Evidence affidavit of complainant in criminal complaint for cheating and forgery
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 Court of the Metropolitan Magistrate, Court complex and city
CRIMINAL COMPLAINT NO. Criminal complaint number OF Year of filing of the criminal complaint
IN THE MATTER OF:
Complainant's nameCOMPLAINANT
THROUGH Complainant's counsel's name
VERSUS
Accused's nameACCUSED
EVIDENCE BY WAY OF AFFIDAVIT OF THE COMPLAINANT (CW1)
AFFIDAVIT OF Deponent's name, Deponent's designation in the complainant federation OF Complainant federation's name, HAVING ITS REGISTERED OFFICE AT Complainant's registered office address
I, the deponent named above, do hereby solemnly affirm and declare as under:
1.That the Deponent is an authorised representative of the Complainant Federation in the above-noted complaint and is competent to swear the present affidavit. The Deponent has been authorised by the Complainant Federation by virtue of a board resolution dated Date of board resolution authorising deponent, and is therefore competent to swear this affidavit and depose on behalf of the Complainant Federation.
2.It is stated that the Deponent has approached this Hon'ble Court, being aggrieved by the illegal actions of the Accused, which have resulted in severe loss to the goodwill of the Complainant. The letter of authorisation issued by the Deponent's organisation in favour of Authorised representative's name is marked as Ex.CW1/1.
3.It is further stated that the Deponent is the Deponent's role for the sporting discipline for the sporting discipline of Yogasana in India, which is recognised by National sports recognition body's name, Ministry name. The Deponent is also recognised by the World governing body for Yogasana, which is the governing body for the sport of Yogasana at the world level and works towards the development of the sport of Yogasana under the guidance and leadership of its President, World body president's name.
4.It is further stated that the present complaint is filed against Accused's name (the Accused), who was the Senior Vice-President of Federation's name and has since been suspended by Federation's name (the Deponent's federation) for the illegal and criminal acts committed by him, as enunciated hereunder.
5.It is further stated that on Date of resignation of former president, Former president's name resigned from the post of President of Federation's name, and the said resignation was eventually accepted by the Executive Council of Federation's name; consequently, the post of President of Federation's name fell vacant. The resignation letter and the acceptance of resignation are marked as Ex.CW1/2 and Ex.CW1/3 respectively.
6.It is further stated that, in consequence, Accused's name, the then Senior Vice-President of Federation's name, assumed charge of the vacant office as Working President of Federation's name on his own, since the Memorandum of Association of Federation's name provides that in the event the office of President falls vacant, the Senior Vice-President shall exercise the powers of the President until the next President is elected. This is an interim measure stipulated in the Memorandum of Association of Federation's name so as to ensure the smooth functioning of Federation's name during any vacancy in the office of the President.
7.It is further stated that thereafter, on Date of 6th Executive Council meeting, the 6th Executive Council Meeting of Federation's name was held, in which the members unanimously resolved that an election should be conducted for the post of President of Federation's name. It was further proposed that Hon'ble Justice Retired judge's name (Returning Officer) (Retd.), Court of which the judge is retired, be appointed as the Returning Officer for conducting the election of the President of Federation's name. A copy of the minutes of the meeting is marked as Ex.CW1/4. Hon'ble Returning Officer's name (hereinafter referred to as the "Returning Officer") accepted his appointment as Returning Officer vide letter dated Date of acceptance of Returning Officer's appointment. The letter of acceptance is marked as Ex.CW1/5.
8.It is further stated that on Date nomination form was circulated, the Hon'ble Returning Officer circulated the nomination form for the election of the President of Federation's name. A copy of the nomination form is marked as Ex.CW1/6. Shockingly, Accused's name raised an objection to the said election process, as he sought to extend his temporary, interim tenure as Working President so as to continue enjoying all the powers of the President of Federation's name. However, the Hon'ble Returning Officer, in his wisdom, continued with the election process and duly considered all objections raised by the Accused, rejecting them vide order dated Date of order rejecting objections. A copy of the order rejecting the objection raised by the Accused is marked as Ex.CW1/7.
9.It is further stated that in the said election, only Newly elected president's name filed a nomination paper, and the Hon'ble Returning Officer therefore deemed it fit to declare Newly elected president's name as the new President of Federation's name. The said declaration was made by the Hon'ble Returning Officer on Date of declaration of election result. A copy of the final result of the election is marked as Ex.CW1/8. Immediately after the order of the Hon'ble Returning Officer, the General Secretary of Federation's name informed all its members, as well as the Ministry, that Newly elected president's name had been elected as the new President of Federation's name. A copy of the email circulating the result of the election to all members is marked as Ex.CW1/9. All members conveyed their congratulations to Newly elected president's name. Accordingly, with effect from Date new president assumed office, Newly elected president's name became the new President, and Accused's name ceased to be the interim, temporary Working President of Federation's name.
