IN THE COURT OF THE LEARNED ADDITIONAL CHIEF
JUDICIAL MAGISTRATE AT ALIPORE
DISTRICT:
SOUTH 24 PARGANAS
Complaint
Case No. ______ of 2026
In the matter of:
Mr. Avijit Adhikari,
Son of Late Amit Adhikari, aged about 39 years, Residing at Premises No. 32,
Goswami Para, P.S. Thakurpukur, Kolkata – 700104, District South 24 Parganas.
Mobile Number: 7991023735, Email: yuvaplus.avijitadhikari@gmail.com
…
Complainant
-
Versus –
Thakurpukur
Police Station
1.
Mr. Joy Narayan Kesh, Son of Not Known, Residing at 247,
Nehru Avenue, C-Zone, Durgapur(M.Corp),Bardhaman, Durgapur Steel Town, East, P.S.
Durgapur, West Bengal – 713205.
2.
Mrs. Trishna Kesh, Wife of Joy Narayan Kesh, Residing at
247, Nehru Avenue, C-Zone, Durgapur (M. Corp), Bardhaman, Durgapur Steel Town, East,
P.S. Durgapur, West Bengal – 713205.
3.
Mr. Bibek Ranjan Kesh,
Son of Joy Narayan Kesh,
Residing at 247, Nehru Avenue, C-Zone, Durgapur (M. Corp), Bardhaman, Durgapur
Steel Town, East,
P.S. Durgapur, West Bengal – 713205.
…
Accused Persons
COMPLAINT UNDER SECTION 223 OF BNSS, 2023
Offences
Committed to be punishable under Section 318(3), 316(2), 336(2), 340(2), 229,
217, 248(a) & 61(2) BNS 2023;
The Complainant
above-named Avijit Adhikari, most
respectfully;
Showeth as under;
1. That the complainant
is a law-abiding citizen and resides at the address stated above.
2. That the accused
persons, particularly Accused No. 3, being previously known to the complainant
as a former student, developed a relationship of trust and confidence with the
complainant and his family.
3. That taking advantage
of such relationship, the accused persons induced the complainant and his wife
to accept certain amounts as friendly,
interest-free financial assistance, without any legally enforceable loan
agreement, interest clause, or repayment obligation in the nature now falsely
alleged.
4. That the accused
persons, in course of such dealings, forcibly
obtained and retained several blank signed cheques from the complainant
under coercive circumstances, purportedly as alleged “security”.
5. That one such cheque
bearing No. 014413 dated 05.01.2026 for Rs. 4,00,000/- drawn on ICICI Bank
Limited has been falsely projected as being issued towards discharge of
liability, which is completely false and denied.
6. That it is of crucial
importance that the accused persons themselves lodged an FIR being FIR No. 456 of 2025 dated 02.11.2025
P.S. Durgapur, District Paschim Bardhaman, Under Sections 318(4), 319(2),
316(2) and 3(5) of BNS, 2023.
7. That during
investigation of the said case, the cheque in question was seized by the Investigating Officer
Vide Seizure Memo dated 08.11.2025,
Under DR No. 1604 of 2025, and is presently lying in judicial custody of the Learned Court.
8. That in spite of the
above, the accused persons, in connivance with each other, have illegally manipulated and fabricated the said
cheque, Misrepresented it as a
valid instrument, Caused issuance of a false statutory demand notice dated 19.02.2026 under Section 138
of the Negotiable Instruments Act, and Despite full knowledge that the cheque
was in judicial custody and could not have been lawfully presented.
9. That such acts
clearly constitute fabrication of evidence, use of forged document, false claim
and criminal conspiracy, and abuse of process of law.
10.
That
the Accused persons, knowingly issued the said false and misleading notice
containing Contradictory identity of the alleged claimant, False statements
regarding loan and liability Suppression of material facts regarding seizure of
cheque. Thus actively participating in the unlawful design for wrongful gain.
11.
