IN THE COURT OF LD. C.M.M.

, SHAHDARA-DISTRICT,
KARKARDOOMA COURTS, DELHI.
CRIMINAL COMPLAINT NO. OF 2024
IN THE MATTER OF:-
SH. MOHIT GUPTA …COMPLAINANT
VERSUS
MRS. ETTY MITTAL & ORS. ...ACCUSED PERSONS

P.S.: FARSH BAZAR

DISTRICT: SHAHDARA

INDEX
S.NO. PARTICULARS C. PAGES
FEES
1. CHECK LIST
2. MEMO OF PARTIES
3. COMPLAINT U/S 200 Cr.P.C.
WITH SUPPORTING AFFIDAVIT
4. APPLICATION U/S 156 (3)
Cr.P.C. ALONGWITH DETAILED
AFFIDAVIT
5. LIST OF WITNESSES
6. LIST OF DOCUMENTS
ALONGWITH DOCUMENTS
7. VAKALATNAMA

COMPLAINANT
THROUGH
DELHI.
DATED: ADVOCATE
 CHECK-LIST

1. Details of the cases whether Complaint U/s 200 Cr.P.C.

138 N.I. Act, Complaint & Application U/s 156 (3)
Case etc., Cr.P.C.
2. Total Cheque(s) amount N.A.
only in 138 Cases.
3. Area of Bounce Cheque. N.A.
4. Name & Address of the Sh. Mohit Gupta
Complainant, S/o Sh. D.P. Gupta
Age: ___ years R/o A-301, Mahavir
(whether Sr. Citizen) Apartments, Opposite Taj
Gender: Male Vivanta Hotel, Sector-22,
Contact No: District Court Complex,
Dwarka, South West,
Delhi-110075.
5. Name & Address of the Mrs. Etty Mittal
Accused(s), W/o Sh. Deepak Gupta
Age: ___ years R/o C-154, 2nd Floor,
(whether Sr. Citizen) Anand Vihar, Delhi.
Gender: Female
Contact No:
5-a Name & Address of the Sh. Deepak Gupta
Accused(s), S/o Late Sh. Kanwar Singh
Age: ____ years Gupta R/o C-154, 2nd
(whether Sr. Citizen) Floor, Anand Vihar, Delhi.
Gender: Male
Contact No:
5-b Name & Address of the Other unknown persons
Accused(s), (associates of accused No.1
Age: ____ years & 2)
(whether Sr. Citizen)
Gender:
Contact No:
5-c Name & Address of the
Accused(s),
Age: ____ years
(whether Sr. Citizen)
Gender: Female
Contact No:
6 Name of Police Station FARSH BAZAR, Delhi.
7 Any other information with N.A.
respect to present case.
IN THE COURT OF LD. C.M.M., SHAHDARA-DISTRICT,
KARKARDOOMA COURTS, DELHI.
CRIMINAL COMPLAINT NO. OF 2024
IN THE MATTER OF:-
SH. MOHIT GUPTA …COMPLAINANT
VERSUS
MRS. ETTY MITTAL & ORS. ...ACCUSED PERSONS
P.S.: FARSH BAZAR
DISTRICT: SHAHDARA
MEMO OF PARTIES
____________________________________________________
SH. MOHIT GUPTA
S/O SH. D.P. GUPTA
R/O A-301, MAHAVIR APARTMENTS,
OPPOSITE TAJ VIVANTA HOTEL,
SECTOR-22, DISTRICT COURT
COMPLEX, DWARKA, SOUTH WEST,
DELHI-110075. …COMPLAINANT
VERSUS
1. MRS. ETTY MITTAL
W/O SH. DEEPAK GUPTA
R/O C-154, 2ND FLOOR,
FARSH BAZAR, DELHI.

2. SH. DEEPAK GUPTA

S/O LATE SH. KANWAR SINGH GUPTA
R/O C-154, 2ND FLOOR,
FARSH BAZAR, DELHI.

3. OTHER UNKNOWN PERSONS

(ASSOCIATES OF ACCUSED NO.1 & 2)
…ACCUSED PERSONS

COMPLAINANT
THROUGH
DELHI.

DATED: ADVOCATE
IN THE COURT OF LD. C.M.M., SHAHDARA-DISTRICT,
KARKARDOOMA COURTS, DELHI.
CRIMINAL COMPLAINT NO. OF 2024
IN THE MATTER OF:-
SH. MOHIT GUPTA
S/O SH. D.P. GUPTA
R/O A-301, MAHAVIR APARTMENTS,
OPPOSITE TAJ VIVANTA HOTEL,
SECTOR-22, DISTRICT COURT
COMPLEX, DWARKA, SOUTH WEST,
DELHI-110075. …COMPLAINANT
VERSUS
1. MRS. ETTY MITTAL
W/O SH. DEEPAK GUPTA
R/O C-154, 2ND FLOOR,
FARSH BAZAR, DELHI.

2. SH. DEEPAK GUPTA

S/O LATE SH. KANWAR SINGH GUPTA
R/O C-154, 2ND FLOOR,
FARSH BAZAR, DELHI.

