Criminal complaint under Section 223 BNSS with application under Section 175(3) BNSS and supporting affidavits for FIR over forged signatures on personal loan
0 of 39 blanks filled
IN THE MATTER OF :-
Complainant's name: COMPLAINANT
VERSUS
Accused persons' namesACCUSED PERSONS
(P.S.: Police station)
INDEX
S.No.PARTICULARS
1.Memo of Parties.
2.Complaint under Section 223 BNSS, with affidavit in support.
3.Application under Section 175(3) BNSS, with affidavit in support.
4.Certified copy of the loan agreement on which the alleged forged signature is visible.
5.Copy of the complaint dated Date of the Complainant's complaint to the SHO made by the Complainant to the SHO, P.S. Police station.
6.Vakalatnama.
DELHICOMPLAINANT
THROUGH
DATED: Date of signing
ADVOCATES
Ch. Advocate's name.
Mob. No. +91-Advocate's mobile number
Email: Advocate's email address
IN THE COURT OF THE LEARNED CHIEF JUDICIAL MAGISTRATE, DISTRICT CENTRAL, TIS HAZARI COURTS, DELHI.
CRIMINAL COMPLAINT No. Criminal complaint number OF 2024.
IN THE MATTER OF :-
Complainant's name: COMPLAINANT
VERSUS
Accused persons' namesACCUSED PERSONS
(P.S.: Police station)
MEMO OF PARTIES
Complainant's name: COMPLAINANT
VERSUS
1. Accused no. 1's name and address,
Accused no. 1's address.
2. Accused no. 2's name and address,
Accused no. 2's address.
Mob. No. +91-Accused no. 2's mobile numberACCUSED PERSONS
DELHICOMPLAINANT
THROUGH
DATED: Date of signing
ADVOCATES
Ch. Advocate's name.
Mob. No. Advocate's mobile number
IN THE COURT OF THE LEARNED CHIEF JUDICIAL MAGISTRATE, DISTRICT CENTRAL, TIS HAZARI COURTS, DELHI.
CRIMINAL COMPLAINT No. Criminal complaint number OF 2024.
IN THE MATTER OF :-
Complainant's name and address
Complainant's address.: COMPLAINANT
VERSUS
1. Accused no. 1's name
Accused no. 1's address.
2. Accused no. 2's name
S/o ----------------, Accused no. 2's address.
Mob. No. +91-Accused no. 2's mobile numberACCUSED PERSONS
(P.S.: Police station)
COMPLAINT UNDER SECTION 223 OF THE BHARATIYA NAGARIK SURAKSHA SANHITA FOR TAKING COGNIZANCE AGAINST THE ACCUSED PERSONS UNDER SECTIONS BNS sections invoked OF THE BHARATIYA NYAYA SANHITA, ACCOMPANIED BY AN APPLICATION UNDER SECTION 175(3) OF THE BHARATIYA NAGARIK SURAKSHA SANHITA.
MOST RESPECTFULLY SHOWETH :-
1.That the Complainant is constrained to approach this Hon'ble Court on account of the acts of cheating and forgery committed by the officials of accused no. 1 and by accused no. 2, who connived with each other and forged the signature of the Complainant for availing a personal loan of Rs. Loan amount (₹)/- (Loan amount in words) dated Date of personal loan agreement, and illegally dragged the name of the Complainant into the said personal loan. Aggrieved by the acts and conduct of the accused persons, the Complainant has been compelled to file the present complaint.
2.That the brief facts leading to the filing of the present complaint are as under: -
3.That on Date complainant learned of the loan, the Complainant was stunned to learn that her ex-husband had dragged and misused her name in a Personal Loan Account with Name of bank Bank bearing No. Loan account number. The said loan was individually availed of by accused no. 2, Accused no. 2's name, in connivance with the officials of accused no. 1, Name of bank Bank, by forging the signature of the Complainant on the personal loan agreement. The Complainant was further shocked to learn of the entire conspiracy on Date complainant discovered the forgery, when she saw the loan agreement documents dated Date of loan documents filed before DRT-3 filed by accused no. 1 Bank before DRT-3, in which her name, Complainant's name, appears in the column of co-applicant. The same is an act of forgery and cheating to misappropriate public money, and the name of the Complainant has been dragged into a fictitious loan transaction to which she was never a party in any manner.