That
the cause of action for filing the present complaint first arose on 08.11.2025, when the cheque in
question, being Cheque No. 014413, was duly seized by the Investigating Officer
in connection with FIR No. 456 of 2025, vide Seizure Memo under D.R. No. 1604
of 2025, and was thereby taken into lawful custody and placed within the domain
of judicial proceedings. From that date onwards, the said cheque ceased to
remain in the possession, control, or authority of the complainant, and any
subsequent use, handling, or presentation thereof became legally impermissible
and inherently suspicious.
12.
That
the cause of action further arose on 19.02.2026,
when the accused persons, in a concerted and premeditated manner, caused
issuance of a purported statutory demand notice under Section 138 of the
Negotiable Instruments Act, 1881, through their Advocate, falsely alleging
dishonour of the very same cheque. The issuance of such notice, despite full
knowledge of the fact that the cheque had already been seized and was lying in
judicial custody, constitutes a deliberate act of misrepresentation,
fabrication, and abuse of the process of law, thereby giving rise to a fresh
and independent cause of action.
13.
That
the cause of action is continuing in nature, inasmuch as the accused persons
have persisted in their unlawful conduct by seeking to rely upon a fabricated
and legally untenable claim, thereby attempting to initiate coercive and penal
proceedings against the complainant on the basis of false and manufactured
facts. The ongoing threat of prosecution, coupled with the continued misuse of
judicial process, has caused and continues to cause grave prejudice,
harassment, and mental agony to the complainant, thus giving rise to a
continuous and recurring cause of action within the jurisdiction of this
Hon’ble Court.
14.
That
the acts and conduct of the accused persons, as narrated hereinabove, clearly
disclose the commission of several cognizable offences punishable under the
provisions of the Bharatiya
Nyaya Sanhita, 2023, inasmuch as the accused persons, in a
pre-planned and deceitful manner, have dishonestly induced the complainant into
a transaction under the guise of a friendly arrangement and thereafter
deliberately misrepresented the same as a legally enforceable loan, with the
ulterior motive of wrongfully extracting money. Such conduct squarely attracts
the offences relating to cheating
and dishonesty, as the complainant was intentionally misled and
put to wrongful loss while the accused persons sought wrongful gain.
15.
That
the accused persons further committed the offence of criminal breach of trust,
inasmuch as they were entrusted with blank signed cheques purely as a matter of
confidence and for limited security purposes, but in complete violation of such
trust, they misappropriated and misused the said instruments for purposes
wholly unauthorized and detrimental to the complainant. The dishonest retention
and subsequent misuse of the cheque, contrary to the understanding between the
parties, establishes clear criminality on their part.
16.
That
the accused persons have also committed serious offences relating to forgery, fabrication of evidence, and use of
forged documents, by unlawfully filling up and presenting a
cheque which had already been seized by the police and was lying in judicial
custody, and thereafter creating a false narrative of its dishonour. Such
conduct not only amounts to fabrication of false evidence but also constitutes
an attempt to mislead judicial and quasi-judicial authorities by relying upon a
document which was incapable of being lawfully used, thereby striking at the
very root of the administration of justice.
17.
That
the entire sequence of events unmistakably reveals the existence of a criminal conspiracy amongst all
the accused persons, who, in furtherance of their common intention, acted in a
coordinated manner to falsely implicate the complainant by issuing a misleading
statutory notice and attempting to initiate proceedings under the Negotiable
Instruments Act. The active involvement of each accused, including the issuance
of the impugned notice despite knowledge of the true facts, demonstrates a
meeting of minds and a concerted effort to commit illegal acts.
18.
That
the accused persons have also committed offences relating to giving false information and instituting false
and vexatious proceedings, by knowingly making false claims
regarding the existence of a legally enforceable debt and by attempting to set
the criminal law in motion on the basis of fabricated and misleading facts.
Such acts are not only illegal but amount to a gross abuse of the process of
law, warranting strict penal action.
19.
That
in view of the aforesaid facts and circumstances, the accused persons are
liable to be prosecuted for the aforesaid offences under Section 318(3),
316(2), 336(2), 340(2), 229, 217, 248(a) & 61(2) BNS 2023, and such other
allied offences as this Hon’ble Court may deem fit and proper in the interest
of justice.
20.
