ASHOK KUMAR SINGH

Sunday, September 24, 2023

application under section 156 (3) Criminal Procedure Code 1973

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, 6^th 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 –

Hafijul Molla, Son of Abdul Jalil Molla, Uttar Durgapur, Joynagar, Majilpur, Joynagar 1, Near Taltala Auto Stand, Pin – 743337, District South 24 Parganas;

_____________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 one Mr.Hafijul Molla had approached the Complainant Company for a vehicle loan to re-purchase a LPT3118TC bearing Registration No. WB19H1737 owned by one Mr. Deb Prasad Khatuya of Gopalnagar, P.O- M Durga, Pathar Pratima, South 24 Parganas-743347. Basis not only the documents submitted by him but also the representation made by him, he was approved a loan facility of Rs. 2,050,289.44/- on 07.12.2020 vide Contract No. 8000114593. A Loan cum Hypothecation cum Guarantee Agreement was executed between the Complainant Company and the Accused, Mr. Hafijul Molla to this effect. Initially the loan was to be repaid along with the interest thereof in Equated Monthly Instalments starting from 11.01.2021 to 30.11.2024.

4. That, after the loan was sanctioned, an amount of Rs,14,90,715/- was duly credited to Mr. Hafijul Molla Bank Account@ BANK OF INDIA, Jaynagar branch bearing Account No.424120110000171, UTR no-2020120761909009 for purchasing the above referred LPT3118TC.

5. That, the Accused have made few payments against both the contracts till date and the last payment was received on 27 September 2022.

6. That, subsequently the Accused started defaulting in payment of the instalments and several follow ups and reminders were made to him for recovery of the loan outstanding but it fell on deaf ears.

7. That after having given reasonable time and opportunity to the Accused to clear the loan outstanding, and from the conduct of the Accused, it is crystal clear that he deliberately failed and/or neglected to clear the loan outstanding in time, with the ulterior motive of causing a wrongful loss to the Complainant Company and wrongful gain to himself.

8. That, after repeated visits to the Accused he never divulged any details of the vehicle and refused to produce the vehicle for inspection and thereby committed a crime of cheating and fraud and has violated the terms and conditions of the agreement.

9. That the accused has fraudulently signed the Agreement and promised to repay the dues. The accused has totally failed and neglected to pay the dues. The accused have wilfully and deliberately deceived the complainant to pay the amount by false misrepresentation and achieved wrongful gains. The accused never wanted to return the money therefore the Borrower have committed the offence of Cheating and liable to be punished.

10. That, on 06/06/2023 the said vehicle was found near Tollygaunge, Kolkata and the complainant having followed the due process and after giving proper intimation to the Regent Park Police Station regarding repossession of the vehicle.

11. That, later to utter surprise, the complainant had come to know that the said vehicle is now registered in the name of one Mr. Kader Gaji and the said Mr. Kader Gaji had approached Regent Park PS to file a complaint against Company employees. Now the said vehicle is seized by Regent Park Police, and it is in their custody.

12. That, the accused Mr. Hafijul Molla have misappropriated a huge amount of money on the pretext of purchasing the said LPT3118TC, vehicle.

13. 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.

14. That on 17/07/2023, 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 2^nd day of August’ 2023; But no result yield yet.

15. 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.

16. 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.

17. 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.

18. 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.

19. 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.

20. 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.

21. 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, 6^th 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 -

Hafijul Molla, ….……..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, 6^th 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 –

Hafijul Molla,

____________Accused

FIRISHTI

{Enclosure}

1. Written Complaint to Kasba Police Station dated 17-07-2023, and the written Complaint dated 02-08-2023 to the Commissioner of Police;

2. Loan cum Hypothecation cum Guarantee Agreement No. 8000114593;

3. Account Statement;

application under section 156 (3) Criminal Procedure Code 1973

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 ;

_________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;

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 21^st 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.

And for this act of kindness, Your Complainant as in duty bound shall ever pray.

Verification

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.

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.

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;