3. OTHER UNKNOWN PERSONS

(ASSOCIATES OF ACCUSED NO.1 & 2)
…ACCUSED PERSONS

P.S.: FARSH BAZAR

DISTRICT: SHAHDARA
COMPLAINT UNDER SECTION 200 CR.P.C. FOR
REGISTRATION OF CASE U/S 323/406/420/503/506/120-
B/34 OF IPC AND OTHER RELEVANT PROVISIONS OF
IPC.
MOST RESPECTFULLY SHOWETH:-
1. That the complainant is a peaceful and law abiding citizens
of this country and having a private limited company
incorporated under the Companies Act, 1956 under the
name and style of M/S TRISHUL REALCON PVT. LTD.
 having its registered office at 31, Shopping Complex,
Sector 22, Dwarka, New Delhi-110075 and making the
present complaint having deep faith in the law
enforcement agencies of the land and thereupon beseeches
the critical intervention of your good self to bring the
wrongdoers to justice.
2. That the complainant is a renowned contractor primarily
focused on commercial/public housing construction and
providing construction management services and having
extensive experience in a wide range of construction
projects.
3. That in the month of April, 2021, the accused No.1 & 2
approached the complainant and in view of this, a meeting
was arranged between the complainant and accused No.1
& 2 including the Father-in-law of the accused No.1 at
Anand Viahr, Delhi-110092, wherein the accused No.1 &
2 expressed their desire to get their residential unit
constructed from the complainant owing to his high-end
reputation.
4. That in the said meeting, it was mutually decided between
the complainant on the one hand and accused No.1 & 2 on
the other hand that the accused No.1 & 2 are ready to pay
an amount of Rs.1,20,00,000/- (Rupees one Crore Twenty
lakhs approximately) to the complainant on completion of
the structure of the building i.e. Stilt+4 Floor and payment
will be released on a Pro-rata basis.
5. That in the month of July, 2021, the complainant
mobilized the site with the men, machinery and workforce
and started construction work as per the layout plan,
 designs and drawings provided by the architect of the
accused No.1 & 2.
6. That since the 16th March, 2022 i.e. till the casting of the
last slab on the top floor, the complainant and his team did
the construction work for the accused No.1 & 2 and the
payments partly released from the end of the accused No.1
against the bills arose by the complainant for the part of
the work being completed by the complainant and the
same were being duly acknowledged by the accused No.1
& 2.
7. That after some time and after the death of the Father-in-
law of the accused No.1, the accused No.1 put evil design
into her action and started committing defaults in making
payments against the bill arose by the complainant.
Meanwhile, the complainant stopped the construction work
of the residential unit of the accused No.1 & 2 on account
of non-payment for a longer duration and engaged labor
was also suffering from this.
8. That when the complainant approached accused No.1 & 2
for the payments, the accused No.1 & 2 did not respond
and deliberately avoided his request for payments and
later, the accused No.1 & 2 started contacting other
contractors for the said balance work, which was initially
awarded to the complainant.
9. That after some time, the accused No.1 & 2 again
approached the complainant at his brother-in-law’s office
at Vishwas Nagar and promised to clear the balance
amount and requested orally to start the construction work
again and made a part payment to the complainant against
the previous bills raised by the complainant.
10. That thereafter the complainant started the work of
construction along with his labor, however after some
time, the accused No.1 citing the poor health conditions of
her mother-in-law, started making defaults in the payment
and kept on lingering the request of the complainant for an
indefinite period and later on, both the accused No.1 & 2
misbehaved with the labors namely Sh. Shatrughan Ratre
and Sh. Maya Ram and started fighting with them at the
site and said that “AB YHAN SE JITNA JALDI HO
SAKE NIKL JAO, TUMHARI YHAN KOI JARURAT
NAHI HAI”. When the complainant approached accused
No.1 & 2 for the said act, the accused No.1 & 2 started
abusing the complainant and again threatened the
complainant and the accused No.2 said that “HUME AB
TUJHSE YA TERI LABOR SE KOI KAAM NAHI
KARANA AUR DOBARA YHAN ANE KI JARURAT
NHI HAI, AUR NA HI PHONE KARNE KI JARURAT
HAI, AUR DOBARA MERI BIWI KO MESSAGE YA
CALL KIYA TO TU JINDA NAHI BACHEGA, AUR
PAISE TO TU BHUL JA APNE”. Whenever, the
complainant tries to contact with the accused No.1, the
accused No.1 behaved absurdly and started abusing the
complainant in filthy language and the accused No.2
started threatening the complainant for dire consequences
by stating that he has political connections and higher
approach.
11. That despite several visits and calls by the complainant,
the accused No.1 & 2 did not pay any heed about the
pending payments, even the accused No.1 & 2 started
abusing and threatening the complainant for dire
 consequences. Whenever, the complainant tried to contact
and met the accused No.1 & 2, however, the accused No.1
