IN THE COURT OF FIRST CLASS MAGISTRATE _______COURT

AT CBD BELAPUR, NAVI MUMBAI

CC. NO. OF 2019

MISS. PURVA ASHOK GAYKAR )

R/o Flat no. 201, 2nd Floor, )
Sec.36, Palm Beach Height, Seawoods, )
Navi Mumbai 400 706 ) ... Complainant
Versus

1) MISS. MEHEK ANAND )

R/o. )
)

2) MR. ROHIT KHANNA )

R/o. )

3) MS. SONALI KHAURANA ) ... Accused

COMPLAINT UNDER
SECTION 406, 420, r/w 34 of
IPC

MAY IT PLEASE YOUR WORSHIP

That the Complainant MISS. JEANETTE FERNANDES, Indian

Inhabitant, aged 43, residing at Flat no. 503, 5th Floor, Oudumber

Building, Sheth Motishah Lane,Opp. Sarkar Tower, Mazgaon, Mumbai

400010 do hereby state on solemnly affirmation as under:-

1
1. That the complainant is residing on above said address and working as

a Manager with the private company at Silhouette Salon, Triden at Nariman

Point and earning her livelihood.

2. That the complainant wants to purchase residential accommodation

for herself and she gets introduced to accused Mr. Mohd. Suleman Kasim

Shaikh by accused no.2 who is a Broker Mr. Jivraj Desai.

3. That the accused no. 1 is in economic difficulty and he is in need of

money and the complainant want a residential accommodation therefore,

Complainant approached to Broker accused no.2 Mr. Jivraj Desai and

accused no.2 introduce the complainant to accused no.1 Mr. Mohd. Suleman

Kasim Shaikh and at that time complainant friends Sehubert Parera was

present and complainant shown the willingness for purchase the house

premises at that time accused no. 1 & 2 give the information in respect of the

room premises Room no. 203, 2nd Floor, Ashtgandha CHS, Mhatar Pakhadi

Road, Mazgaon, Mumbai 400010. Thereafter, complainant, her friend

Sehubert Parera and accused no.1 & 2 visited to the said room premises and

thereafter the complainant and Accused No. 1 mutually decided the cost of

the said premises an amount of Rs. 40,00,000/-(Rs. Forty Lack Only) for the

said Room No. 203, 2nd Floor, Ashtgandha CHS, Mhatar Pakhadi Road,

Mazgaon, Mumbai 400010 in front of Accused No.2 and Mr. Sehubert

Parera.

4. The Complainant agreed for the same to purchase the said room premises

on certain oral terms & conditions of payment & therefore, the complainant

sell her own house situated at Vasai on very less Market value because of

2
purchase the said room premises & at that time accused no.1 also force to

sell the said house immediately as he want immediate money from

complainant.

5. That as per the terms & conditions Complainant agreed to pay brokerage

of 2% i.e. an amount of Rs.80,000/- (Rs. Eighty Thousand Only) on total

consideration pay to the accused no.2 Mr. Jivraj Desai. At that time, the

complainant paid an amount of Rs. 50,000/- (Rs. Fifty Thousand Only) as a

token amount by way of cash to the accused no.1 Mr. Mohd. Suleman

Kasim Shaikh at complainant residence in the presence of accused no.2 Mr.

Jivraj Desai & complainants friend Sehubert Parera.

5. Thereafter, the complainant paid an amount of Rs. 15,00,000/- (Rs.

Fifteen Lakh Only) as Rs. 2,00,000/- (Rs. Two Lakhs Only) by way of cash

on dated__________and Rs. 13,00,000/- (Rs. Thirteen Lakhs Only) by way

of Bank transfer dated_______from her Bank A/c.

____________________hereto annex the copy of the Bank Pass Book

herewith Ext. “A”.

6. On dated 27/10/2017, Transfer Deed was register vide Document Sr. No.

322/2017 before Sub-Registrar Mumbai 2 in the presence of accused no.2

Mr. Jivraj Desai & Mr. Sehubert Parera which was sign by accused no. 1 and

complainant. Hereto annexed said Registered Transfer Deed and marked as

Exhibit “B” & all the procedure of Registration was done by accused no.3

Mr. Omkar Dhagawakar and the complainant paid carged of Rs, 30,000/-

(Rs. Thirty Thousand Only) and also paid stamp duty with Registration

charges of Rs. 02,40,000/- (Rs. Two Lakh Forty Thousand Only) and to get

it registered the said document.

3
7. Thereafter, the complainant furnish the documents with DHFL to avail

the loan on the said room premises & the DHFL Finance sanction the Loan

to the complainant of Rs. 29,00,000/- (Rs. Twenty Nine Lakh only) & copy

of the said loan sanctioned letter is annex herewith Ext. “C”.

