IN THE COURT OF METROPOLITAN MAGISTRATE,
SAKET COURT, NEW DELHI
CRIMINAL COMPLAINT NO.............OF 2023
IN THE MATTER OF:
SHUBHAM KAGDIYAL & ORS. ...Complainant(s)
VERSUS
KAPIL TAK & ORS. ...Accused(s)
PS: Mehrauli, NEW DELHI
U/S. 156(3) of Cr.P.C
INDEX
SR.NO. PARTICULARS PAGE NO
1. MEMO OF PARTIES
2. APPLICATION UNDER SECTION 156(3)
OF CODE OF CRIMINAL PROCEDURE,
1973 ALONG WITH AFFIDAVIT
3. LIST OF DOCUMENTS
4. VAKALATNAMA
THROUGH
SIDDHARTH PRAVEEN ACHARYA(ADVOCATE)
A-62, Ground Floor, DEFENCE COLONY, NEW DELHI
Email: - siddharthacharya90@gmail.com
8080989023
PLACE: - DELHI
DATE: -
IN THE COURT OF METROPOLITAN MAGISTRATE,
SAKET COURT, NEW DELHI
CRIMINAL COMPLAINT NO.............OF 2023
MEMO OF PARTIES
IN THE MATTER OF:
Shubham Kagdiyal
S/O Late Sh. Harkirat Singh,
Aged about 55 years,
R/o 334, Nilgiri Apts.,
Alaknanda,
New Delhi – 110019 …Complainant No.1
Nasim Alam
25, Sandall Road,
Ealing, London
W5 1HZ, UK …Complainant No.2
Rishikesh Pandey …. Complainant No.3
Versus
Kapil Tak
R/O: N-248,
Greater Kailash-I,
New Delhi-110058 …. Accused No. 1
Meena Tak …. Accused No. 2
Rahul Tak …. Accused 3
SIDDHARTH PRAVEEN ACHARYA(ADVOCATE)
A-62, Ground Floor, DEFENCE COLONY, NEW DELHI
Email: - siddharthacharya90@gmail.com
8080989023
PLACE: - DELHI
DATE: -
IN THE COURT OF METROPOLITAN MAGISTRATE,
SAKET COURT, NEW DELHI
CRIMINAL COMPLAINT NO.............OF 2023
IN THE MATTER OF:
Shubham Kagdiyal & Ors. ...Complainant(s)
Versus
Kapil Tak & Ors. ...Accused(s)
APPLICATION UNDER SECTION 156(3) r/w 200 OF CODE OF
CRIMINAL PROCEDURE, 1973 TO REGISTER THE F.I.R. AGAINST
THE ACCUSED FOR THE CRIMINAL OFFENCES OF THREAT TO
LIFE, HARRASMENT, CRIMINAL BREACH OF TRUST AND NON-
REPAYMENT OF LOAN UNDER SECTION 405/415/420/503/506 & 120
B OF INDIAN PENAL CODE, 1860
MOST RESPECTFULLY SHOWETH: -
1. That Accused No.1 has borrowed a significant sum of money from
Complainant(s) on separate occasions, and despite repeated verbal
requests and Legal Notice to repay the borrowed amount, he has failed to
repay the borrowed money. The transaction details are as follows: -
i.) Mr. Shubham Kagdiyal lent Rs. 11,01,500/- (Eleven Lakh One
Thousand and Five Hundred Only) to Accused No.1 from May
2022 to March 2023.
ii.) Mr. Nasim Alam lent Rs. 37,05,840/- (Thirty-Seven Lakh Five
Thousand Eight Hundred and Forty Only) to Accused No.1 from
January 2022 to March 2023.
iii.) Mr. Rishikesh lent Rs. 4,25,000/- (Four Lakh Twenty-Five
Thousand Only) to Accused No.1 from November 2022 to March
2023.
2. That Accused No.1 has failed to repay the borrowed amount, resulting in
a total outstanding debt of a total sum of Rs. 52,32,340/- (Fifty-Two Lakh
Thirty-Two Thousand Three Hundred and Forty Only).
