S.K.SINGH Chamber No.

811,
ADVOCATE Dwarka Court Complex,
New Delhi 110075

Mob. No.9971143969

SPEED POST/COURIER
DATED: 09.09.2015
To,

1. Naresh Kumar Shangra

S/o
R/o RZ-226-B, Gali No.3, Puran Nagar, Mehrauli Road, Palam
colony, new delhi-110045
Mobile No.8800180480
2. Vipin
S/o
R/o

SUBJECT: LEGAL DEMAND NOTICE

Sir,
Under instructions from and on behalf of my client Shri Sanjay
Kumar Sharma S/o Late Sh. Shyam Bihari R/o RZF-767/43, Gali
No.7, Rajnagar Part-II, Palam Colony, New Delhi-110045, I hereby
serve upon you the following legal demand notice as under:

1. That on 10.12.2014 you the noticee No.1 through one of your

friend noticee No.2 met with my client at *************and
introduced himself loan provider through bank of Reliance and
stated that the accused and handover a forged scan copy of the
reliance company in which the name of the my client was
mentioned and he demanded Rs. 40,000/- from my client for
providing the loan of Rs. ***********. On 12.12.2014, my client paid
a sum of Rs.25,000/- in cash to the noticee No.1, in presence of
noticee No.2 and again paid a sum of Rs. 15,000/- in cash to
noticeee No.1 on 15.12.2014 and thereafter paid a sum of Rs.
1500/- to the noticee No.1 and also obtain 12 blank signed cheque
bearing Nos. 851381 to 851390 and 851376 and 851379 from my
client on pretext of it has obtained all the necessary permission
from the concerned departments and induced my client for
investment in the accused No.1 and assured for high return and
he also gave his mobile No. 9711099662 to my client and assured
that my client would gain huge profit on investment in the said
project. Believing the representation and rosy picture shown by
said Narender Kumar Bajaj, the CEO of accused No.1, my client
invested total amount of Rs. 1,70,000/- (Rupees One Lakh Seventy
Thousand Only) Rs. 1,50,000/- through cheque bearing
No.000972 dated 05.08.2009 drawn on UTI Bank Limited and
Rs.20,000/- in cash as registration amount for plot in the above
mentioned project, in favour of the accused No.1.

2. That you the noticees also used the blank signed cheque bearing
No.851384 after filling the cheque in favour of Munna Singh A/C
No. 32928605916 and after suspicious enquiry of the bank official
the accused No.1 assured return of 12 % per annum on
investment in grand sapphire project at Behror, Neemrana,
Rajasthan and further assured that a minimum appreciation of
 24% (for two years on the account invested by its valued Clients in
“Grand Sapphire” project and also undertakes to repay the
principal together with simple interest @ 12 % per annum (return
can be avail after one year lock in period).

3. That my client invested the amount of Rs. 1,70,000/- in the month

of August, 2009 and despite passing of considerable period of 5
years, you noticees have not handed over the plot to my client. My
client visited number of times to your offices and finally came to
know that you have not built up any project and cheated number
of person. On repeated request, you agreed to return the money of
my client with interest of only period of 2 year through cheques.

4. That the noticee No.1 issued one cheque bearing No. 988080 dated
06.05.2015 for amount of Rs. 73,600/- drawn on State Bank of
Patiala, Janak Puri, New Delhi-110058 in the name of my client,
with instruction to present the cheque after 25th July, 2015 and he
also assured that the same would be encashed on its presentation.

5. That believing upon the representation and assurances of accused

No.1, my client tendered the cheque bearing No. 988080 dated
06.05.2015 for amount of Rs. 73,600/- (Rupees Seventy Three
Thousand Six Hundred) for encashment in his Bank i.e. State
Bank of Patiala, but my client was shocked and surprised when he
came to know that the said cheque was dishonored by your banker
due to reason ‘Account closed’ vide cheque returning memo dated
29.07.2015.

6. That my client informed to both of you regarding the dishonor of

the above said cheque but you the noticees started avoiding my
client on one pretext or other.