4.That the Complainant is neither the borrower nor connected with the said personal loan account in any manner, and accused no. 2, Accused no. 2's name, is solely responsible for the repayment of his personal loan account. The certified copy of the said loan agreement, on which the alleged forged signature is visible, is annexed as an Annexure to this complaint. That the officials/agents of accused no. 1 Bank and accused no. 2 dishonestly and intentionally forged the signature of the Complainant in order to avail the said personal loan of Rs. Loan amount (₹)/- (Loan amount in words) and dragged her name into the said illegal loan transaction, with complete knowledge and in a planned manner, so as to cause wrongful gain to themselves and wrongful loss by way of public money, by illegally disbursing public money into the bank account of accused no. 2. Both the accused persons, in connivance with each other, acted solely to misappropriate Rs. Loan amount (₹)/- for their wrongful gain. The said fraudulent act is the result of a conspiracy between the officials of accused no. 1 Bank and accused no. 2 in order to illegally avail the personal loan of Rs. Loan amount (₹)/- by forging the signature of the Complainant to execute the personal loan agreement. The Complainant has been trying to contact the officials of accused no. 1 Bank since Date complainant first contacted bank, and has also contacted accused no. 2, Accused no. 2's name, at Accused no. 2's contact detail, but neither of them responded to the Complainant, and the officials of the Bank kept deferring the said issue on one pretext or the other. The Complainant is participating in the proceedings before the Hon'ble DRT-3. All her efforts went in vain when accused no. 1 Bank and accused no. 2 failed to respond to the Complainant and to redress her grievance regarding the illegal act of forgery committed by putting her signatures on the Personal Loan Agreement dated Date of personal loan agreement. That the employees of accused no. 1 Bank and accused no. 2 have committed a brazen act of forgery and have fraudulently signed as Name of person who signed as complainant on the said Personal Loan Agreement, with the dishonest intention of deceiving and misrepresenting that the same was executed by the Complainant (Complainant's name). These fraudulent acts were committed by the officials of the accused persons in order to avail the said illegal loan of Rs. Loan amount (₹)/-, and amount to fraud; the alleged personal loan stands vitiated as against the Complainant and is liable to be declared null and void.
5.Further, in the said criminal act, wherein an amount of Rs. Loan amount (₹)/- of public money is involved, the registration of an FIR under the relevant provisions is required, and investigation is necessary for the recovery of the public money; the original personal loan agreement should be sent to CFSL to ascertain who forged and signed in the place of the Complainant in the said personal loan agreement, which is punishable under law.
6.The facts set out above clearly show that the accused persons, with an ulterior motive, conspired against the Complainant and attempted to fasten a frivolous financial liability upon her by falsely presenting the Complainant as a co-borrower, and harassed her by the acts of forgery and cheating, dragging her into frivolous litigation by accused no. 1 Bank in collusion with accused no. 2.
7.Thus, the accused persons have committed offences under Section BNS sections invoked of the Bharatiya Nyaya Sanhita, and they should also be prosecuted for forgery, cheating and criminal defamation for abusing and harming the goodwill of the Complainant.
8.That the Complainant lodged a written complaint at the Police Station Police station where complaint lodged, Delhi on Date of complaint to police. The Complainant, who has been living in constant fear and threat, requested the police officers to help and register an FIR against the accused persons; however, till date the police officials have failed to lodge any FIR against the accused persons.
9.That the accused persons, with an ulterior motive and in connivance with each other, their associates and with common intention, have caused hurt, committed defamation, forgery, cheating and criminal intimidation with malafide intent.
10.That custodial interrogation of the accused persons is necessary, as the same will reveal the ramifications of the offences, and police investigation is necessary to collect evidence regarding the conspiracy and the other persons involved therein. That this is a classic example of fraud/cheating, and the accused persons have committed this crime with knowledge of the consequences likely to arise on account of their actions.
11.That the Complainant is left with no other option except to approach this Hon'ble Court for taking necessary action against the accused persons as warranted in law.
12.That in case an urgent FIR under Section BNS section for FIR of the Bhartiya Nyay Sanhita is not registered against the accused persons, and they are not arrested, there is every possibility that they will cause serious prejudice to the Complainant.
13.That, as per their conduct, it is apparent that the accused persons have committed the criminal acts under Sections BNS sections invoked of the Bhartiya Nyay Sanhita, and as such they are liable to be prosecuted for the offences punishable under the BNS.
14.That the aforesaid complaint discloses various cognizable offences against the accused persons, in terms of the law laid down by the Hon'ble Supreme Court of India in the case of Lalita Kumar Vs. State of UP & Ors. (2014) 2 SCC 1, wherein it was held that the essential requirement for recording an FIR is that there must be information which discloses a cognizable offence, and when such information is laid before an officer in charge of a police station, he is bound to register the case on such information.