3. It is pertinent to state that the accused persons never intended to return
the money to the Complainants, and they have wilfully and intentionally
induced the Complainants to extend their loan with explicit and clear
intentions of cheating and defrauding them.
4. Accused No.1 has issued threats to Complainants, regarding their safety
& reputation and well-being, these threats include false and baseless
allegations of misconduct and molestation, as well as direct threats of
physical harm. These actions have caused extreme distress to the
Complainants.
5. Accused No.2 has threatened to file a false case alleging that
Complainants have tried to misbehave with her daughter. However, she
later admitted on a call that this was a lie and fictitious and that such an
incident had not taken place. She has also further threatened to contact
the organization of the Complainants and spread malicious rumours to
ensure that the jobs of the Complainant get affected.
6. Accused No.1 threatened to complainants on call, by way of asking for
their address and checking where the families of the complainants reside
thereby causing them severe anxiety and fear for the lives of their family
members.
7. Accused No.1 in an extremely hostile tone has threatened and challenged
to complainants by asking them to come to his place of residence which
is in Jaipur if they want to get their money back and then further
threatened them, stating that the complainants will not leave the city alive
if they will try to ask them to repay the money which is owed to them.
8. It is apprehended to the Complainants that Accused No.2 may file a false
case of molestation against them that they have molested her daughter.
The only purpose of the accused persons herein is to harass the
Complainants and not let live them in peace.
9. The accused persons hold the capacity to file false and bogus complaints
against the Complainants with criminal intent and recordings of the
threats of false cases of molestation are also recorded by the
Complainants and the same is duly available.
10. The accused persons have threatened to Complainants with life and dire
consequences on call and even in person.
11. It is pertinent to state that the Complainants are in possession of the call
recordings as well wherein Accused No. 2 has explicitly threatened them
to harm and kill if they make a request to them to return their own money.
12. It is pertinent to state that, the Complainants apprehend that their lives
along with the lives of their families are in danger, and if appropriate
action will not be taken against the accused persons immediately,
Complainants are uncertain of what can and will happen to them.
13. It is pertinent to state that the accused persons have claimed that they
have familiarity, approach, and connection in the police department, and
they can ruin the lives of Complainants, their families and reputation in
seconds. They have also threatened them to strip them of their jobs, they
have also claimed that through their approach with powerful
personalities, they can ensure that Complainants will not get jobs
anywhere else.
14. It is pertinent to mention herein that, after the receipt of legal notice
dated 04.08.2023, on 14.08.2023, Accused No.2 again made a call to
Complainant on 15.08.2023 and threatened him to not resort to a legal
route for the recovery of their amount otherwise she will ensure their
death or worse a life not even worthy of living. The copy of the Legal
notice served to Accused No.1 on 04.08.2023 is annexed herewith as
Annexure A/1 at pages to
15.That Accused No.1 had borrowed the hard-earned money of the
complainants and caused irreparable monetary and mental injury to the
complainants.
16. It is relevant to mention here that there is a recording of Accused No. 2
talking to one of the complainants in which Accused No. 2 threatened the
Complainants to file a false case alleging that the Complainants have
tried to misbehave & molest her daughter.
17.That after this said Legal Notice a complaint was submitted to Station
House Officer on date 31st August 2023 at Mehrauli Police Station, New
Delhi, Pin – 110017, pertaining to the incident mentioned above but it is
very unfortunate that more than one month has passed since the
complaint was submitted in the respective Police Station of Mehrauli but
no action has been taken in respect of the said complaint yet. The copy of
the said complaint dated 31 st Aug 2023 is annexed herewith as
Annexure A/2 at pages to
18.There are various transactions in the account of the accused and his
known persons in which the amount was transferred. Copy of the
transaction details, dated: NIL is annexed herewith as Annexure A/3 at
pages to
19. Therefore, this Hon’ble Court has the jurisdiction to direct the concerned
Police Official to lodge the FIR against the Accused(s) and investigate
this case.
20. That looking no action from the Police the present complaint is being
filed before this Hon’ble Court to protect the rights, and the hard-earned
money of the Complainants and further the accused persons may be
prosecuted for their illegal act done.
