Complaint under Section 200 CrPC for cheating, forgery and impersonation in property sale, with supporting affidavit
Cites the IPC, CrPC or Evidence Act. For matters from 1 July 2024, use the BNS, BNSS or BSA.
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IN THE COURT OF THE LEARNED CHIEF JUDICIAL MAGISTRATE, GHAZIABAD COURTS, UTTAR PRADESH
CRIMINAL COMPLAINT No. Complaint number OF Year of complaint
IN THE MATTER OF:
Smt. Complainant's name… Complainant
Versus
Smt. Accused no. 1's name & Ors.… Accused Persons
Police Station: Police station name
COMPLAINT UNDER SECTION 200 OF THE CODE OF CRIMINAL PROCEDURE FOR TAKING COGNIZANCE AGAINST THE ACCUSED PERSONS FOR THE OFFENCES COMMITTED UNDER SECTIONS 205, 378, 379, 415, 416, 417, 419, 420, 406, 463, 464, 470, 471, 34 OF THE INDIAN PENAL CODE, 1860, AND UNDER SECTION 66C OF THE INFORMATION TECHNOLOGY ACT, 2000.
MOST RESPECTFULLY SHOWETH:-
1.That the Complainant has approached this Hon'ble Court, being aggrieved by the illegal acts of the accused persons, which have caused severe losses to the Complainant and have resulted in grave mental agony and harm being suffered by the Complainant.
2.That the Complainant is a law-abiding citizen, having full faith in the administration of justice.
3.That hereinafter, the imposter of Accused no. 1's name shall be referred to as accused no. 1; Accused no. 2's name shall be referred to as accused no. 2; the officials of Name of bank (accused no. 3) Bank, BO-Bank branch office number, New Delhi-Bank branch pincode shall be referred to as accused no. 3; Accused no. 4's name shall be referred to as accused no. 4; Accused no. 5's name shall be referred to as accused no. 5; Accused no. 6's name shall be referred to as accused no. 6; and the officials of the Office of the Sub-Registrar, Sub-registrar office location, Uttar Pradesh-Sub-registrar office pincode shall be referred to as accused no. 7.
4.That the Complainant purchased the property bearing plot no. Plot number of complainant's property, Property locality, Uttar Pradesh-Property pincode. The said property is divided into three floors, namely: the First Floor, with a total covered area of First floor area (whole number).First floor area (decimal) sq. mtr., consisting of one drawing room, two bedrooms and one kitchen; the Second Floor, with a total covered area of Second floor area (whole number).Second floor area (decimal) sq. mtr., consisting of two balconies, three bedrooms, one drawing room, one dining room and one kitchen; and the Third Floor, with a total covered area of Third floor area (whole number).Third floor area (decimal) sq. mtr. The total area of the said property is Total property area (whole number).Total property area (decimal) sq. mtr. The said property was purchased from Original owner's name S/o Original owner's father's name, R/o Village Original owner's village, Delhi-Original owner's pincode, the first owner of the said property, for a consideration of Rs. Purchase consideration (lakh part, ₹),Purchase consideration (thousand part, ₹),Purchase consideration (units part, ₹)/- (Purchase consideration in words (lakhs) Lakhs only), and the same was registered vide Bahi No. Bahi number of purchase registry, Jild No. Registry jild number of purchase, Page No. Registry page number of purchase/Second registry page number of purchase, Serial No. Registry serial number of purchase, on Date of purchase registry (day).Date of purchase registry (month).Date of purchase registry (year). Copies of the property documents together with the site plan are annexed hereto as Annexure P-1 (colly.).
5.That on Date of sale of second floor (day)-Date of sale of second floor (month)-Date of sale of second floor (year), the Complainant sold the Second Floor, along with roof rights, of the property bearing plot no. Plot number of second floor sold, Locality of second floor sold, Uttar Pradesh-Pincode of second floor sold, to Sh. Buyer's name (second floor) S/o Buyer's father's name (second floor), R/o H. No. Buyer's house number, Delhi-Buyer's pincode, vide registration particulars, i.e., Bahi No. Bahi number of second floor sale registry, Jild No. Jild number of second floor registry, Page No. Registry start page number of second floor to Registry end page number of second floor, Serial No. Serial number of second floor registry, on Date of second floor registry (day).Date of second floor registry (month).Date of second floor registry (year). A copy of the registry executed in favour of Buyer's name (second floor) is annexed hereto as Annexure P-2.