& 2 neither chose to answer the calls or messages of the
complainant nor found them at their respective residence.
12. That on 27.04.2023, a legal demand notice for recovery of
outstanding amount of Rs.10,00,000/- (Rupees Ten Lacs
Only) vide postal receipt dated 28.04.2023 had been sent
to the accused No.1 but the accused No.1 did not pay any
heed to the demand of the outstanding amount. After a
long wait, when the complainant did not receive any
response from the accused No.1 & 2 and after a long wait,
in November, 2023, the complainant again approached the
accused No.1 through a call and requested for his
outstanding money but the accused No.1 suddenly lost her
temperament and started abusing and shouting on the
complainant and said that “TUJHE AB SABAK
SIKHANA HI PDEGA, TU ASE NAHI MANEGA”.
Later on, the accused No.2 accompanied her over a call
and he also threatened the complainant and said that “AAJ
TERA KISSA HI KHATAM KAR DUNGA, BTA KHA
MILEGA TU”. Next morning, the accused No.1 & 2 along
with some local goons reached the complainant’s brother-
in-law’s office, which is situated at Subhash Gali, Vishwas
Nagar, Shahdara Delhi-110032, where the accused No.1 &
2 had come with their ill motives and started fighting with
the complainant in his cabin and later on, the accused No.2
called two other persons i.e. the accused No.3, who came
there with the Gun and threatened the complainant that
“APNA KAAM shanti se chalana chahta hai to ab in logo
ko tu PRESHAN NAHI KREGA, OR APNI JAAN
 PYARI HAI TO AAJ KE BAD, AGAR TU NAHI MANA
TO YHI GOLI TERE SER PAR LGEGI, IS BAAR TO
HUM JARE HAI BAS SAMJHA KAR, AGLI BAR
SAMJHAENGE NAHI, BAS GOLI CHLEGI, AUR
TERE IS PURE OFFICE KO AUR TERE SALE KE
OFFICE KO PURA SAMSHAN BANA DENGE, HUM
DOBARA AAYENGE AGAR TUNE BHAIYA BHABHI
KO DOBARA TANG KARNE KI KOSHISH BHI KI
TO.”
13. That it is pertinent to mention here that accused persons by
these illegal tactics trying to harm and kill the complainant
by sending goons i.e. the accused No.3 and threatening
complainant for dire consequences which is totally a
criminal act and against the society or an individual.
14. That when the complainant tried to resolve the matter
peacefully and requested for his money, both the accused
person No.1 & 2 threatened the complainant that if he
chose not to adhere the demands and go against our wish
than the complainant will face dire consequences again
against his life or family.
15. That owing to false assurances and representation made by
the accused person No.1 & 2, the accused persons have
committed multifarious offences and hatch further
conspiracy to cause unlawful gain to themselves and loss
to the complainant and threatening the complainant by
illegal means which causing the complainant mental
harassment and financial loss too.
16. That the accused persons have committed not only a civil
breach but also a criminal offence within the provision,
meaning and interpretation of civil as well as criminal law.
17. That the complainant has an apprehension of his life and
family that the accused persons to benefited themselves by
unfair means accused persons may use some illegal tactics
to harass and kill the complainant. Hence the complainant
has an apprehension of his life.
18. That by the conduct of the accused persons, as stated in the
preceding paragraphs, it is crystalline clear that accused
persons had a malafide intention from the very beginning.
All the accused persons deceived the complainant by
making false promises and the accused persons threatened
the complainant against their illegal demands to grab their
hard earned money by deceiving them and further
threatened to kill him and his family.
19. That it is pellucid from the narration of the facts in the
preceding paragraphs that the Complainant has been
rendered victim of a well-calculated, thought, and
systematic fraud, co-conceived by the Accused persons
involved.
20. That the complainant lodged a complaint dated 18.02.2024
to the S.H.O., P.S. FARSH BAZAR, Delhi as well as to
the S.H.O., P.S. Farsh Bazar, Delhi and other higher police
officials against the accused persons, which was duly
received by the police official of the P.S. FARSH BAZAR
and P.S. Farsh Bazar and other higher police officials.
Copy of the complaint dated 18.02.2024 given to S.H.O.,
P.S. FARSH BAZAR and other police officials is annexed
herewith as ANNEXURE-A.
21. That facts of the matter remains that despite repeated
requests by the complainant, despite various visits at P.S.
FARSH BAZAR, the S.H.O. of P.S. FARSH BAZAR
 failed to register FIR against the accused persons under the
relevant provisions of I.P.C.. Left with no alternative, the
complainant has been approaching this Hon'ble Court for
immediate directions for stern action against the accused
persons for their illegal acts.
22. That the accused persons have committed offence as
described above against the complainant within the
jurisdiction of this Hon’ble Court, therefore, this Hon’ble
Court has jurisdiction to entertain and try the present
complaint.
23. That proper court fees has been affixed.