10.It is further stated that the election of Newly elected president's name as President of Federation's name has been recognised by Recognising sports body's name as well as by the Ministry of Youth Affairs & Sports. The office of the Registrar of Societies has also accepted the election of Newly elected president's name. As on date, there is no challenge whatsoever, in any court of law, to the election of Newly elected president's name as President of Federation's name. A copy of the email sent by Sender of email (General Secretary's name) is marked as Ex.CW1/10.
11.It is further stated that, despite his tenure as Working President having expired on Date accused's tenure as Working President expired, the Accused has, to date, continued to act and portray himself to the public as the Working President of Federation's name, and has been issuing illegal and false communications by misusing the letterhead of Federation's name at his own whim and fancy, without any regard to the Memorandum of Association of Federation's name. He is deliberately misleading and deceiving the public at large and inducing them to believe that he continues to be the Working President of Federation's name. The illegal communications issued by him are as follows:
(a)It is further stated that on Date of letter removing General Secretary, that is, almost a month after the election of the new President of Federation's name, the Accused wrote a letter to the General Secretary of Federation's name unilaterally and illegally removing him from the post of General Secretary, and declared that one Appointed officiating Secretary General's name, who is the Joint Secretary of Federation's name, would thereafter act as the officiating Secretary General of Federation's name. It is pertinent to note that the said letter was wholly illegal, since the Accused was no longer the Working President of Federation's name, and he was well aware that the Memorandum of Association of Federation's name vests no power in the President of Federation's name to remove a democratically elected General Secretary. Despite knowing that he was no longer the Working President of Federation's name, he not only removed the General Secretary of Federation's name but also deceived Officiating Secretary General's name into believing that she had become the General Secretary of Federation's name. A copy of the letter dated Date of letter to Secretary General addressed to the Secretary General of Federation's name is marked as Ex.CW1/11.
b.It is further stated that in order to deceive all the members of the NYSF into believing that the General Secretary of Federation's name had been removed, the Accused, Accused's name, circulated an email on Date of suspension order email titled "Suspension Order and to restrict the further action by General Secretary's name as SG". He issued this email in his purported capacity as Working President of Federation's name solely in order to defame the General Secretary and to mislead and deceive the members of the NYSF.
c.It is further stated that after deceptively appointing Officiating Secretary General's name as the General Secretary of Federation's name, the Accused wrote an illegal and false letter dated Date of letter to Punjab National Bank to the Punjab National Bank, i.e., the bank with which the NYSF holds its accounts, and requested the Bank to make both the bank accounts of the NYSF non-operational with immediate effect. Notably, he deceptively obtained the signatures of Officiating Secretary General's name on the said letter by making her believe that she was the General Secretary of the NYSF. It is further submitted that the stamp of the General Secretary was never issued either to Officiating Secretary General's name or to the Accused, Accused's name; hence, the stamp of the General Secretary of the NYSF has also been forged and fabricated. A copy of the illegal and false letter dated Date of letter to Punjab National Bank sent to the Punjab National Bank is Ex.CW1/12.
d.It is further stated that, taking strict cognizance of this issue, the General Body of the NYSF decided to issue a show cause notice to the Accused for the aforesaid illegal letters issued by him. In furtherance of this decision of the General Body, a show cause notice was issued to the Accused on Date of show cause notice. A copy of the Show Cause Notice is Ex.CW1/13. The Accused has not furnished any reply to the said show cause notice till date. Accordingly, the Accused was suspended by the President of the NYSF vide order dated Date of suspension order. A copy of the suspension letter dated Date of suspension letter is Ex.CW1/14.
e.It is further stated that, despite having ceased to be the Working President of Federation's name and having been suspended by the President of Federation's name, the Accused once again misused the letterhead of Federation's name and issued a notice dated Date of meeting notice calling for a meeting of the Executive Council of Federation's name on Date of proposed Executive Council meeting. A copy of the Meeting Notice is Ex.CW1/15. Shockingly, in the agenda for the said meeting, he proposed to discuss the affiliation of members of Federation's name. A copy of the Agenda of the Meeting is Ex.CW1/16.
f.It is further stated that thereafter, to the utter shock of the Deponent, on Date of letter cancelling previous communications, the Accused, Accused's name, again misused the letterhead of the NYSF and issued a letter in his purported capacity as Working President of the NYSF, wherein he stated that all previous communications made to the State/UT Yogasana member Federations stood cancelled. A copy of the letter cancelling the previous communications is Ex.CW1/17. Thereby, he illegally, unilaterally and mischievously cancelled the membership of 18 members of the State/UT Yogasana Federations of the NYSF. Thereafter, he issued another illegal communication on the letterhead of Federation's name on Date of letter granting affiliation itself, in which he stated that 21 State-level Yoga Federations had now been granted affiliation by the NYSF. A copy of the letter granting affiliation to the Yogasana Sports units of the States/UTs is Ex.CW1/18. It is pertinent to note that in these letters dated Dates of affiliation letters, the Accused, Accused's name, has procured the signatures of Officiating Secretary's name as the Officiating Secretary of the NYSF. This itself demonstrates that the Accused is deceiving, coercing and cheating various officials of Federation's name into signing these illegal communications, only to create panic and confusion in the entire Yoga fraternity across India. The Accused has no respect for established procedure or for the law.