That
the facts and circumstances of the present case unequivocally demonstrate that
the accused persons have acted in a deliberate, calculated, and mala fide
manner with the sole intention of misusing the legal process to harass,
intimidate, and coerce the complainant. By fabricating a false claim on the
basis of a cheque which was already seized and lying in judicial custody, and
by issuing a misleading statutory notice, the accused persons have not only
distorted the true factual matrix but have also attempted to give a colour of
legality to an otherwise fraudulent and untenable claim. Such conduct strikes
at the very foundation of the administration of justice and cannot be permitted
to go unchecked.
21.
That
the actions of the accused persons constitute a clear and gross abuse of the
process of law, inasmuch as they have sought to invoke penal provisions under
the Negotiable Instruments Act on the basis of facts which are demonstrably
false and inherently impossible. The initiation and continuation of such false
and vexatious proceedings are calculated to cause undue harassment, mental
agony, and reputational harm to the complainant, apart from exposing him to
unwarranted criminal prosecution. The misuse of judicial mechanisms for oblique
purposes not only prejudices the complainant but also undermines public
confidence in the legal system.
22.
That
unless this Hon’ble Court is pleased to exercise its jurisdiction and take
appropriate cognizance of the offences committed by the accused persons, the complainant
shall be left remediless against such unlawful acts and shall continue to
suffer irreparable loss and injury. The intervention of this Hon’ble Court is
therefore not only necessary to protect the rights and interests of the
complainant, but also to uphold the sanctity of judicial proceedings, prevent
abuse of the process of law, and secure the ends of justice.
23.
That
this application is made bonafide and in the interest of administration of
Justice.
In the premises
aforesaid, the Complainant most respectfully prays that Your Honour may be
pleased to;
1.
Take
cognizance of the offences under Section 223 of BNSS, 2023;
2.
Issue
process against the accused persons;
3.
Try
the accused persons for the offences committed to be punishable under Section
318(3), 316(2), 336(2), 340(2), 229, 217, 248(a) & 61(2) BNS 2023 and
punish accordingly;
4.
Pass
such other order(s) as Your Honour may deem fit and proper.
And for this act of kindness, the Complainant as in
duty bound shall ever pray.
WITNESSES;
1.
Complainant;
2.
Complainant’s Wife Smt. Barna Chakraborty Adhikari;
3.
Written Complaint to the Thakurpukur Police Station;
4.
Copy of FIR No. 456 of 2025;
5.
Copy of Seizure List dated 08-11-2025;
6.
The Demand Notice dated 19-02-2026;
7.
Envelop by which the said demand notice served;
8.
Reply on the said demand notice dated 2nd
day of March’ 2026;
9.
Postal Receipts and Track Reports;
10.
Other Document (if any);
VERIFICATION
I,
Avijit Adhikari, the complainant above named, do hereby verify that the
statements made herein are true to my knowledge and belief.
Place:
Kolkata
Date: _____April’ 2026
Complainant
AFFIDAVIT
I,
Avijit Adhikari, son of Late
Amit Adhikari, aged about 39 years, by faith Hindu, by occupation service,
residing at Premises No. 32, Goswami Para, P.S. Thakurpukur, Kolkata – 700104,
District South 24 Parganas, do hereby solemnly affirm and state as follows;
- That I am the complainant in the instant case
and as such I am well acquainted with the facts and circumstances of the
case and competent to swear this affidavit.
- That the statements made in the accompanying
complaint petition
are true to my knowledge and belief, and I reaffirm and verify each and every
statement made therein as if the same are set out herein seriatim.
- That I state that the accused persons have, in
a deliberate and mala fide manner, fabricated and misused a cheque
which had already been seized by the police and was lying in judicial
custody, and have attempted to falsely implicate me by issuing a
misleading statutory notice and initiating unlawful proceedings.
- That I have not suppressed any material fact
and the present complaint has been filed bona fide and in the interest of
justice.
- That the present affidavit is made for the
purpose of supporting the complaint and for placing the true and
correct facts before this Hon’ble Court.
DEPONENT
Identified by
Advocate
Notary