21. That the police have not registered the case besides the written
complaints. The police even did not enquire about the incident nor have
any action been taken against the accused persons. Even the police did
not think it fit to talk with the Complainants despite a written complaint
and the presence of recording evidence against the accused(s).
22.It is stated that the accused persons have claimed that they have
familiarity, approach, and connection in the police department, and they
can ruin the lives, families and reputation of the Complainants in seconds.
They have also threatened to strip them of their jobs, they have also
claimed that given their approach with powerful personalities they will
ensure that they will not get jobs anywhere else.
23. This inaction of the police officials shows that the police have the hand
in gloves with the accused persons and deliberately cover the accused
persons from being arrested and punished by the law which is causing
injustice to the complainants and to society as the accused(s) are habitual
of doing these kinds of offences.
24.That it is trite of law and held in “State of Haryana V/s Bhajan Lal,
AIR 1992 S.C. 601” that if any information disclosed before the police
officer about cognizable offence U/s 154 Cr.P.C., the police officer is
liable to register a case based on the information.
25.That the Hon’ble Apex Court has held in “Madhu Bala V/s Suresh
Kumar and others, 1997 JCC 532 S.C.” that the Magistrate can direct
U/s 156(3) of Cr.P.C. for investigation and report upon which police can
only investigate a cognizable case after it is formally registered. The
other judgement decided by the Hon’ble Apex Court on an identical
question of law is “Mohd. Yusuf V/s Smt. Afaq Jahan and Anr. 2006 I
AD(S.C.) 157: AIR 1973 S.C. I: Gopal Dev AIR 1960 S.C. 986, State
of Assam V/s Abdul Noor AIR 1970 S.C. 1365: Parivartam & Anr.
V/s MCD & Ors. 2006(IV) AD 634 HC DB: Laxmi Narayan Gupta
V/s C.P. 2006 (LCR) 3 181 DELHI: Ramesh Kumari V/s State 2006
(III) AD 28 SC: Lallan Chaudhary & Ors. V/s State of Bihar 2006(3)
JCC 1731 SC: Sakiri Vasu Vs. State of U.P. 2008(1) JCC 113”
26.That further is the Case of “Lalita Kumari vs State of U.P.” the Hon’ble
Supreme Court has categorically ruled in respect of the registration of
FIR in such cases.
PRAYER
It is, therefore, most respectfully prayed that this Hon’ble Court may kindly be
pleased to: -
i.) Pass appropriate orders and direct the police officers concerned to
lodge an FIR against the accused persons under section
405/415/420/503/506/120B IPC in the interest of justice and/or the
accused persons may be summoned in accordance with the law and be
prosecuted and punished for the various offences committed by them;
and/or
ii.) pass any other order(s) which this Hon’ble Court may deem fit and
proper, in the interest of justice.
SIDDHARTH ACHARYA(ADVOCATE)
2/2A,3rd Floor Laxmi Insurance Building,
A-62, Ground Floor, DEFENCE COLONY, NEW DELHI
Email:- siddharthacharya90@gmail.com
8080989023
PLACE: DELHI
DATE: . .2023
IN THE COURT OF METROPOLITAN MAGISTRATE,
SAKET COURT, NEW DELHI
CRIMINAL COMPLAINT NO.............OF 2023
IN THE MATTER OF:
Shubham Kagdiyal & Ors. ...Complainant(s)
Versus
Kapil Tak & Ors. ...Accused(s)
Affidavit
I, ……………… , Son of ………………… , Aged….Years, resident of
………….o solemnly swear on oath:
1. That I am the Complainant No.1 in the above-mentioned proceedings,
and am fully aware of the facts and circumstances of this case and duly
authorized and competent to swear this affidavit on behalf of all the
Complainants as the Power of Attorney Holder for my sister Dr
Inderpreet Kaur Bagga issued for executing this property transaction.
2. That I have read and understood the accompanying Complaint and state
that the facts stated therein are true and correct to the best of my
knowledge.
3. That the annexures are true copy of their Originals.
Signed at New Delhi this ___________ day of ___________2023
DEPONENT
VERIFICATION
Verified on this the day of October ,2023 at New Delhi,
that the contents of this affidavit are true to the best of my knowledge,
information and belief.
DEPONENT
