement is exhibited herein as EX-CW-1/7 (Colly).

9. I say that the Complainant Company also relied upon the account statement of

said loan available with the Complainant Company, those statements of loan account

has been duly certified by the complainant Company by following the guidelines of

Banker’s Book Evidence Act. The account statement is exhibited herein as EX-CW-

1/8 (Colly).

10. I say that the complainant Company have not filed any complaint/ Suit/

Petition in respect to the ECS/NACH drawn on STANDARD CHARTERED BANK

for the amount of Rs. 80512.00

11. I say that the conduct of the accused person is indicative of his fraudulent

intension to cheat the Complainant and to cause wrongful loss to the Complainant.

The illegal acts and omission on the part of the accused person make them liable to be

prosecuted under section 25 of Payment and Settlement Systems Act.

12. I say that the accused person has committed an offence contemplated under

section 25 of Payment and Settlement Systems Act, 2007, and therefore, he liable to

action in that behalf. The accused person has succeeded in causing wrongful loss to

the Complainant and wrongful gain to himself. The payment has not been made and

denied with ulterior motives by the accused person. The accused person at all point of

times and for all material purposes acted in malafide design to cheat the Complainant.

13. I say that the ECS/NACH was presented within the statutory period and the

legal notice was also issued within the statutory period. The complaint is also being

filed within the limitation.

14. I say that under the provisions referred to above, the Complainant prefers the

present complaint within 30 days of the accrual of the cause of action and thus the

present complaint is within time.

15. I say that the aforesaid loan agreement was executed between the Complainant

and the Accused and the said ECS/NACH in question was given by the Accused to

the Complainant for his legal recoverable debt and liability The Complainant had

presented the above said ECS/NACH in question with its banker i.e. AXIS BANK

LTD, SAKET, NEW DELHI. Banker of the Complainant is in Delhi within the

territorial jurisdiction and the Hon’ble Court has the jurisdiction to try and entertain

the present Complaint.

16. I say that the complainant is also filing with present Complaint a list of

documents along with the documents and also a list of witnesses in support of the case

of the Complainant.

17. I say that the present complaint has been filed by Complainant Company

through me as AR and drafted by counsel and the same over read by me all the

contents of the complaint are true and correct as per the record maintained by

company the same is exhibited as EX-CW-1/9 and being the present Evidence filed

by me on behalf of complainant Company and bear my signature at point “A” and

point “B”. My evidence by way of affidavit is exhibited herein as EX-CW-1/X.

DEPONENT

VERIFICATION:

Verified at New Delhi on this ____ day of………..2022, that the contents of para 1 to

17 are true and correct to best of my knowledge and nothing material has been

concealed therefrom,

DEPONENT