15.That, due to the unlawful acts of the accused persons, the Complainant lodged a complaint with the local police of Police Station Police station where complaint lodged on Date of complaint to police; needless to say, the local police have not taken any action against the accused persons, nor have they lodged the F.I.R. till today.
16.That the Complainant has every reason to believe, in the facts and circumstances of this case as stated above, that the police are intentionally and deliberately not taking action and are acting in active connivance with the accused persons.
17.That it is pertinent to mention here that, so far, neither have the accused persons been arrested nor has any inquiry been made by the police officials, which clearly shows the malafide intention and collusion of the police officials with the accused persons.
18.That, as the cognizable offences punishable under Section BNS sections invoked of the Bhartiya Nyay Sanhita have been committed within the jurisdiction of Police Station Police station where complaint lodged, the Complainant got a police complaint lodged against the above-mentioned accused persons at Police Station Police station where complaint lodged on Date of complaint to police. Hence, they are liable to be punished for the offences mentioned above.
19.That investigation into the abovementioned cognizable offences committed by the accused persons is essential to unearth the whole truth and to ascertain the manner of conspiracy and the exact role of the accused persons in the commission of the said substantive offences, so that, upon submission of the final report, this Hon'ble Court can try and punish them in accordance with law.
20.That this Hon'ble Court has jurisdiction to entertain this complaint and to summon, try/prosecute and punish the accused persons in accordance with law for committing cognizable offences punishable under Sections BNS sections invoked of the Bhartiya Nyay Sanhita. The offences have been committed within the local limits/jurisdiction of this Hon'ble Court.
P R A Y E R
In view of the above facts and circumstances, it is, therefore, most respectfully prayed that this Hon'ble Court may be pleased to:-
(a)Take cognizance of the offences under Sections BNS sections invoked of the Bhartiya Nyay Sanhita, or under any other relevant sections, and direct the summoning of the accused persons and try the accused persons for the aforesaid offences, which will be in the interest of justice.
(b)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.
DELHICOMPLAINANT
THROUGH
Advocate's name
ADVOCATES
DATED: -
Ch. Advocate's name,
Advocate's address.
Mob. No. +91-Advocate's mobile number
Email:
IN THE COURT OF LD. CHIEF JUDICIAL MAGISTRATE, DIST. CENTRAL, TIS HAZARI COURTS, DELHI.
CRIMINAL COMPLAINT No. Criminal complaint number OF 2024.
IN THE MATTER OF :-
Complainant's name: COMPLAINANT
VERSUS
Accused persons' names: ACCUSED PERSONS
(P.S.: Police station where complaint lodged)
APPLICATION UNDER SECTION 175(3) OF THE BHARTIYA NAGARIK SURAKSHA SANHITA ON BEHALF OF THE COMPLAINANT SEEKING A DIRECTION TO THE SHO, POLICE STATION Police station, FOR REGISTRATION OF AN F.I.R. AGAINST THE ACCUSED PERSONS FOR THE OFFENCE UNDER SECTIONS BNS sections invoked OF THE BHARTIYA NYAY SANHITA.
MOST RESPECTFULLY SHOWETH :-
1.That the Complainant has filed the accompanying complaint under Section 223 BNSS for taking cognizance of the offences under Section BNS sections invoked of the Bhartiya Nyay Sanhita against the accused persons.
2.That the contents of the accompanying complaint are not being repeated herein for the sake of brevity, and the same may be read as part and parcel of this application.
3.That the indulgence of the police is required in the instant case, as cognizable offences have taken place and the police have refused to register an FIR.
4.That, in view of the averments made in the complaint, the Complainant has disclosed the commission of a cognizable offence and has made out a prima facie very strong and apparent case for issuing directions to the S.H.O. of Police Station Police station to register the F.I.R. under the said sections.
5.That the Hon'ble Supreme Court of India has specifically laid down in numerous cases that the police cannot investigate any cognizable offence 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.
6.That, after the complaint was received at the Police Station, the Complainant requested the police officials to lodge the FIR against the accused persons, but to no avail, as no action was taken by the concerned police officials, though 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.
7.That, as the accused persons committed the offences of theft, threatening, criminal assault, defamation and criminal intimidation, being offences involving mens rea (guilty intention), it is necessary to lead evidence showing the dishonest intention of the accused persons. In cases of this nature, in order to secure summoning/conviction by this Hon'ble Court, it is essential that the evidence showing dishonest intention be led before this Hon'ble Court, which is possible only through investigation by the police authorities.