6.That on Date fraud was disclosed (day).Date fraud was disclosed (month).Date fraud was disclosed (year), Sh. Name of person who disclosed fraud informed the husband of the Complainant of the fraud committed by the imposter, Accused no. 1's name. The present complaint is accordingly filed by the Complainant against the accused persons for committing the illegal acts of forgery, impersonation and fraud in order to sell a property which never belonged to the imposter.
7.That on Date imposter sold property (day)-Date imposter sold property (month)-Date imposter sold property (year), the imposter, Accused no. 1's name, by means of false and fabricated property documents, sold the property bearing plot no. Plot number sold by imposter, Second Floor with roof rights, Locality of property sold by imposter, Uttar Pradesh-Pincode of property sold by imposter, to one Name of buyer from imposter (accused no. 2) (accused no. 2) for a consideration of Rs. Sale consideration by imposter (₹, numeric)/- (Sale consideration by imposter in words (lakhs) Lakhs only). The payments were made as follows: the first payment of Rs. First payment amount (lakh part, ₹),00,000/- (First payment in words (lakhs) Lakhs only) through RTGS number First RTGS number on Date of first RTGS payment (day)-Date of first RTGS payment (month); the second payment of Rs. Second payment amount (lakh part, ₹),Second payment amount (hundreds/thousands part),000/- (Second payment in words (lakh) Lakh Second payment in words (thousand) Thousand only) through RTGS number Second RTGS number on Date of second RTGS payment (day)-Date of second RTGS payment (month); the third payment of Rs. Third payment amount (lakh part, ₹),Third payment amount (thousands part),Third payment amount (hundreds part)/- through RTGS number Third RTGS number on Date of third RTGS payment (day)-Date of third RTGS payment (month)-Date of third RTGS payment (year); the fourth instalment of Rs. Fourth payment amount (lakh part, ₹),00,000/- (Fourth payment in words (lakh) Lakh only) through RTGS number Fourth RTGS number on Date of fourth RTGS payment (day)-Date of fourth RTGS payment (month)-Date of fourth RTGS payment (year); the fifth payment of Rs. Fifth payment amount (lakh part, ₹),Fifth payment amount (thousand part, ₹),Fifth payment amount (units part, ₹)/- (Fifth payment in words (lakhs) Lakhs Fifth payment in words (thousand) Thousand only) through RTGS number Fifth RTGS number on Date of fifth RTGS payment (day)-Date of fifth RTGS payment (month)-Date of fifth RTGS payment (year); and the final payment of Rs. Final payment amount (lakh part, ₹),Final payment amount (thousand part, ₹),Final payment amount (units part, ₹)/- (Final payment in words (lakhs) Lakhs only) through Demand Draft No. DD number of final payment drawn on Bank name of DD Bank on Date of DD payment (day)-Date of DD payment (month)-Date of DD payment (year). Accused no. 2 availed a loan against the aforesaid property from accused no. 3 (Bank name sanctioning loan Bank, BO-Bank branch office number, New Delhi-Bank branch pincode) in the sum of Rs. Loan amount (lakh part, ₹),00,000/- (Loan amount in words).
8.That accused no. 3 sanctioned the said loan against the property bearing plot no. Plot number for loan property, Second Floor with roof rights, Locality of loan property, Uttar Pradesh-Pincode of loan property, i.e., the Second Floor with a total covered area of Second floor area per loan (whole number).Second floor area per loan (decimal) sq. mtr., consisting of two balconies, three bedrooms, one drawing room, one dining room and one kitchen. Accused no. 3 sanctioned the loan without examining the complete chain of documents and without verifying the actual physical possession of the property. The officials of accused no. 3 failed to observe the mandatory guidelines for sanctioning of loans and also failed to follow the requisite procedure, inasmuch as they ought to have examined a chain of title of at least 13 years together with the conveyance deed and proper identity cards of the previous owners of the property; however, this was not done, in connivance with one another. Accused no. 3 thus did not examine the documents before sanctioning the loan amount of Rs. Loan amount sanctioned (lakh part, ₹),00,000/- (Loan amount in words).
9.That the witnesses, namely accused Nos. 4 and 5, Witness/accused no. 4's name and Witness/accused no. 5's name, are also parties to the conspiracy. They signed the sale documents despite knowing that the woman who sold the property was not Name imposter impersonated, and by signing as witnesses they led the complainant to believe that they too were part of the entire conspiracy and cheating.
