IN THE COURT OF _______________

CIVIL JUDGE (JUNIOR DIVISION), GURUGRAM

COMPLAINT NO.______ OF 2022

BETWEEN:
RITESH BIJORIA
Aged around ____ years
S/o Mahesh Bijoria
R/o House No. 703, Tower- C,
Princeton Estate, DLF Phase- 5,
Gurgaon, Haryana
…
COMPLAINANT

AND:
1. AJAY PARMAR
Aged around 51 years
S/o Jaipal Singh Parmar
R/o F-87A, 2nd Floor, Sushant Lok-3
Behind Boom Plaza, Sector-57,
Gurgaon, Haryana- 122001
2. DR. RAJENDER SINGH CHAUHAN
Aged around 54 years
S/o Randhir Singh Chauhan
R/o 451/B/19, Khandsa Road,
Near SBI, Shivaji Nagar,
Gurgaon, Haryana- 122001
3. RANDEEP SINGH CHAUHAN
Aged Around 53 years
R/o N-139, Luxotica,
Mayfield Garden, Behind M2K Corporate Mall,
Sector-51, Nirvana Country,
Gurgaon, Haryana- 122018
4. M/S. Pemium Medicare Pvt. Ltd.
Through its Authorized Representative
Dr. Rajendra Chauhan
Having its registered office at
G-40, South City-1,
Gurugram, Haryana- 122001
…ACCUSED
COMPLAINT U/S.200 OF CRIMINAL PROCEDURE CODE, 1973 R/W
SECTION 120B, 339, 352, 406, 420, 463, 464, 465, and 468 OF THE
INDIAN PENAL CODE, 1860

MOST RESPECTFULLY SHOWETH:

The address of the parties for the purpose of service of summons, process
etc., from this Hon’ble Court are as set out in the cause title above. However,
the Complainant may also be served through his counsel M/s Demeterali
Legal Chambers, Jaikush Hoon, C-511, C.R. Park, New Delhi- 110019.

FACTS IN BRIEF:

1. That the complainant is the director and a shareholder in the company

M/s Online Medi Consult Pvt. Ltd. having its registered office at P3C,
Princeton Estate DLF Phase-5, Gurugram.

2. That the complainant’s wife, Mrs. Manorma Bijoria and Mr. Ajay Parmar
(Hereinafter referred to as Accused no. 1 were the Directors of Online
Medi Consult Private Limited (Hereinafter referred to as “OMC”) and held
5000 shares each in their name. It is imperative to say that Accused no.1
did not contribute financially to the company at any point of time rather
he was availing the salary and personal loan from the company.

3. That in the year 2017, the complainant joined the firm in the capacity of
the Director and CEO of the company. He was taking care of the company
administration and finance related issues. The company was doing well
during the time and all the expenses were taken cared for by him and his
wife.

4. That in November 2018, Accused no. 1 shared that there is a company

with the name Premium Medicare Private Limited (hereinafter referred to
as “Company”) which is available for sale for of Rs. 5,10,00,000/- (Rs. Five
Crores Ten Lakhs Only) and also asserted that the buying out of the
company would be lucrative and beneficial for OMC. The complainant was
reluctant as we did not have the required funds, to which Accused no. 1
convinced him to enter into a Joint Venture (hereinafter referred to as
“JV”) with Dr. Rajendra Singh Chauhan (Hereinafter referred to as Accused
no. 2), his brother in law, who had the required clout and resources to
fund this deal.
5. That it was mutually agreed that for the sum of Rs. 5,10,00,000/- (Rs. Five
Crores Ten Lakhs Only), a JV would be formed between OMC and City
Diagnostics in which Accused no. 2 is a proprietor. According to the JV,
City Diagnostics will loan Rs. 2,30,00,000/- (Rs. Two Crores Thirty Lakhs
Only) to OMC for buying the Company And OMC will take care over the
liability of Premium Medicare Pvt Ltd of Rs 3,00,00,000/- (Rs. Three Crores
Only) of DHFL machinery loan. DHFL Loan Document and Statement is
produced herewith as Document No. 4.

6. That the JV which was signed on behalf of OMC by Accused no. 1 and no.
2 on behalf of ‘City Diagnostic’ was different than that was shared by the
complainant, and it was without prior knowledge and without compliance
of board authorization. The said JV Agreement was never shared with him
and was kept as a secret document. This is important to mention in here
that stamp paper for the same purpose was bought on 13.10. 2018, but
the document was signed amongst them on 29.09.2018. Thus, the
constant discrepancies with the content of the JV, dates etc. show that
they have committed the offence of Cheating u/s 420 of IPC and Criminal
Breach of Trust u/s 406 of IPC. The copy of the JV is produced herewith as
Document No. 1.

