In the Court of the Learned
Additional Chief Judicial Magistrate, at Alipore, South 24 Parganas
Complaint Case No. of 2023
In
the matter of ;
An
application under Section 156(3) of the Criminal Procedure Code, 1973;
AND
Kasba Police Station
In
the matter of ;
Sri
Prithijeet Das, Son of Nirmalendu Das, aged about 40 years, working for Gain as
Zonal Legal Head, at M/s. Tata Motors Finance Solutions Limited, (formerly Tata
Motors Finance Limited) having its Office at Wing A, 6th Floor, Rene
Tower, Plot AA-1, 1842, Rajdanga Main Road, Kolkata – 700107, Police Station
Kasba, District South 24 Parganas, Mobile Number : 9734357722, Email : Prithijeet2.Das@tmf.co.in
_________Complainant
-
Versus –
Sariful
Sardar, Son of Iyachin Sardar, residing at Ghoshpara Laugachhi, Bhangore –
743502, District – North 24 Parganas, Mobile Number : 9734332272; _____________Accused
The
humble petition of the above named Complainant, most respectfully;
Sheweth as under;
1.
That the Petitioner is a peace loving
and law abiding Citizen of this Country, working for gain at the Company & address
given in the cause title of this application. The Petitioner is a Zonal Legal
Head and a person of integrity.
2.
That the Complainant’s Company M/s.
Tata Motors Finance Solutions Limited (formerly Tata Motors
Finance Limited), is a Non-Banking Finance Company,
and is governed by the Regulations of the RBI. The Core business of the Company
is financing and includes providing loan facility to the intending customers
for the purchase of vehicles for both personal and commercial uses.
3.
That the accused approached the
Complainant’s office for purchasing vehicle under the Loan transaction scheme
offered by the complainant. Acting upon the documentary proof and
representations of the accused as true and genuine the complainant has let
financial assistance for the purchase of said vehicle for sum of Rs.
19,72,800/- (Rupees Nineteen Lakhs Seventy Two Thousand and Eight Hundred)
only, on Loan basis after entering into a Loan Agreement no. 8000156742.
4.
That as per the agreement the accused
cannot create any third-party charge over the asset until his liability to the
complainant is discharged. He is also bound to repay the Loan with interest on
monthly installment basis to the Complainant without fail. As per the agreement
the accused is prevented / prohibited from using the asset for any illegal or
unlawful purposes. Further until the loan is discharged, the accused has no
right to sell/ dispose of the asset. He is bound to produce the asset for the
inspection of the officials of the Complainant Company as and when demanded by
the officials of the Complainant Company.
5.
That the accused started defaulting
monthly installment and failed and neglected to pay the installments in spite
of repeated personal and telephonic follow up, resulting accumulation of huge
amount as overdue amounting to Rs.5,09,350/- (Rupees Five Lakhs Nine Thousand
and Three Hundred Fifty) only, apart from late payment charge. This was done by
the accused with sole intention of cheating the Complainant Company by inducing
to disburse the loan amount in accused favour resulting in wrongful loss to the
Complainant Company and wrongful gain to the accused.
6.
That due to the fraud played upon the
complainant, the complainant company has suffered huge loss amounting to Rs.5,98,203.66/-
(Rupees Five Lakhs Ninety Eight Thousand Two Hundred Three and paise Sixty Six)
only, on this transaction till date excluding future EMIs. By the act of the accused
the purpose of the very Loan has been defeated, besides the huge loss suffered
by the complainant severe damage has been caused to the complainant.
7.
That due to this negligent on part of
the accused person the officials of the complainant have investigated the
matter and the complainant came to know that accused confirmed that he had
taken a different vehicle and not the proposed vehicle and did not inform
anyone of the complainant company that he had taken different vehicle. He
further stated that he himself will pay the EMI and did not cooperate to
discuss further. The accused did not disclose the RC no. & asset details of
the vehicle he purchased with the help of the complainant disbursement amount.
8.
That the act of the accused clearly
attracts the ingredients of Criminal Breach of Trust, cheating and thereby
dishonestly inducing delivery of financed property. It is therefore requested
to enquire the matter and do necessary action to punish the accused person.
9.
That on 10/07/2023, such facts has
been lodged with the Kasba Police Station, by way of written Complaint, though
the said Kasba Police Station did not adhere to proceed with any investigation
and did not even register such facts as an FIR. Thereafter the Complainant
requested the Commissioner of Police, by way of written complaint dated 21st
day of July’ 2023, served through Courier services; But no result yield yet.
10.
That as the Police did not do
anything, and did not even answer anything on the written complaint of your
petitioner. Such inaction of Police given due indulgence to the accused for his
continuous unlawful performance and shelter to his guilty conscious.
11.
That even after acknowledgment of
facts to the Police authority concern, the Police did not register any FIR and
did not cause any necessary investigation against the accused person. The
Police inaction of the concerned Police authority given due indulgence to the
accused person to be continued in such acts and omission, violating the Law and
the rights of the complainant.
12.
That Your Complainant submits that unless there is an Order from
Your Honour directing the concerned Police Station to investigate into the
matter, Your Complainant will suffer irreparable loss and injury and will be
seriously prejudiced.
13.
That your petitioner is a victim of
the offences committed by the said accused person and also by the Police for
inaction. The accused person has committed offences punishable under Indian
Penal Code, 1860.
14.
That on the expiry of considerable
period, your petitioner realized that the Police will not cause any
investigation against the accused persons, as such the accused person is an
influential, your petitioner came before the Learned Court to get justice as to
fair investigation in accordance with the Criminal Procedure Code’ 1973, is
desirable.
15.