7. That the above said cheque was issued by the accused No.1 in
order to discharge his legally enforceable liability of repaying
amount invested in above said project and you the accused No.2
had instructed my client to present the said cheque but the same
has been dishonoured due to ‘funds insufficient’ in your account.
Thus, from your acts and conduct it is clear that you had issued
the said cheque in favour of my client knowing fully well that the
account from which the said cheque was drawn, would not honour
the said cheque and that you knew it very well that the said
cheque would be dishonored on its presentation.

I, therefore by virtue of this demand notice, call upon you, to make

the payment of Rs. Rs.40,800/- (Rupees Fourty Thousand Eight
Hundred) covered by the above said dishonoured cheque bearing No.
142898 dated 15.01.2015 for Rs.40,800/- (Rupees Fourty Thousand
Eight Hundred) to my client within a period of fifteen days from the
date of receipt of this notice, failing which I have definite instruction
to initiate appropriate legal proceedings, both civil as well as
criminal, against you in the Courts of Law for your prosecution for
the offence under section 138 of the Negotiable Instruments Act/420
IPC and for the recovery of the said amount from you at your costs,
risks and consequences.

Please also note Rs.5500/- as legal charges for this notice on you.

Copy kept in my office for future reference.

 (S.K.SINGH)
ADVOCATE

IN THE HON’BLE COURT OF CHIEF METROPOLITAN MAGISTRATE,

 ROHINI COURT, NEW DELHI

CRIMINAL COMPLAINT NO. OF 2015

IN THE MATTER OF:

SHRI JAGDISH PRASAD … COMPLAINANT

VERSUS

M/S OM KRISHNA DEVELOPERS PVT. LTD. & ANR. … ACCUSED PERSONS

P.S.PITAM PURA

COMPLAINT UNDER SECTION 138 OF NEGOTIABLE INSTRUMENT

ACT, 1881 AS AMENDED UPTO DATE

1. That the complainant is a peace loving citizen of India and is

residing at R/o H.No.G-14, Delhi Police Residential Complex,
Sector-16-B, Dwarka, New Delhi-110078 with his family.

2. That the accused No.1 through one of his official namely Narender
Kumar Bajaj S/o Sh. Lal Chand met with complainant at his
branch office 111-113, 1st Floor, Best Arcade, Plot-3, Pocket-6,
K.M.Chowk, Sector-12, Dwarka, New Delhi and introduced himself
as CEO of the accused No.1 and stated that the accused No.1 is
going to developed a city in the name & style of “Grand Sapphire
Project” and it has obtained all the necessary permission from the
concerned departments and induced complainant for investment
in the accused No.1 and assured for high return and he also gave
his mobile No.9711099662 to complainant and assured that
complainant would gain huge profit on investment in the said
project. Believing the representation and rosy picture shown by
said Narender Kumar Bajaj, the CEO of accused No.1, complainant
invested total amount of Rs. 1,70,000/- (Rupees One Lakh Seventy
Thousand Only) Rs. 1,50,000/- through cheque bearing
No.000972 dated 05.08.2009 drawn on UTI Bank Limited and
Rs.20,000/- in cash as registration amount for plot in the above
mentioned project, in favour of the accused No.1.

3. That the accused No.1, assured return of 12 % per annum on

investment in grand sapphire project at Behror, Neemrana,
Rajasthan and further assured that a minimum appreciation of
 24% (for two years on the account invested by its valued Clients in
“Grand Sapphire” project and also undertakes to repay the
principal together with simple interest @ 12 % per annum (return
can be avail after one year lock in period).

4. That the complainant invested the amount of Rs. 1,70,000/- in the

month of August, 2009 and despite passing of considerable period
of 5 years, accused persons have not handed over the plot to
complainant. The complainant visited number of times to the
offices of accused persons and finally came to know that accused
persons have not built up any project and cheated number of
person. On repeated request, accused persons agreed to return the
money of complainant with interest of only period of 2 year
through cheques.