10.That at the time of execution of the sale deed, the officials of the office of the Registrar were duty-bound to strictly examine the property documents along with the identity proof of the seller and the purchaser. However, the officials of the Registrar's office did not verify the identity proofs against the property documents before registration of the said property, which clearly demonstrates connivance on the part of the official of the Registrar's office (accused No. 7).
11.That by the above-said acts, the accused persons have committed offences under Sections 205, 378, 379, 415, 416, 417, 419, 420, 406, 463, 464, 470, 471 and 34 of the Indian Penal Code, 1860, and under Section 66C of the Information Technology Act, 2000, which are both civil and criminal in nature and have caused grave loss to the complainant.
12.That the accused persons have committed the grave illegal act of selling the property by committing various punishable offences under the various sections referred to above, and they deserve to be punished in accordance with law.
13.That the offences, namely false representation, theft, cheating by impersonation, forgery, criminal breach of trust, making of false documents, use of forged documents, common intention, and fraudulent use of identity proofs and signatures, are all cognizable in nature and punishable under the Indian Penal Code and the Information Technology Act. These offences can be investigated by your good-self, and your good-self has the jurisdiction to enquire into and investigate this complaint.
14.That the above-mentioned persons cheated the complainant by misusing her name, identity proofs and identity, and attempted to falsely implicate her in a false and frivolous criminal case. It is further pertinent to state that this is a criminal case of a very serious nature, in which several persons are running a syndicate to cheat innocent persons. The officials of the bank are part and parcel of this syndicate, as otherwise such a crime could not have taken place. It is also pertinent to state that the officials of the office of the Registrar are part and parcel of the same gang; they were the persons who possessed all information regarding the property transactions and had full control over the sale deeds, and such a crime could not have been possible without the collusion of the officials of the Registrar's office.
15.That this complaint case deserves to be treated as very serious in nature, since the accused persons are capable of committing many more offences, and they were evidently planning to commit more offences than those they have already committed.
16.That the difference between the real Name imposter impersonated and the imposter who posed as Name imposter impersonated is apparent even to the naked eye, there being a marked difference in age, and the forged signatures do not match the original signatures, besides other visible differences. All these discrepancies were ignored solely for the purpose of cheating, by the officials of the Bank name (registrar connivance) bank and the officials of the office of the Registrar.
17.That on Date of first email complaint to police (day), the complainant had already sent a complaint by email to the Senior Superintendent of Police, District District of SSP addressed first time, the Superintendent of Police, District District of SP addressed first time, and the Deputy Superintendent of Police, DSP office addressed first time, but no action was taken by the said officials on the complaint filed by the complainant. Copies of the screenshots of the emails are annexed herewith as Annexure-P-4.
18.That on Date of second police complaint (day)-Date of second police complaint (month)-Date of second police complaint (year), the complainant again sent a complaint to the Senior Superintendent of Police, District District of SSP addressed second time, the Superintendent of Police, District District of SP addressed second time, and the Deputy Superintendent of Police, DSP office addressed second time, and again on Date of further police complaint (day)-Date of further police complaint (month)-Date of further police complaint (year), but no action was taken by the said officials. Printouts of the screenshots of the emails sent to the concerned police officials are enclosed with this complaint. It is further pertinent to state that the same complaint was also sent to the Station House Officer and the higher police officials of District of SHO addressed by speed post by speed post, and the postal receipts are annexed herewith as Annexure-P-5 (colly).
19.That feeling aggrieved, the complainant sent, by speed post and by email, a copy of the complaint which she had filed before P.S. Police station of complaint filed, to the office of the Senior Superintendent of Police and the Deputy Superintendent of Police, District of SSP/DSP office, Uttar Pradesh, requesting that proper action be taken and that the police officials of Police station directed to investigate Police Station be directed to register the complaint and investigate the matter, but no action has been taken on the complainant's complaint till date. Copies of the complaint to P.S. Police station name in annexure and to the Senior Superintendent of Police and the Deputy Superintendent of Police are annexed herewith. The copy of the police complaint to the concerned police station is annexed herewith as Annexure-P-4.
20.That it is pertinent to submit that the complainant has suffered a huge loss on account of the criminal acts of the accused persons. It is further submitted that the accused persons have deliberately, intentionally and mala fide committed criminal acts punishable under Sections 205, 378, 379, 415, 416, 417, 419, 420, 406, 463, 464, 470, 471 and 34 of the Indian Penal Code, 1860, and under Section 66C of the Information Technology Act, 2000.