8.That the complainant has no means to investigate into the matter and/or to identify the accused for the purposes of trial, unless and until this Hon'ble Court directs the police to investigate into the matter and to trace and identify the accused and other conspirators. That the complainant, on his own, is unable to collect or procure the entire evidence which would establish the malafide of the accused persons.
9.That upon directions being issued by this Hon'ble Court under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita on the complaint of the Applicant, the police shall be duty-bound to register the case and investigate the same.
10.That an investigation into the abovementioned cognizable offences committed by the accused persons is essential in order to unearth the whole truth, to ascertain the manner of the conspiracy, and to determine the exact role of the accused persons in the commission of the aforesaid substantive offences, so that upon the submission of the final report, this Hon'ble Court may try and punish them in accordance with law.
11.That this Hon'ble Court has jurisdiction to entertain this complaint and to pass directions under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita to the S.H.O., P.S. Pahar Ganj, Delhi, inasmuch as the cognizable offences punishable under Sections BNS sections invoked of the Bharatiya Nyaya Sanhita have been committed by the accused persons within the jurisdiction of the aforesaid Police Station and within the jurisdiction of this Hon'ble Court; and this Hon'ble Court has the authority to issue directions under Section 175(3) of the BNSS, to call for the final report, and to try and punish the accused in accordance with law.
12.That in order to save the valuable time of this Hon'ble Court, it is expedient in the interest of justice that a direction be issued to the S.H.O., Police Station Pahar Ganj, to register an FIR under Sections BNS sections invoked of the Bharatiya Nyaya Sanhita.
P R A Y E R
It is, therefore, most respectfully prayed that this Hon'ble Court may be pleased to direct the S.H.O., P.S. Pahar Ganj, to immediately register an FIR against the accused persons under Sections BNS sections invoked of the Bharatiya Nyaya Sanhita and under any other relevant provisions, and to investigate the matter further and submit a final report in this regard, in the interest of justice.
It is further prayed that such other and further order or orders may be passed as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice.
DELHICOMPLAINANT
THROUGH
Advocate's name, Advocate
DATED: Date of signing
Mobile No.: +91-Advocate's mobile number
Email: Advocate's email ID
IN THE COURT OF THE LD. CHIEF JUDICIAL MAGISTRATE, DISTRICT CENTRAL, TIS HAZARI COURTS, DELHI
CRIMINAL COMPLAINT No. Criminal complaint number OF 2024
IN THE MATTER OF:
Complainant's name: COMPLAINANT
VERSUS
Accused persons' names: ACCUSED PERSONS
AFFIDAVIT
I, Complainant's name, D/o Sh. Complainant's father's name, aged about Complainant's age years, R/o Complainant's address, presently at Delhi, do hereby solemnly affirm and declare as under:
1.That I am the complainant in the above-noted matter; I am well conversant with the facts and circumstances of the case and am competent to swear the present affidavit.
2.That the contents of the annexed Complaint under Section 223 of the Bharatiya Nagarik Suraksha Sanhita have been drafted by my counsel as per my instructions; the contents thereof have been duly read over to me and understood by me in my vernacular language, and after fully understanding the same, the contents thereof are true and correct to my knowledge and belief. No part thereof is false and nothing material has been concealed therefrom.
DEPONENT
VERIFICATION:
Verified at Delhi on this Day of verification day of Month of verification that the contents of my 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 THE LD. CHIEF JUDICIAL MAGISTRATE, DISTRICT CENTRAL, TIS HAZARI COURTS, DELHI
CRIMINAL COMPLAINT No. Criminal complaint number OF 2024
IN THE MATTER OF:
Complainant's name: COMPLAINANT
VERSUS
Accused persons' names: ACCUSED PERSONS
AFFIDAVIT
I, Complainant's name, D/o Sh. Complainant's father's name, aged about Complainant's age years, R/o Complainant's address, presently at Delhi, do hereby solemnly affirm and declare as under:
1.That I am the complainant in the above-noted matter; I am well conversant with the facts and circumstances of the case and am competent to swear the present affidavit.
2.That the contents of the annexed application under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita have been drafted by my counsel as per my instructions; the contents thereof have been duly read over to me and understood by me in my vernacular language, and after fully understanding the same, the contents thereof are true and correct to my knowledge and belief. No part thereof is false and nothing material has been concealed therefrom.
DEPONENT
VERIFICATION:
Verified at Delhi on this Day of verification day of Month of verification that the contents of my above affidavit are true and correct to my knowledge; no part of it is false and nothing material has been concealed therefrom.
DEPONENT