That your Petitioner crave leaves to
produce relevant documents and / or papers at the time of investigation, or as
and when asked for by the Investigating Authority.
16.
That the application is made bona fide and for the
interests of Justice.
Under the aforesaid circumstances, Your
Complainant most humbly pray that Your Honour may graciously be pleased to send
the petition in complaint to the Officer-in-Charge, Kasba Police Station as per
provisions under Section 156(3) of the Code of Criminal Procedure’ 1973, for
causing investigation on treating the petition of complaint as First
Information Report and/or to pass such other further necessary Order/Orders as
Your Honour may deem, fit, and proper for the end of Justice.
And
for this act of kindness, Your Complainant as in duty bound shall ever pray.
Verification
I, Prithijeet Das, being the
complainant herein named above, made this instant application under section 156
(3) of the Criminal Procedure Code’ 1973, and whereas the material facts and
circumstances as mentioned herein above in the forgoing paragraphs are true to
the knowledge and belief. I verified this instant application as on …….…the day
of August’ 2023, at the Alipore Criminal Court Premises.
Affidavit
I,
Sri
Prithijeet Das, Son of Nirmalendu Das, aged about 40 years, working for Gain as
Zonal Legal Head, at M/s. Tata Motors Finance Solutions Limited, (formerly Tata
Motors Finance Limited) having its Office at Wing A, 6th Floor, Rene
Tower, Plot AA-1, 1842, Rajdanga Main Road, Kolkata – 700107, Police Station
Kasba, District South 24 Parganas, do hereby solemnly affirm and says
as follows :
1.
That
I am representative & Authorized Signatory of the complainant in the above
referred application under Section 156 (3) of Criminal Procedure Code’ 1973,
and I am competent to swear this affidavit.
2.
That
I say that the Kasba Police Station did not lodge any F.I.R. on this facts as
stated in my application under Section 156 (3 ) of Cr.P.C., and did not cause
any enquiry and or investigation into the matter of facts as stated in my
application under Section 156 (3 ) of
Cr.P.C.
3.
That
no case and or F.I.R. has ever been lodged and initiated on the facts and
allegations as made out by me in my application under Section 156 (3 ) of
Cr.P.C. by any Police Station in state of West Bengal, so far my knowledge is
concern.
4.
That
this is the first time and or occasion, when I approach the Learned Court to
get justice, on the facts and allegations as made out by me in my application
under Section 156 (3) of the Code of Criminal Procedure’ 1973.
5.
That
the statements made in the aforesaid application under Section 156 (3) of the
Code of Criminal Procedure’ 1973, are true to my knowledge and belief.
That the above
statements are true to my knowledge and belief.
Deponent
Identified
by me,
Advocate.
Prepared in my
Chamber,
Advocate.
Dated :
_______ _________________2023.
Place : Alipore
Criminal Court, South 24 Parganas.
N O T A R Y
VAKALATNAMA
District
: South 24 Parganas
In the Court of Learned Additional
Chief Judicial Magistrate, at Alipore, South 24 Parganas.
Complaint
Case no……………..of 2023.
Prithijeet Das, ………..Complainant.
-
Versus
-
SAriful
Sardar ….……..Accused.
KNOW
ALL MEN by these presents that I / We Sri Prithijeet Das, Son of Nirmalendu
Das, aged about 40 years, working for Gain as Zonal Legal Head, at M/s. Tata
Motors Finance Solutions Limited, (formerly Tata Motors Finance Limited) having
its Office at Wing A, 6th Floor, Rene Tower, Plot AA-1, 1842,
Rajdanga Main Road, Kolkata – 700107, Police Station Kasba, District South 24
Parganas, do hereby constitute and appoint the
under mentioned Advocate, Pleader, Vakils, jointly and each of them severally
to be pleader of take such steps and proceedings as may be necessary on my /
our behalf and for that purpose to make sign, verify and present all necessary
petitions, plaints, written statements and other documents and do nominate and
appoint or retain senior counsels, vakil, advocates and other persons, lodge
and deposits moneys and documents and other papers in the Ld. Court and the
same again withdraw and to take out of Court and to obtain or grant as the case
may be effectual receipts and discharge for the same and for all moneys which
may be payable to me / us in the premises. To enter into compromise with my /
our approval and withdraw, all moneys from the court AND GENERALLY to act in the premises and proceedings
arising there out whether by way of execution, review, appeal, or otherwise or
in any manner contested there with as effectually and to all intents and
purpose as I / We could act if personally present and such substitution and as
pleasure to revoke I / We hereby ratifying and agreeing to confirm whatever may
be lawfully done by virtue hereof.
In
witness whereof this Vakalatnama has been executed by me / us.
This
the …………………day of ………………2023
Shri
Ashok Kumar Singh, Advocate, High Court Bar Association Room No. 15, High Court
Calcutta, Mobile Number 9883070666 / 9836829666, Email : aksinghadvocate@rediffmail.com
Shri
Pritam Das, Advocate. Shri Biplab Some, Advocate. Miss Suchitra Chakraborty,
Advocate. Madhusudan Sardar, Advocate.
District
: South 24 Parganas
In the Court of the Learned Additional
Chief Judicial Magistrate, at Alipore, South 24 Parganas
Complaint
Case No. of 2023
In
the matter of :
Prithijeet
Das,
________Complainant
-
Versus –
Sariful
Sardar,
____________Accused
FIRISHTI
{Enclosure}
1. Written
Complaint to Kasba Police Station dated 10-07-2023, and the written Complaint
dated 21-07-2023 to the Commissioner of Police, with Courier receipts and track
report;
2. Loan cum
Hypothecation cum Guarantee Agreement No. 8000156742;
3. Account
Statement up-till 07-07-2023;
very useful
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