5. That the accused No.2, on behalf of accused No.1 issued one

cheque bearing No. 142892 dated 02.01.2015 for amount of Rs.
1,70,000/- of principal amount and another cheque bearing
No.142898 dated 15.01.2015 for Rs.40,800/- of interest accrued
upon the principal amount, both drawn on YES Bank Ltd. Ground
Floor, Anchor No.2 D-Mall, Plot No.1, Netaji Subhash Place,
Pitampura, New Delhi-110088 in the name of complainant, with
assurance that the same would be encashed on their presentation.

6. That believing upon the representation and assurances of accused

No.2, complainant tendered the cheque bearing No. 142898 dated
15.01.2015 for Rs.40,800/- (Rupees Fourty Thousand Eight
Hundred) for encashment in his Bank i.e. Axis bank Limited, but
complainant was shocked and surprised when he came to know
that the said cheque was dishonored by their banker due to reason
‘Funds Insufficient’ vide cheque returning memo dated
17.01.2015.

7. That the complainant informed accused No.2 regarding the

dishonor of the above said cheque but accused persons started
avoiding complainant and complainant also came to know number
of persons who had invested in their project experienced the same
behavior and accused persons have cheated public at large by
showing them rosy picture of giving plot and receiving money on
 false pretext and thereby running away with the hard earned
money of the innocent people.

8. That the above said cheque was issued by accused persons, the
accused No.2 for and on behalf of the accused No.1 and duly
signed by accused No.2 in order to discharge their legally
enforceable liability of repaying amount invested in above said
project and the accused No.2 had instructed complainant to
present the said cheque but the same has been dishonoured due
to ‘funds insufficient’ in their account. Thus, from their acts and
conduct it is clear that they had issued the said cheque in favour
of complainant knowing fully well that the account from which the
said cheque was drawn, would not honour the said cheque and
that accused persons knew it very well that the said cheque would
be dishonored on its presentation.

9. That having left no other option with him, the complainant got
issued a legal demand notice through his counsel on 23.01.2015
and the same was sent to the accused persons by way of Speed
Post. The legal notice has been served upon the accused persons,
but the accused persons neither sent any reply to the legal notice
nor paid the demanded amount covered by the above said
dishonoured cheque within stipulated period.

10. That the above said cheque has been issued by the accused
persons against their legally enforceable debt and liability towards
the complainant.

11. That the accused persons have failed to pay the amount covered by
the dishonoured cheque within 15 days or even till date of filing
the present complaint, hence, the accused persons have committed
an offence punishable under section 138 of N.I.Act.

12. That the complaint is being filed well within the period of limitation
as prescribed under section 138 of N.I.Act, 1881 as amended up to
date.

13. That the complainant has not filed similar complaint seeking
similar relief in the any court of India in respect of cheque bearing
 No.142898 dated 15.01.2015 for Rs.40,800/- of interest accrued
upon the principal amount, drawn on YES Bank Ltd. Ground
Floor, Anchor No.2 D-Mall, Plot No.1, Netaji Subhash Place,
Pitampura, New Delhi-110088.

14. That the complainant is residing in Delhi and the cheque has been
tender in Delhi and the cheque drawn YES Bank Ltd. Ground
Floor, Anchor No.2 D-Mall, Plot No.1, Netaji Subhash Place,
Pitampura, New Delhi-110088 situated within the jurisdiction of
this Hon’ble Court, hence this Hon’ble Court has competent
jurisdiction to entertain, try, and adjudicate the present complaint
and punish the accused person according to law.

PRAYER

It is, therefore, most respectfully prayed that this Hon’ble Court

may kindly be pleased to take cognizance of the offence and to
summon, try, adjudicate and punish the accused person in
accordance with the law for the offence committed by him
punishable under section 138 or the negotiable instrument act as
amended up to date and grant compensation to the complainant
or pass any other such relief in favour of the complainant and
against the accused person as deem fit and proper, in the interest
of justice.