PRAYER
It is, therefore, most respectfully prayed that the Hon’ble
Court may kindly be pleased to issue appropriate directions to the
SHO/the I.O. concerned, Police Station: FARSH BAZAR, Delhi
to register a F.I.R. U/s 323/406/420/503/506/120-B/34 of I.P.C.
and other relevant provisions of IPC and other applicable laws
and to immediately arrest the accused persons or in the
alternative initiate appropriate criminal proceeding against the
accused persons directly, in the interest of justice.

Any other order/which this Hon’ble Court deems fit and

proper under the facts and circumstances of the case in favour of
the complainant and against the accused persons, in the interest
of justice.

COMPLAINANT
THROUGH
DELHI.
DATED: ADVOCATE
IN THE COURT OF LD. C.M.M., SHAHDARA-DISTRICT,
KARKARDOOMA COURTS, DELHI.
CRIMINAL COMPLAINT NO. OF 2024

IN THE MATTER OF:-

SH. MOHIT GUPTA …COMPLAINANT
VERSUS
MRS. ETTY MITTAL & ORS. ...ACCUSED PERSONS

AFFIDAVIT
I, Mohit Gupta, aged ___ years S/o Sh. D.P. Gupta R/o A-
301, Mahavir Apartments, Opposite Taj Vivanta Hotel, Sector-
22, District Court Complex, Dwarka, South West, Delhi-110075,
do hereby solemnly affirm and declare as under:-
1. That the deponent is the complainant in the above noted
case and is well conversant with fact of the same and
competent to depose this affidavit on oath.
2. That the contents of accompanying complaint U/s 200
Cr.P.C. have been drafted by the counsel under my
instructions and same have been explained to me and I
admit them as true and correct. The contents of the same
be read as part and parcel of this affidavit which are not
repeated herein for the sake of brevity.
DEPONENT
VERIFICATION
Verified at Delhi on this __ day of May, 2024 that the
contents of above affidavit are true and correct to my knowledge.
No part of it is false and nothing material has been concealed
therefrom.

DEPONENT
IN THE COURT OF LD. C.M.M., SHAHDARA-DISTRICT,
KARKARDOOMA COURTS, DELHI.
CRIMINAL COMPLAINT NO. OF 2024

IN THE MATTER OF:-

SH. MOHIT GUPTA …COMPLAINANT
VERSUS
MRS. ETTY MITTAL & ORS. ...ACCUSED PERSONS

APPLICATION UNDER SECTION 156(3) OF Cr.P.C. FOR

APPROPRIATE DIRECTION TO S.H.O. P.S.: FARSH
BAZAR, DELHI TO REGISTER A PROPER FIR
AGAINST THE ACCUSED PERSONS AND TO CARRY
OUT THE INVESTIGATION ON THE CONTENTS OF
THE COMPLAINT LODGED BY THE COMPLAINANT.