21.That the Hon'ble Supreme Court of India has specifically laid down in numerous cases that the police can investigate any cognizable offence even without registration of an FIR: Madhubala Vs. Suresh Kumar, 1997 (3) Crimes 162 (SC); Suresh Chand Jain Versus State of Madhya Pradesh, 2001 IAD (SC) 109.
22.That it is needless to state that the case of the complainant pertains to both cognizable and non-cognizable offences, which requires the police to investigate into the matter and bring the accused persons to justice.
23.That it is settled law that the police are bound to register the FIR and cause an investigation to be conducted in a case which pertains to the commission of a cognizable offence.
24.That after the complaint was received at the Police Station, the complainant requested the police officials to lodge an FIR against the accused persons, but to no avail, as no action was taken by the concerned police officials, although they are duty-bound to do so, as per the recent judgment of the Supreme Court in Lallan Bhai & Ors. V/s State of Bihar & Anr., SC 2006 (3) JCC 1731, and also in the landmark judgments of Ramesh Kumari Vs. State (N.C.T. of Delhi) & Ors., 2006 I AD (Cr.) SC 505, and State of Haryana and Others Vs. Bhajan Lal and Others, 1992 Supp (1) SCC 335.
25.That since the accused persons have committed the offences of cheating, forgery, fraud, criminal breach of trust, misappropriation of property and other offences involving mens rea (guilty intention), evidence showing the dishonest intention of the accused is required to be led. In cases of the present nature, in order to secure summoning and conviction before this Hon'ble Court, it is essential that evidence of the dishonest intention of the accused be led before this Hon'ble Court, which is possible only through investigation by the police authorities.
26.That the complainant has no means to investigate into the matter, or to cause a scrutiny of the records to be made for the purpose of trial, unless and until this Hon'ble Court directs the police to investigate into the matter and to apprehend the accused persons and secure the relevant documents.
27.That being aggrieved by the acts of the accused persons and by the failure of the police officials to take any action on the complaint, the complainant is left with no option but to approach this Hon'ble Court with the present complaint against the accused persons.
P R A Y E R
It is, therefore, most respectfully prayed that, in view of the facts and circumstances set out above, this Hon'ble Court may kindly be pleased to:
a.Take cognizance of the offences punishable under Sections 205, 378, 379, 415, 416, 417, 419, 420, 406, 463, 464, 470, 471, 34 of the Indian Penal Code, 1860 and under Section 66C of the Information Technology Act, 2000, or under any other relevant provisions of law, and direct the summoning of the accused persons and their trial for the aforesaid offences, in the interest of justice.
b.Pass an order that the persons found to be involved in the commission of the said offences be arrested, summoned, tried and punished in accordance with law.
c.Pass such further order or orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice.
GhaziabadComplainant
DatedThrough,
Counsel
Law firm name & ASSOCIATES
Office No. X, Law office street address,
Delhi-Law office pincode, Mob. Law firm mobile number
Email- Law firm email prefix (before @yahoo.in)@yahoo.in
IN THE COURT OF LD. CHIEF JUDICIAL MAGISTRATE, GHAZIABAD COURTS, UTTAR PRADESH
CRIMINAL COMPLAINT No. Complaint number (in affidavit cause title) OF Year of complaint (in affidavit cause title)
IN THE MATTER OF: -
Smt. Complainant's name (in affidavit cause title)… Complainant
Versus
Smt. Accused no. 1's name (in affidavit cause title) & Ors.… Accused Persons
AFFIDAVIT
I, Deponent's name, W/o Complainant's husband's name, permanently residing at Complainant's house number, Complainant's street/locality, Delhi-Complainant's pincode, holding Aadhaar Card No. Complainant's Aadhaar number, am the deponent herein and do hereby solemnly affirm and declare as under:-
1.That I, the deponent, am the Complainant in the accompanying complaint filed under Section 200 of the Code of Criminal Procedure, 1973. Being fully conversant with the facts and circumstances of the case, I am competent to swear this affidavit, and the details set out in the present application under Section 200 Cr.P.C. have been set out at my instructions. I have read the contents of the application and the same have been read over and explained to me in vernacular, and I have understood them.
2.That the reliefs claimed in the application are urgent inasmuch as the complainant is facing great hardship and has been harassed by the accused persons. The facts stated herein are true and correct to the best of my knowledge and belief, and nothing material has been concealed therefrom.
Deponent
VERIFICATION:-
Verified at Ghaziabad on thisday of Month of verification, Year of verification, that the contents of the above affidavit are correct and true to the best of my knowledge and belief, that no part of it is false, and that nothing material has been concealed therefrom.
Deponent