Complainant

Through

S.K.Singh & Associates

Advocates
New Delhi Ch.No.811, Dwarka Court Complex
Dwarka New Delhi-110075

IN THE HON’BLE COURT OF CHIEF METROPOLITAN MAGISTRATE,

ROHINI COURT, NEW DELHI
 CRIMINAL COMPLAINT NO. OF 2015

IN THE MATTER OF:

SHRI JAGDISH PRASAD … COMPLAINANT

VERSUS

M/S OM KRISHNA DEVELOPERS PVT. LTD. & ANR. … ACCUSED PERSONS

MEMO OF PARTIES

Shri Jagdish Prasad

S/o Late Sh. Dulli Chand
R/o H.No.G-14, Delhi Police Residential Complex,
Sector-16-B, Dwarka,
New Delhi-110078 …
COMPLAINANT

VERSUS

1. M/S Om Krishna Developers Pvt. Ltd.

Through its Managing Director/Signatory
Sh. Prem Shanker Gupta
Corporate office: Plot No. H-10/101,
1st Floor, Arcade Plaza Netaji Subhash Place,
Pitam Pura, New Delhi-110034

Also at:
Branch office: 111-113, 1st Floor, Best Arcade,
Plot-3, Pocket-6, K.M.Chowk, Sector-12,
Dwarka, New Delhi

2. Sh. Prem Shanker Gupta

Corporate office: Plot No. H-10/101,
1st Floor, Arcade Plaza Netaji Subhash Place,
Pitam Pura, New Delhi-110034
Managing Director/Signatory of
M/S Om Krishna Developers Pvt. Ltd.

Also at:
Branch office: 111-113, 1st Floor, Best Arcade,
Plot-3, Pocket-6, K.M.Chowk, Sector-12,
Dwarka, New Delhi … ACCUSED PERSONS

COMPLAINANT

Through

Dated: S.K.SINGH & ASSOCIATES

Advocates
IN THE HON’BLE COURT OF CHIEF METROPOLITAN MAGISTRATE,
 ROHINI COURT, NEW DELHI

CRIMINAL COMPLAINT NO. OF 2015

IN THE MATTER OF:

SHRI JAGDISH PRASAD … COMPLAINANT

VERSUS

M/S OM KRISHNA DEVELOPERS PVT. LTD. & ANR. … ACCUSED PERSONS

LIST OF WITNESSES

1. The complainant.
2. The manager or other authorized person from complainant Bank
i.e. YES Bank Ltd. Ground Floor, Anchor No.2 D-Mall, Plot No.1,
Netaji Subhash Place, Pitampura, New Delhi-110088 alongwith
record of dishonoured cheque bearing No.142898 dated
15.01.2015 for Rs.40,800/-.
3. The manager or other authorized person from accused Bank i.e.
Axis Bank Limited, Khan Market, New Delhi along with record of
dishonoured cheque bearing No.142898 dated 15.01.2015 for
Rs.40,800/-.
4. Any other or further witness(s) with the prior permission of this
Hon’ble Court.

Complainant

Through

S.K.Singh & Associates

Advocates
New Delhi Ch.No.811, Dwarka Court Complex
Dated: New Delhi-110075

IN THE HON’BLE COURT OF CHIEF METROPOLITAN MAGISTRATE,

 ROHINI COURT, NEW DELHI

CRIMINAL COMPLAINT NO. OF 2015

IN THE MATTER OF:

SHRI JAGDISH PRASAD … COMPLAINANT

VERSUS

M/S OM KRISHNA DEVELOPERS PVT. LTD. & ANR. … ACCUSED PERSONS

LIST OF DOCUMENTS

1. Cheque bearing No. 142898 dated 15.01.2015 for Rs.40,800/-.

2. The Returning memo dated 17.01.2015.

3. The Legal Notice dated 23.01.2015.

4. The Postal receipts.

5. Internet track report of the speed post.

6. Any document(s) with the prior permission of this Hon’ble Court.

Complainant

Through

S.K.Singh & Associates

Advocates
New Delhi Ch.No.811, Dwarka Court Complex
Dated: New Delhi-110075

IN THE HON’BLE COURT OF CHIEF METROPOLITAN MAGISTRATE,

 ROHINI COURT, NEW DELHI

CRIMINAL COMPLAINT NO. OF 2015

IN THE MATTER OF:

SHRI JAGDISH PRASAD … COMPLAINANT

VERSUS

M/S OM KRISHNA DEVELOPERS PVT. LTD. & ANR. … ACCUSED PERSONS

INDEX

Sr. Particular Page No.