MOST RESPECTFULLY SHOWETH:-

1. That the complainant has filed the accompanying
complaint case U/S 200 Cr.P.C. against the accused
persons, contents of which shall be read as part and parcel
of this application.
2. That the complainant is a peaceful and law abiding citizens
of this country and having a private limited company
incorporated under the Companies Act, 1956 under the
name and style of M/S TRISHUL REALCON PVT. LTD.
having its registered office at 31, Shopping Complex,
Sector 22, Dwarka, New Delhi-110075 and making the
present complaint having deep faith in the law
enforcement agencies of the land and thereupon beseeches
the critical intervention of your good self to bring the
wrongdoers to justice.
3. That the complainant is a renowned contractor primarily
focused on commercial/public housing construction and
providing construction management services and having
extensive experience in a wide range of construction
projects.
4. That in the month of April, 2021, the accused No.1 & 2
approached the complainant and in view of this, a meeting
was arranged between the complainant and accused No.1
& 2 including the Father-in-law of the accused No.1 at
FARSH BAZAR, Delhi-110092, wherein the accused No.1
& 2 expressed their desire to get their residential unit
constructed from the complainant owing to his high-end
reputation.
5. That in the said meeting, it was mutually decided between
the complainant on the one hand and accused No.1 & 2 on
the other hand that the accused No.1 & 2 are ready to pay
an amount of Rs.1,20,00,000/- (Rupees one Crore Twenty
lakhs approximately) to the complainant on completion of
the structure of the building i.e. Stilt+4 Floor and payment
will be released on a Pro-rata basis.
6. That in the month of July, 2021, the complainant
mobilized the site with the men, machinery and workforce
and started construction work as per the layout plan,
designs and drawings provided by the architect of the
accused No.1 & 2.
7. That since the 16th March, 2022 i.e. till the casting of the
last slab on the top floor, the complainant and his team did
the construction work for the accused No.1 & 2 and the
payments partly released from the end of the accused No.1
against the bills arose by the complainant for the part of
 the work being completed by the complainant and the
same were being duly acknowledged by the accused No.1
& 2.
8. That after some time and after the death of the Father-in-
law of the accused No.1, the accused No.1 put evil design
into her action and started committing defaults in making
payments against the bill arose by the complainant.
Meanwhile, the complainant stopped the construction work
of the residential unit of the accused No.1 & 2 on account
of non-payment for a longer duration and engaged labor
was also suffering from this.
9. That when the complainant approached accused No.1 & 2
for the payments, the accused No.1 & 2 did not respond
and deliberately avoided his request for payments and
later, the accused No.1 & 2 started contacting other
contractors for the said balance work, which was initially
awarded to the complainant.
10. That after some time, the accused No.1 & 2 again
approached the complainant at his brother-in-law’s office
at Vishwas Nagar and promised to clear the balance
amount and requested orally to start the construction work
again and made a part payment to the complainant against
the previous bills raised by the complainant.
11. That thereafter the complainant started the work of
construction along with his labor, however after some
time, the accused No.1 citing the poor health conditions of
her mother-in-law, started making defaults in the payment
and kept on lingering the request of the complainant for an
indefinite period and later on, both the accused No.1 & 2
misbehaved with the labors namely Sh. Shatrughan Ratre
 and Sh. Maya Ram and started fighting with them at the
site and said that “AB YHAN SE JITNA JALDI HO
SAKE NIKL JAO, TUMHARI YHAN KOI JARURAT
NAHI HAI”. When the complainant approached accused
No.1 & 2 for the said act, the accused No.1 & 2 started
abusing the complainant and again threatened the
complainant and the accused No.2 said that “HUME AB
TUJHSE YA TERI LABOR SE KOI KAAM NAHI
KARANA AUR DOBARA YHAN ANE KI JARURAT
NHI HAI, AUR NA HI PHONE KARNE KI JARURAT
HAI, AUR DOBARA MERI BIWI KO MESSAGE YA
CALL KIYA TO TU JINDA NAHI BACHEGA, AUR
PAISE TO TU BHUL JA APNE”. Whenever, the
complainant tries to contact with the accused No.1, the
accused No.1 behaved absurdly and started abusing the
complainant in filthy language and the accused No.2
started threatening the complainant for dire consequences
by stating that he has political connections and higher
approach.
12. That despite several visits and calls by the complainant,
the accused No.1 & 2 did not pay any heed about the
pending payments, even the accused No.1 & 2 started
abusing and threatening the complainant for dire
consequences. Whenever, the complainant tried to contact
and met the accused No.1 & 2, however, the accused No.1
& 2 neither chose to answer the calls or messages of the
complainant nor found them at their respective residence.
13. That on 27.04.2023, a legal demand notice for recovery of
outstanding amount of Rs.10,00,000/- (Rupees Ten Lacs
Only) vide postal receipt dated 28.04.2023 had been sent
to the accused No.1 but the accused No.1 did not pay any
heed to the demand of the outstanding amount. After a
long wait, when the complainant did not receive any
response from the accused No.1 & 2 and after a long wait,
in November, 2023, the complainant again approached the
accused No.1 through a call and requested for his
outstanding money but the accused No.1 suddenly lost her
temperament and started abusing and shouting on the
complainant and said that “TUJHE AB SABAK
SIKHANA HI PDEGA, TU ASE NAHI MANEGA”.
Later on, the accused No.2 accompanied her over a call
and he also threatened the complainant and said that “AAJ
TERA KISSA HI KHATAM KAR DUNGA, BTA KHA
MILEGA TU”. Next morning, the accused No.1 & 2 along
with some local goons reached the complainant’s brother-
in-law’s office, which is situated at Subhash Gali, Vishwas
Nagar, Shahdara Delhi-110032, where the accused No.1 &
2 had come with their ill motives and started fighting with
the complainant in his cabin and later on, the accused No.2
called two other persons i.e. the accused No.3, who came
there with the Gun and threatened the complainant that
“APNA KAAM shanti se chalana chahta hai to ab in logo
ko tu PRESHAN NAHI KREGA, OR APNI JAAN
PYARI HAI TO AAJ KE BAD, AGAR TU NAHI MANA
TO YHI GOLI TERE SER PAR LGEGI, IS BAAR TO
HUM JARE HAI BAS SAMJHA KAR, AGLI BAR
SAMJHAENGE NAHI, BAS GOLI CHLEGI, AUR
TERE IS PURE OFFICE KO AUR TERE SALE KE
OFFICE KO PURA SAMSHAN BANA DENGE, HUM
DOBARA AAYENGE AGAR TUNE BHAIYA BHABHI
 KO DOBARA TANG KARNE KI KOSHISH BHI KI
TO.”
14. That it is pertinent to mention here that accused persons by
these illegal tactics trying to harm and kill the complainant
by sending goons i.e. the accused No.3 and threatening
complainant for dire consequences which is totally a
criminal act and against the society or an individual.
15. That when the complainant tried to resolve the matter
peacefully and requested for his money, both the accused
person No.1 & 2 threatened the complainant that if he
chose not to adhere the demands and go against our wish
than the complainant will face dire consequences again
against his life or family.
16. That owing to false assurances and representation made by
the accused person No.1 & 2, the accused persons have
committed multifarious offences and hatch further
conspiracy to cause unlawful gain to themselves and loss
to the complainant and threatening the complainant by
illegal means which causing the complainant mental
harassment and financial loss too.
17. That the accused persons have committed not only a civil
breach but also a criminal offence within the provision,
meaning and interpretation of civil as well as criminal law.
18. That the complainant has an apprehension of his life and
family that the accused persons to benefited themselves by
unfair means accused persons may use some illegal tactics
to harass and kill the complainant. Hence the complainant
has an apprehension of his life.
19. That by the conduct of the accused persons, as stated in the
preceding paragraphs, it is crystalline clear that accused
 persons had a malafide intention from the very beginning.
All the accused persons deceived the complainant by
making false promises and the accused persons threatened
the complainant against their illegal demands to grab their
hard earned money by deceiving them and further
threatened to kill him and his family.
20. That it is pellucid from the narration of the facts in the
preceding paragraphs that the Complainant has been
rendered victim of a well-calculated, thought, and
systematic fraud, co-conceived by the Accused persons
involved.
21. That the complainant lodged a complaint dated 18.02.2024
to the S.H.O., P.S. FARSH BAZAR, Delhi as well as to
the S.H.O., P.S. Farsh Bazar, Delhi and other higher police
officials against the accused persons, which was duly
received by the police official of the P.S. FARSH BAZAR
and P.S. Farsh Bazar and other higher police officials.
22. That facts of the matter remains that despite repeated
requests by the complainant, despite various visits at P.S.
FARSH BAZAR, the S.H.O. of P.S. FARSH BAZAR
failed to register FIR against the accused persons under the
relevant provisions of I.P.C.. Left with no alternative, the
complainant has been approaching this Hon'ble Court for
immediate directions for stern action against the accused
persons for their illegal acts.
23. That the complainant has no other alternative except to
approach this Hon’ble Court for seeking redressal of his
grievances.
 PRAYER