12.It is further stated that the Accused, Accused's name, has till date been unable to accept that he is no longer the Working President of Federation's name, and has therefore tried everything possible to destroy the image of Federation's name by issuing illegal and false communications on its letterhead, and by portraying to the public at large that he continues to be the Working President of Federation's name.
13.It is further stated that the attention of this Hon'ble Court is invited to the fact that, once a State-level Yogasana Federation is granted affiliation by Federation's name, it is required to pay affiliation fees to Federation's name. The NYSF apprehends that the Accused, Accused's name, will now start illegally collecting affiliation fees from the State-level Yoga Federations which he has deceived into believing that they are affiliated members of the NYSF.
14.It is further stated that the Accused continues to deceive and cheat officials of Federation's name, such as Official deceived (name) and Official deceived (name), into executing documents in illegal capacities by misusing the letterhead of Federation's name. Time and again, the NYSF has directed the Accused to desist from issuing these illegal communications, but he pays no heed whatsoever to the orders and requests of the NYSF. The Accused continues to issue communications and orders in his purported capacity as Working President of Federation's name by misusing its letterhead, and is therefore still indulging in criminal breach of trust.
15.It is further stated that by cancelling the affiliation of the members of the NYSF and granting affiliation to other State-level Yoga Federations vide letter dated Date of affiliation cancellation letter, the Accused has cheated and committed fraud upon the NYSF, its members, a large number of State-level Yoga Federations, Yoga players and the public at large.
16.It is further stated that by continuing to portray himself as the Working President of Federation's name, the Accused has indulged in the offence of cheating by impersonation. As an official of Federation's name, the Accused was duty-bound to protect the reputation and interests of Federation's name; however, by indulging in the aforesaid illegal activities, he has knowingly cheated the public at large and even the officials of Federation's name, with the sole aim of causing grave and massive harm to, and disrepute of, Federation's name, and of defaming and tarnishing its reputation before the public at large, thereby causing wrongful loss to Federation's name.
17.It is further stated that by writing the forged and fabricated letter dated Date of letter to Punjab National Bank to the Punjab National Bank, the Accused has cheated the Punjab National Bank by attempting to block and cease operations in the bank accounts of Federation's name. Further, by inducing the officials of Federation's name to sign the illegal letters issued by him, and by fabricating the stamp of the General Secretary of Federation's name on the letter dated Date of letter to Punjab National Bank, the Accused has indulged in the offence of forgery.
18.It is further stated that the Deponent therefore approached P.S. Parliament Street and lodged his complaint bearing No. Police complaint number dated Date of police complaint, but no action was taken in the matter. A copy of the complaint to the SHO, Parliament Street, is Ex.CW1/19. Thereafter, the Deponent sent a complaint to the concerned DCP (Parliament Street) and the Commissioner of Police, Delhi, by Speed Post on Date of speed post to DCP and Commissioner. A copy of the Speed Post receipt is Ex.CW1/20.
19.That on Date documents were filed with the court, the Deponent filed the following documents with the permission of this Hon'ble Court, and the same were taken on record and are now exhibited as under:
Copy of the Memorandum of Association and Rules and Regulations of NYSF 2021 is Ex.CW1/21.
Copy of the Declaration of Election to the post of President of NYSF bearing letter reference No. Letter reference number of election declaration dated Date of election declaration letter is Ex.CW1/22.
Copy of the letter dated Date of charge handover letter regarding handing over of the official charge of President, NYSF, is Ex.CW1/23.
Copies of the letters dated Date of first minutes of meeting letter and Date of second minutes of meeting letter containing the minutes of meeting are Ex.CW1/24 (colly.).
Copy of the letter dated Date of show cause notice letter regarding the Show Cause Notice is Ex.CW1/25.
Copy of the letter dated Date of Executive Committee meeting letter regarding the meeting of the Executive Committee of NYSF is Ex.CW1/26.
Copy of the certificate dated Date of certificate is Ex.CW1/27.
Copy of the letter dated Date of expulsion and termination letter regarding expulsion and termination is Ex.CW1/28.
Copy of the letter dated Date of Ministry letter to NYSF issued by the Ministry of Youth Affairs & Sports Department to NYSF is Ex.CW1/29.
20.I hereby state that whatever is stated hereinabove is true and correct to the best of my knowledge and belief.
DEPONENT
VERIFICATION
Verified at Delhi on this Day of verification day of July, Year of verification, that the contents of paragraphs 1 to 20 of my evidence affidavit are true and correct to the best of my knowledge and belief, and nothing material has been concealed therefrom.
DEPONENT