7. That the premeditation and well planned malafide strategy against the
complainant and his business should be noticed and considered as
commission of criminal conspiracy u/s 34 and 120-B of IPC.

8. That Accused no. 1 has also committed the crime of Forgery u/s 463, 464,
465, and 468 of IPC by forging the signature of the complainant on the
concocted board resolution drafted and passed on 8 th November 2018 on
behalf of the OMC, which illegally transferred 50% shareholding to
Accused no. 2. The copy of the board resolution is produced herewith as.
The complainant got forensic inspection of the above mentioned
document where it was found that his signatures have been forged. The
copy of the beforementioned Defective Board Resolution and Forensic
Report is produced herewith as Document No. 17 and Document No.
13 respectively.

9. That company was in requirement of funds for their regular conduct of

business, Mr. Randeep Chauhan (Hereinafter referred to as Accused no. 3)
was introduced by Accused no. 1, who is a cousin of Accused no. 2, who
infused Rs 65,00,000/- (Rs. Sixty-Five Lakhs Only) as a loan in the
 company and was given assurance of 10% equity. A copy of share
transfer agreement annexed herewith as Document No. 3.

10. That during March 2020, Accused no. 1 started taking care of the
financials of the company and sidelined the complainant from his existing
role and he was given a new role in sales. It is important to mention that
during the same time period, cash vouchers worth Rs. 45,00,000/- (Forty-
Five Lakhs Only) went missing which was duly pointed out by the Auditor
in her report in March 2021. The copy of the beforementioned Auditor
Statement is produced herewith as Document No. 5. Subsequently, the
Accused no.1 arrogantly dealt with the issue at hand and finally had to
resign from the post. The copy of the Resignation Letter is produced
herewith as Document No. 6.

11. That, later in 05.06.2021, it was decided that the company would be
sold to Mr. Syed Tariq Bukhari for consideration of Rs. 8,10,00,000/- (Rs.
Eight Crores Ten Lakhs Only). But later on, 01.02.2022, a board meeting
resolution was passed without having a required quorum of 1/3 strength
in the meeting and same was executed just as per their whims and
fancies followed with the illegal cancellation of the sale agreement with
Mr. Syed Tariq Bukhari. The copy of the Notice of the Board meeting
dated 04.02.2022 and the sale agreement between is produced herewith
as Document No. 7 and Document No. 8.

12. That after receiving the copy of the abovementioned notice, a revert
was made by Mr. Syed Tariq Bukhari where it was made crystal clear that
the Accused persons cannot go ahead against the company or them in
such a manner. The copy of the email and notice sent by Mr. Syed Tariq
Bukhari are produced herewith as Document No. 10 and Document
No. 11.

13. That on 01.04.2022, a notice for an extraordinary meeting for

appointing Accused no. 1 and 2 and remove Mr. Syed Tariq Bukhari from
directorship of the company was sent by Accused No. 3. The copy of the
Notice is produced herewith as Document No. 9. Objection were raised
by Ministry of Corporate Affairs via a mail on 11 th May 2022 to which the
Accused persons have not reverted. The copy of the Email is produced
herewith as Document No. 12.

14. That on 02.04.2022, Accused no. 1, 2 and 3 arrived at the company

office space and illegally took possession of the compound. Hence, two
criminal complaints were made against them dated 02.04.2022, &
 26.04.2022. A copy of the complaints are marked and annexed herewith
as Document No. 14 & 15 respectively.

15. That on 11.07.2022, the complainant and Mr. Syed Tariq Bukhari went
to the Centre to reclaim the possession and management as there was no
stay granted or no appeal had been filed but the complainant was
specifically mistreated by Accused no. 1, 2 and 3 and the wife of Accused
no. 2 despite having a court order in hand for the righteous claims made
before them. A copy of the order dated 08.07.2022 is marked and
annexed herewith as Document No.16.

16. That she stopped us at the gate by restraining us from even entering
the premises, the complainant was denied entry by use of force, despite
being the Director and the shareholder of the Company. Thus, they have
committed the offence of wrongful restraint u/s 339 and assault or use of
criminal force u/s 352 of the IPC. She also hurled abuses at him, hurt his
dignity and self-respect in front of his staff and partners. Later they also
filed a false complaint against him and the other Director.

17. That the complainant is unable to enter the premises of his own
company, maintain the inventory, the products and heavy machinery
setup inside the office which is causing huge damage to property and in
turn is affecting his opportunity to conduct his business rightfully and this
is infringing his fundament right to carry any trade or business as granted
by Article 19(1) (g) of the Indian Constitution.

18. That the complainant is also concerned that the wrongdoings, actions
and inactions of the Accused no. 1, 2 and 3 are taking a toll on the
business and goodwill of the company resulting in monetary loss as well a
loss of reputation in market.