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

Court kindly be pleased to give appropriate directions to the
SHO/the I.O. concerned, Police Station: FARSH BAZAR, Delhi
to register a First Information Report U/s 323/406/420/503/506/
120-B/34 of IPC and other relevant provisions of IPC and other
applicable laws against the accused persons and investigate the
matter and also to arrest the accused persons and file report
before this Hon’ble Court.

Any other order/which this Hon’ble Court deems fit and

proper under the facts and circumstances of the case in favour of
the complainant and against the accused persons, in the interest
of justice.

COMPLAINANT
THROUGH
DELHI.
DATED: ADVOCATE
IN THE COURT OF LD. C.M.M., SHAHDARA-DISTRICT,
KARKARDOOMA COURTS, DELHI.
CRIMINAL COMPLAINT NO. OF 2024

IN THE MATTER OF:-

SH. MOHIT GUPTA …COMPLAINANT
VERSUS
MRS. ETTY MITTAL & ORS. ...ACCUSED PERSONS

AFFIDAVIT
I, Mohit Gupta, aged ___ years S/o Sh. D.P. Gupta R/o A-
301, Mahavir Apartments, Opposite Taj Vivanta Hotel, Sector-
22, District Court Complex, Dwarka, South West, Delhi-110075,
do hereby solemnly affirm and declare as under:-