No.

1. Memo of Parties

2. Complaint u/s 138 N.I.Act as amended upto

date

3. List of Witnesses

4. List of documents alongwith documents

5. Vakalatnama

Complainant

Through

S.K.Singh & Associates

Advocates
New Delhi Ch.No.811, Dwarka Court Complex
Dated: New Delhi-110075

IN THE HON’BLE COURT OF SH. LD. MM,

 ROHINI COURT, NEW DELHI

CRIMINAL COMPLAINT NO. OF 2015

IN THE MATTER OF:

SHRI JAGDISH PRASAD … COMPLAINANT

VERSUS

M/S OM KRISHNA DEVELOPERS PVT. LTD. & ANR. … ACCUSED PERSONS

EVIDENCE BY WAY OF AFFIDAVIT OF LAL BABOO PRASAD

I, Jagdish Prasad S/o Late Sh. Dulli Chand R/o H.No.G-14, Delhi
Police Residential Complex, Sector-16-B, Dwarka, New Delhi-110078,
do hereby solemnly affirm and declare as under:

1. That the deponent is the complainant in the above noted case and
being well conversant with the facts and circumstances of the case
and as such am competent to swear in this affidavit.

2. That the deponent is a peace loving citizen of India and is residing

at H.No.G-14, Delhi Police Residential Complex, Sector-16-B,
Dwarka, New Delhi-110078 with his family.

3. That the accused No.1 through one of his official namely Narender
Kumar Bajaj S/o Sh. Lal Chand met with deponent at his branch
office 111-113, 1st Floor, Best Arcade, Plot-3, Pocket-6,
K.M.Chowk, Sector-12, Dwarka, New Delhi and introduced himself
as CEO of the accused No.1 and stated that the accused No.1 is
going to developed a city in the name & style of “Grand Sapphire
Project” and it has obtained all the necessary permission from the
concerned departments and induced deponent for investment in
the accused No.1 and assured for high return and he also gave his
mobile No.9711099662 to deponent and assured that deponent
would gain huge profit on investment in the said project. Believing
the representation and rosy picture shown by said Narender
Kumar Bajaj, the CEO of accused No.1, deponent invested total
amount of Rs. 1,70,000/- (Rupees One Lakh Seventy Thousand
Only) Rs. 1,50,000/- through cheque bearing No.000972 dated
05.08.2009 drawn on UTI Bank Limited and Rs.20,000/- in cash
 as registration amount for plot in the above mentioned project, in
favour of the accused No.1.

4. That the accused No.1, assured return of 12 % per annum on

investment in grand sapphire project at Behror, Neemrana,
Rajasthan and further assured that a minimum appreciation of
24% (for two years on the account invested by its valued Clients in
“Grand Sapphire” project and also undertakes to repay the
principal together with simple interest @ 12 % per annum (return
can be avail after one year lock in period).

5. That the deponent invested the amount of Rs. 1,70,000/- in the

month of August, 2009 and despite passing of considerable period
of 5 years, accused persons have not handed over the plot to
deponent. The deponent visited number of times to the offices of
accused persons and finally came to know that accused persons
have not built up any project and cheated number of person. On
repeated request, accused persons agreed to return the money of
deponent with interest of only period of 2 year through cheques.

