IN THE METROPOLITAN MEGISTRATE 68TH COURT

AT BORIVALI, MUMBAI
C.C. NO.273/SW/2015

MR. RAMKUMAR MISHRA

.COMPLAINANT
V/S
MR. KAMLESH SHAH
..ACCUSED

VERIFICATION
I , RAMKUMAR MISHRA, complainant abovenamed, residing at
room no. 96, madhu soma bhagat chawl sukarwadi, m.g. road
no.9, borivali (east), Mumbai-400 066, do hereby solemnly
affirmed and states as under:
I am a peace loving citizen and residing at the abovenamed
address mentioned in the cause title with my family for more
than 12 years. I am an electrician by profession for more than
25 years and earning my livelihood.
I know the accused Mr.Arshad khan for more than 7 years. I
say that the accused approached me for friendly loan to the
tune of Rs.4,00,000/- (Rupees Four Lakhs only) with an
assurance that he will return the same to me within the span
of two years as he was in financial crisis. I agreed to give the
said amount to the accused, and the accused assured me that
he will return me back within two years. The accused Has also
executed an undertaking on stamp paper dated 17.09.2007
that he will return the said amount of rs.400,000/- (Rupees
Four Lakhs only) within two years and if he fails to return the
said amount, than I shall have liberty to file appropriate

proceedings against him. After the lapse of two years when I

demanded form the accused to return back the said amount
of Rs.400,000/-, the accused gave evasive reply. Thereafter, I
also visited the accused residence as well as at his karkhana
several times but the accused did not made any payment to
me.However, despite the accused had accept his liability to
pay the same me but the accused had failed to pay the said
amount to me. I had repeatedly made reminders to the
accused for the payment of Rs. 400,000/- (Rupees Four Lakhs
only) at last the accused is discharge of his legally
enforceable liability and debt, the accused, issued a cheque
bearing No. 581189 dated 07.10.2011 for Rs. 400,000/(Rupees Four Lakhs only) drawn on state bank of India Borivali
(East) branch in favour of me against the friendly loan which
the accused had taken from me.
However, I had deposited the said cheque to his bank but to
his utter shock and surprise the said cheque got dishonoured.
I went to enquired from the accused as to why he has not
arranged for the money as his cheque got dishonoured,
immediately the accused replied that he had not issued his
cheque but he had issued his brothers cheque i.e Mr.
PARVEZALAM MOHD TARIQE KHAN. I asked as to why he did
so, in return the accused said mai tere chaar lakh rupaya
nahi dunga, mai sab khaa gaya, jaa tereko jo karana
hai kar le mai kisise nahi darrta hu.
Against the said dishonoured cheque I had filled complaint
U/s. 138 of Negotiable Instruments Act against the accused
and his brother Mr. PARVEZALAM MOHD TARIQE KHAN before
the Metropolitan Magistrate 43rd Court at Borivali, Mumbai
vide C.C. No. 11/SS/2012. Thus the accused had dishonesly
induces me and deceived me to deliver a sum of Rs.
4,00,000/- (Rupees Four Lakhs only) to him and the accused
had

dishonestly

misappropriated

the

said

sum

of

Rs.

4,00,000/- for his own use thereby putting wrongful loss to me

and wrongful gain to the accused himself. Thats how the

accused had cheated me and misappropriated my amount to
the tune of Rs. 400,000/-

I went to Kasturba Marg Police

station to lodge complaint against, the accused, however the

officer on duty did not lodge the complaint and turned his
deaf ear. Hence I had approached my advocate and narrated
the entire abovesaid incidents and accordingly my Advocate
had drafted the complaint address to Kasturba Marg Police
Station. Thereafter on 8th August, 2013 the police from
Kasturba Marg Police Station had called me to give my
statement and accordingly I had given my statement.
Thereafter the police had call accused to enquire with him as
to when he is supposed to pay the amount claimed by me.
However, the accused denied before the said police. The duty
officer had asked me to file complaint before the Metropolitan
Magistrate Courts as they did not have any order to
investigate and/or to conduct full enquiry against the accused
thats the reason the duty officer has set free the accused and
did not took him in the custody. Accordingly I had filed
complaint before this honble court earlier vide C.C No.
371/SW/2013 against the accused, but the predecessor had
mistaken the facts and dismissed the complaint filed me. The
accused had cheated me and misused my amount for his
personal use with malafide intentions not to returned back the
same to me and in return the accused in discharged of his
liability, he has issued the subject cheque of his brother in
favour of me by saying that he is issuing his cheque. Thereby
accused has cheated me with intention of wrongful gain to
himself and wrongful loss to me. Thus I had no other options
but to approach this honble court for appropriate reliefs.
The accused had dishonestly cheated me and swallowed my
amount to the tune of Rs.4,00,000/- and he had put me to
wrongful loss and wrongful gain to himself. In the interest of
justice and with the folded hands I
Honble court that I will get justice.

had approached this

I Therefore it is humbly prayed that Process be issued against

the accused u/s 406 and 420of Indian penal code and accused
be delt with according to the law.
Solemnly affirmed at Mumbai this 23rd Day of February, 2016.

RAMKUMAR
MISHRA
(COMPLAI
NANT)

ADVOCATE FOR THE COMPLAINANT

BEFORE
ME
68 TH
M.M.COURT
BORIVALI,
MUMBAI

VERIFICATION
I RAMKUMAR MISHRA, the complainant abovenamed, do
hereby declare on solemn affirmation that what is stated in
the forgoing paragraphs of the complaint is true and correct
to the best of my knowledge.
Solemnly declared at Mumbai
This ____day of February, 2016
Before me

)
)

Identified by me

Advocate for the complainant