1. That the deponent is the complainant in the above noted

case and is well conversant with fact of the same and
competent to depose this affidavit on oath.
2. That the contents of accompanying application under
section 156(3) of Cr.P.C. have been drafted by the counsel
under my instructions and the same have been explained to
me and I admit them as true and correct. The contents of
the same be read as part and parcel of this affidavit which
are not repeated herein for the sake of brevity.
3. That the deponent states that the deponent is a peaceful
and law abiding citizens of this country and having a
private limited company incorporated under the
Companies Act, 1956 under the name and style of M/S
TRISHUL REALCON PVT. LTD. having its registered
office at 31, Shopping Complex, Sector 22, Dwarka, New
Delhi-110075 and making the present complaint having
deep faith in the law enforcement agencies of the land and
 thereupon beseeches the critical intervention of your good
self to bring the wrongdoers to justice.
4. That the deponent states that the deponent is a renowned
contractor primarily focused on commercial/public
housing construction and providing construction
management services and having extensive experience in a
wide range of construction projects.
5. That the deponent states that in the month of April, 2021,
the accused No.1 & 2 approached the deponent and in
view of this, a meeting was arranged between the deponent
and accused No.1 & 2 including the Father-in-law of the
accused No.1 at FARSH BAZAR, Delhi-110092, wherein
the accused No.1 & 2 expressed their desire to get their
residential unit constructed from the deponent owing to his
high-end reputation.
6. That the deponent states that in the said meeting, it was
mutually decided between the deponent on the one hand
and accused No.1 & 2 on the other hand that the accused
No.1 & 2 are ready to pay an amount of Rs.1,20,00,000/-
(Rupees one Crore Twenty lakhs approximately) to the
deponent on completion of the structure of the building i.e.
Stilt+4 Floor and payment will be released on a Pro-rata
basis.
7. That the deponent states that in the month of July, 2021,
the deponent mobilized the site with the men, machinery
and workforce and started construction work as per the
layout plan, designs and drawings provided by the
architect of the accused No.1 & 2.
8. That the deponent states that since the 16th March, 2022
i.e. till the casting of the last slab on the top floor, the
 deponent and his team did the construction work for the
accused No.1 & 2 and the payments partly released from
the end of the accused No.1 against the bills arose by the
deponent for the part of the work being completed by the
deponent and the same were being duly acknowledged by
the accused No.1 & 2.
9. That the deponent states that after some time and after the
death of the Father-in-law of the accused No.1, the accused
No.1 put evil design into her action and started committing
defaults in making payments against the bill arose by the
deponent. Meanwhile, the deponent stopped the
construction work of the residential unit of the accused
No.1 & 2 on account of non-payment for a longer duration
and engaged labor was also suffering from this.
10. That the deponent states that when the deponent
approached accused No.1 & 2 for the payments, the
accused No.1 & 2 did not respond and deliberately avoided
his request for payments and later, the accused No.1 & 2
started contacting other contractors for the said balance
work, which was initially awarded to the deponent.
11. That the deponent states that after some time, the accused
No.1 & 2 again approached the deponent at his brother-in-
law’s office at Vishwas Nagar and promised to clear the
balance amount and requested orally to start the
construction work again and made a part payment to the
deponent against the previous bills raised by the deponent.
12. That the deponent states that thereafter the deponent
started the work of construction along with his labor,
however after some time, the accused No.1 citing the poor
health conditions of her mother-in-law, started making
 defaults in the payment and kept on lingering the request
of the deponent for an indefinite period and later on, both
the accused No.1 & 2 misbehaved with the labors namely
Sh. Shatrughan Ratre and Sh. Maya Ram and started
fighting with them at the site and said that “AB YHAN SE
JITNA JALDI HO SAKE NIKL JAO, TUMHARI YHAN
KOI JARURAT NAHI HAI”. When the deponent
approached accused No.1 & 2 for the said act, the accused
No.1 & 2 started abusing the deponent and again
threatened the deponent and the accused No.2 said that
“HUME AB TUJHSE YA TERI LABOR SE KOI KAAM
NAHI KARANA AUR DOBARA YHAN ANE KI
JARURAT NHI HAI, AUR NA HI PHONE KARNE KI
JARURAT HAI, AUR DOBARA MERI BIWI KO
MESSAGE YA CALL KIYA TO TU JINDA NAHI
BACHEGA, AUR PAISE TO TU BHUL JA APNE”.
Whenever, the deponent tries to contact with the accused
No.1, the accused No.1 behaved absurdly and started
abusing the deponent in filthy language and the accused
No.2 started threatening the deponent for dire
consequences by stating that he has political connections
and higher approach.
13. That the deponent states that despite several visits and calls
by the deponent, the accused No.1 & 2 did not pay any
heed about the pending payments, even the accused No.1
& 2 started abusing and threatening the deponent for dire
consequences. Whenever, the deponent tried to contact and
met the accused No.1 & 2, however, the accused No.1 & 2
neither chose to answer the calls or messages of the
deponent nor found them at their respective residence.
14. That the deponent states that on 27.04.2023, a legal
demand notice for recovery of outstanding amount of
Rs.10,00,000/- (Rupees Ten Lacs Only) vide postal receipt
dated 28.04.2023 had been sent to the accused No.1 but the
accused No.1 did not pay any heed to the demand of the
outstanding amount. After a long wait, when the deponent
did not receive any response from the accused No.1 & 2
and after a long wait, in November, 2023, the deponent
again approached the accused No.1 through a call and
requested for his outstanding money but the accused No.1
suddenly lost her temperament and started abusing and
shouting on the deponent and said that “TUJHE AB
SABAK SIKHANA HI PDEGA, TU ASE NAHI
MANEGA”. Later on, the accused No.2 accompanied her
over a call and he also threatened the deponent and said
that “AAJ TERA KISSA HI KHATAM KAR DUNGA,
BTA KHA MILEGA TU”. Next morning, the accused
No.1 & 2 along with some local goons reached the
deponent’s brother-in-law’s office, which is situated at
Subhash Gali, Vishwas Nagar, Shahdara Delhi-110032,
where the accused No.1 & 2 had come with their ill
motives and started fighting with the deponent in his cabin
and later on, the accused No.2 called two other persons i.e.
the accused No.3, who came there with the Gun and
threatened the deponent that “APNA KAAM shanti se
chalana chahta hai to ab in logo ko tu PRESHAN NAHI
KREGA, OR APNI JAAN PYARI HAI TO AAJ KE
BAD, AGAR TU NAHI MANA TO YHI GOLI TERE
SER PAR LGEGI, IS BAAR TO HUM JARE HAI BAS
SAMJHA KAR, AGLI BAR SAMJHAENGE NAHI, BAS
 GOLI CHLEGI, AUR TERE IS PURE OFFICE KO AUR
TERE SALE KE OFFICE KO PURA SAMSHAN BANA
DENGE, HUM DOBARA AAYENGE AGAR TUNE
BHAIYA BHABHI KO DOBARA TANG KARNE KI
KOSHISH BHI KI TO.”
15. That the deponent states that it is pertinent to mention here
that accused persons by these illegal tactics trying to harm
and kill the deponent by sending goons i.e. the accused
No.3 and threatening deponent for dire consequences
which is totally a criminal act and against the society or an
individual.
16. That the deponent states that when the deponent tried to
resolve the matter peacefully and requested for his money,
both the accused person No.1 & 2 threatened the deponent
that if he chose not to adhere the demands and go against
our wish than the deponent will face dire consequences
again against his life or family.
17. That the deponent states that owing to false assurances and
representation made by the accused person No.1 & 2, the
accused persons have committed multifarious offences and
hatch further conspiracy to cause unlawful gain to
themselves and loss to the deponent and threatening the
deponent by illegal means which causing the deponent
mental harassment and financial loss too.
18. That the deponent states that the accused persons have
committed not only a civil breach but also a criminal
offence within the provision, meaning and interpretation of
civil as well as criminal law.
19. That the deponent states that the deponent has an
apprehension of his life and family that the accused
 persons to benefited themselves by unfair means accused
persons may use some illegal tactics to harass and kill the
deponent. Hence the deponent has an apprehension of his
life.
20. That the deponent states that by the conduct of the accused
persons, as stated in the preceding paragraphs, it is
crystalline clear that accused persons had a malafide
intention from the very beginning. All the accused persons
deceived the deponent by making false promises and the
accused persons threatened the deponent against their
illegal demands to grab their hard earned money by
deceiving them and further threatened to kill him and his
family.
21. That the deponent states that it is pellucid from the
narration of the facts in the preceding paragraphs that the
Deponent has been rendered victim of a well-calculated,
thought, and systematic fraud, co-conceived by the
Accused persons involved.
22. That the deponent states that the deponent lodged a
complaint dated 18.02.2024 to the S.H.O., P.S. FARSH
BAZAR, Delhi as well as to the S.H.O., P.S. Farsh Bazar,
Delhi and other higher police officials against the accused
persons, which was duly received by the police official of
the P.S. FARSH BAZAR and P.S. Farsh Bazar and other
higher police officials.
23. That the deponent states that facts of the matter remains
that despite repeated requests by the deponent, despite
various visits at P.S. FARSH BAZAR, the S.H.O. of P.S.
FARSH BAZAR failed to register FIR against the accused
persons under the relevant provisions of I.P.C.. Left with
 no alternative, the deponent has been approaching this
Hon'ble Court for immediate directions for stern action
against the accused persons for their illegal acts.
24. That the contents of the above affidavit are true and correct
to the best of my knowledge and belief.