6. That the accused No.2, on behalf of accused No.1 issued one

cheque bearing No. 142892 dated 02.01.2015 for amount of Rs.
1,70,000/- of principal amount and another cheque bearing
No.142898 dated 15.01.2015 for Rs.40,800/- of interest accrued
upon the principal amount, both drawn on YES Bank Ltd. Ground
Floor, Anchor No.2 D-Mall, Plot No.1, Netaji Subhash Place,
Pitampura, New Delhi-110088 in the name of deponent, with
assurance that the same would be encashed on their presentation.
The cheque is exhibited as Ex. CW-1/A.

7. That believing upon the representation and assurances of accused

No.2, deponent tendered the cheque bearing No. 142898 dated
15.01.2015 for Rs.40,800/- (Rupees Fourty Thousand Eight
Hundred) for encashment in his Bank i.e. Axis bank Limited, but
deponent was shocked and surprised when he came to know that
the said cheque was dishonored by their banker due to reason
‘Funds Insufficient’ vide cheque returning memo dated
17.01.2015. The cheque returning memo is exhibited as Ex. CW-
1/B.
8. That the deponent informed accused No.2 regarding the dishonor
of the above said cheque but accused persons started avoiding
deponent and deponent also came to know number of persons who
had invested in their project experienced the same behavior and
accused persons have cheated public at large by showing them
rosy picture of giving plot and receiving money on false pretext and
thereby running away with the hard earned money of the innocent
people.

9. That the above said cheque was issued by accused persons, the
accused No.2 for and on behalf of the accused No.1 and duly
signed by accused No.2 in order to discharge their legally
enforceable liability of repaying amount invested in above said
project and the accused No.2 had instructed deponent to present
the said cheque but the same has been dishonoured due to ‘funds
insufficient’ in their account. Thus, from their acts and conduct it
is clear that they had issued the said cheque in favour of deponent
knowing fully well that the account from which the said cheque
was drawn, would not honour the said cheque and that accused
persons knew it very well that the said cheque would be
dishonored on its presentation.

10. That having left no other option with him, the deponent got issued
a legal demand notice through his counsel on 23.01.2015 and the
same was sent to the accused persons by way of Speed Post. The
legal notice has been served upon the accused persons, but the
accused persons neither sent any reply to the legal notice nor paid
the demanded amount covered by the above said dishonoured
cheque within stipulated period. The legal notice, postal receipts
and internet generated proof of delivery are exhibited as Ex. CW-
1/C, Ex. CW-1/D (Colly) and Ex. CW-1/E (colly). The returned
envelops with the report “left without address return to sender” are
exhibited as Ex. CW-1/F and Ex. CW-1/G.

11. That the above said cheque has been issued by the accused
persons against their legally enforceable debt and liability towards
the deponent.
12. That the accused persons have failed to pay the amount covered by
the dishonoured cheque within 15 days or even till date of filing
the present complaint, hence, the accused persons have committed
an offence punishable under section 138 of N.I.Act.

13. That the complaint is being filed well within the period of limitation
as prescribed under section 138 of N.I.Act, 1881 as amended up to
date.

14. That the deponent has not filed similar complaint seeking similar
relief in the any court of India in respect of cheque bearing
No.142898 dated 15.01.2015 for Rs.40,800/- of interest accrued
upon the principal amount, drawn on YES Bank Ltd. Ground
Floor, Anchor No.2 D-Mall, Plot No.1, Netaji Subhash Place,
Pitampura, New Delhi-110088.

15. That the deponent is residing in Delhi and the cheque has been
tender in Delhi and the cheque drawn YES Bank Ltd. Ground
Floor, Anchor No.2 D-Mall, Plot No.1, Netaji Subhash Place,
Pitampura, New Delhi-110088 situated within the jurisdiction of
this Hon’ble Court, hence this Hon’ble Court has competent
jurisdiction to entertain, try, and adjudicate the present complaint
and punish the accused person according to law.

16. That the deponent filed the complaint within the period of
limitation and same is Ex.CW-1/H bears the signature of the
deponent as complainant is at point-A on the complaint.

Deponent

VERIFICATION:

Verified at New Delhi on March, 2015 that the contents of the

above affidavit are true and correct to my knowledge and that
nothing material has been concealed there from.

Deponent