19. That, in this case a proper police investigation is required. However,

police have not taken any action nor registered any FIR in this matter
because of the reasons best known to them.

20. That the complainant, his family, and his business partner are shocked
at this act of cheating and forgery by the Accused no. 1, 2 and 3 and have
undergone mental agony on this account and financial hardship facing
present situation.
21. That applicant submits that in the given facts and circumstances, the
complainant being a victim is left with no alternative but to approach this
Hon’ble Court for Justice as the police have failed to act in the matter of
complaint

22. It is further submitted by the Complainant herein that the cause of

action has arisen within the territorial jurisdiction of this Hon’ble Court
and that this Hon’ble Court has territorial jurisdiction to entertain and try
this complaint.

23. That the case has been filed within the period of limitation and on
proper stamps.

PRAYER:
WHEREFORE, it is most humbly prayed that this Hon’ble Court be
pleased to: -

a) To take cognizance of the offence committed by the accused under

Section ____ of The Indian Penal Code, 1860 and direct issue of process to
the accused.

b) Thereupon to try the accused for the offence punishable under the
aforementioned sections and punish the accused by imposing the
maximum sentence and fine.

c) To order for payment of compensation out of the fine amount under

Section 357 of The Code of Criminal Procedure to the complainant.

NEW DELHI
Date:

Complaint
Through
JAIKUSH HOON
(ADVOCATE)
DEMETERALI LEGAL
C-511, C.R. PARK
NEW DELHI, 110019

VERIFICATION
 I, the authorized representative of the Complainant do
hereby verify that the contents of paras-1 to 20 are true and correct to the
best of my knowledge and belief.

NEW DELHI.
Date:
COMPLAINANT

IN THE COURT OF _______________

CIVIL JUDGE (JUNIOR DIVISION), GURUGRAM

COMPLAINT NO.______ OF 2022

IN THE MATTER OF: -

RITESH BIJORIA
...Complainant

AND

DR. RAJENDER SINGH CHAUHAN AND ORS.

...Accused

LIST OF DOCUMENTS

DOCUMENT NO.1 Signed copy of the Joint venture

DOCUMENT NO.2 Sale Agreement between OMC and Premium
Medicare

DOCUMENT NO.3 Copy of Share Transfer Agreement to Mr. Randeep

Chauhan

DOCUMENT NO.4 DHFL Loan Document and Statement

DOCUMENT NO.5 Statement from Auditor with report of missing

funds

DOCUMENT NO.6 Resignation Letter of Mr. Ajay Parmar

DOCUMENT NO.7 Sale Agreement between Mr. Syed Tariq Bukhari

and M.s Premium Medicare

DOCUMENT NO.8 Notice for board meeting on 04.02.2022

DOCUMENT NO.9 Notice to call EGM n 01.04.2022 by Mr. Randeep

Singh Chauhan

DOCUMENT NO.10 Email conversations between Mr. Bukhari and

others regarding cancellation of deal with Mr.
Bukhari

DOCUMENT NO. 11 Notice sent by Mr. Syed Bukhari to Dr. Rajendra

Chauhan against misrepresentation of being the
owner of the company

DOCUMENT NO.12 Mail by Ministry of Corporate Affairs seeking

clarifications

DOCUMENT NO.13 Forensic Report of the forged signatures by Mr.

Ritesh Bijoria

DOCUMENT NO.14 Police complaint to the SHO to register FIR by Mr.

Ritesh dated 02.04.2022.

DOCUMENT NO.15 Police complaint to the Commissioner to register

FIR by Mr. Ritesh dated 26.04.2022

DOCUMENT NO.16 Court Order dated 08.07.2022

DOCUMENT NO.17 Copy of the Defective Board Resolution dated

08.11.2018

NEW DELHI
Date:
Complaint
Through
 JAIKUSH HOON
(ADVOCATE)
DEMETERALI LEGAL
C-511, C.R. PARK
NEW DELHI, 110019

IN THE COURT OF _______________

CIVIL JUDGE (JUNIOR DIVISION), GURUGRAM

COMPLAINT NO.______ OF 2022

IN THE MATTER OF:

RITESH BIJORIA
...Complainant

AND

DR. RAJENDER SINGH CHAUHAN AND ORS.

...Accused
 INDEX

SL Description Page No.

NO.

1. Complaint U/s 200 of CrPC R/w Sec. 120B,

339, 352, 406, 420, 463, 464, 465, and 468
of the Indian Penal Code, 1860.

2. List of Documents along with Documents.

3. Vakalatnama

New Delhi
Date:
Complaint
Through
JAIKUSH HOON
(ADVOCATE)
DEMETERALI LEGAL
C-511, C.R. PARK
NEW DELHI, 110019