DEPONENT
VERIFICATION
Verified at Delhi on this ___ day of May, 2024 that the
contents of above affidavit are true and correct to my knowledge.
No part of it is false and nothing material has been concealed
therefrom.

DEPONENT
IN THE COURT OF LD. C.M.M., SHAHDARA-DISTRICT,
KARKARDOOMA COURTS, DELHI.
CRIMINAL COMPLAINT NO. OF 2024

IN THE MATTER OF:-

SH. MOHIT GUPTA …COMPLAINANT
VERSUS
MRS. ETTY MITTAL & ORS. ...ACCUSED PERSONS

P.S. FARSH BAZAR

LIST OF WITNESSES ON BEHALF OF THE
COMPLAINANT

1. Complainant himself
2. Concerned person from Police Station FARSH BAZAR,
Delhi.
3. Concerned person from Police Station Farsh Bazar, Delhi.
4. Concerned person from the office of A.C.P., Police Station
Shahdara, Delhi.
5. Concerned person from the office of D.C.P., Shahdara-
District, Shahdara, Delhi.
6. Any other witness with the permission of the Hon’ble
Court.

COMPLAINANT
THROUGH
DELHI.
DATED: ADVOCATE
IN THE COURT OF LD. C.M.M., SHAHDARA-DISTRICT,
KARKARDOOMA COURTS, DELHI.
CRIMINAL COMPLAINT NO. OF 2024

IN THE MATTER OF:-

SH. MOHIT GUPTA …COMPLAINANT
VERSUS
MRS. ETTY MITTAL & ORS. ...ACCUSED PERSONS

LIST OF DOCUMENTS ALONGWITH DOCUMENTS ON

BEHALF OF THE COMPLAINANT

SL. PARTICULARS PAGE

NO. NO.
1. COPY OF THE COMPLAINT DATED
18.02.2024 GIVEN TO S.H.O., P.S. FARSH
BAZAR, P.S. FARSH BAZAR AND OTHER
HIGHER POLICE OFFICIALS AS
ANNEXURE-A.
2. ANY OTHER DOCUMENT WITH THE PERMISSION
OF THE HON’BLE COURT.

COMPLAINANT
THROUGH
DELHI.
DATED: ADVOCATE