8. That the complainant agreed to pay the remaining balance amount of Rs.

25,00,000/- (Rs. Twenty Five Lakh Only) as early as possible which

complainant file Home loan application before DHFL & the said loan was

sanctioned by Bank and three months EMI also deducted by DHFL Bank

from the complainant account. Hereto annexed said Pass Book Entry and

marked as Exhibit “ D ”.

9. That the said Bank was not disbursed the loan amount to the complainant

due to reason transfer procedure of MHADA & the said fact Complainant

was discuss with accused 1, 2 but they did not give any response and

satisfactory explanation & avoiding to the complainant & also not pickup the

phone calls of complainant & they told to the complainant to get it transfer

the said room on your own risk & cost. Thereafter complainant given an

amount of Rs. 70,000/- (Rs. Seventy Thousand Only) for transferred of

MHADA procedure to one agent namely accused no.3 Mr. Omkar

Dhagawakar & accused no.3 introduce by accused no. 4 Mr. Mahavir Gupte

by saying that, he is MHADA officer. The accused no. 3 & 4 took Rs.

70,000/- (Rs. Seventy Thousand Only) from complainant in cash to transfer

the said room premises from MHADA to complainant’s name in front of Mr.

Sehubert Parera but accused no. 3 & 4 do not complete the procedure of

transfer & grab complainants money of Rs. 70,000/- (Rs. Seventy Thousand

Only).

4
10. That the complainant is in need of residential accommodation, therefore

she ask for the handover the possession of said room premises to accused

no.1 & 2 but same was refuse by all accused persons and accused no. 1

demanded the balance amount from complainant by saying that, “ aap pura

paisa de do, tabhi hum apako possession denge hamare upar bharosa

karo.”

11. That the complainant was told the same thing to accused no. 3 and 4, but

they also ignore & avoid to her to get it transfer the MHADA procedure. All

above said accused assure to complainant that, procedure will take time, you

make remaining balance payment till we will not sold the said room

premises Room No. 203, 2nd Floor, Ashtgandha CHS, Mhatar Pakhadi Road,

Mazgaon, Mumbai 400010 to any other person and complainant believe on

their words & promise they prolong the possession intentionally &

deliberately & avoiding to the complainants phone calls .

12. That after some time complainant came to know that, said Room No.

203, 2nd Floor, Ashtgandha CHS, Mhatar Pakhadi Road, Mazgaon, Mumbai

400010 was sold to one 1) MR. SURESH KANTILAL RATHOD and also

2) MR. DIPAK CHINUBHAI SAILOR by accused no. 1, 2 , 3, 4, 5 without

informed to complainant or without any intimation. When complainant ask

about this transaction to accused no.1,2 &3, accused no. 1 replied to her that,

“tuze jo karana hai kar le, main room aur paisa tuze nahi doonga.”

Then complainant realize that, she get cheated from accused. Hereto

annexed said Registered Sale Deeds and marked as Exhibit “ E & F”

respectively.

5
13. That Complainant say that after being aggrieved by the act of accused

the Complainant approach to the Senior Inspector of Police, Byculla Police

Station. The offence committed by the accused no.1,2 , 3,4,5 is serious in

nature which is Cognizable and Non Bailable still the Police was not

registered the FIR or NC. They only call to complainant for enquiry but no

action has been taken by the Police. Hereto annexed said Complainant letter

dated 06/8/2018and marked as Exhibit “G”.

13. That complainant say that, she come to know that, she was

intentionally cheated by making & preparing forge, false, frivolous &

fraudulent documents by making conspiracy by all accused no. 1 to 5, this

act of accused shows malafide, dishonesty and fraudulent intention to cheat

the complainant and criminal breach of trust and induce the property

therefore, the accused has committed the offence U/s. 406, 420, of IPC.

The accused commits the criminal breach of trust in respect of the property

of the complainant which amount to offence under section 406 of IPC and

cheating it comes under sec.420 of IPC. Making false, forge documents it’s

come under section 463, 464, 465,468,469 of IPC which all the offences are

serious in nature and cognizable.

14. That the complainant say that, as act of accused is illegal, complainant

further say that as there is no other alternative remaining for seeking justice

and therefore complainant is filing this complaint before this Hon’ble Court

for seeking justice.

15. Complainant say that the Mazgaon, Byculla, Mumbai 400010 comes

within the jurisdiction of this Hon’ble Court and the cause of action and

6
place of incidence is arsoe under the Jurisdiction of this Hon’ble Court and

thus falls under the Jurisdiction of this Hon’ble Court has jurisdiction to

entertain and try the present compliant.

16. The complainant most respectfully submits that the present complaint

is being preferred as expeditiously as possible and the same is well within

limitation and does not suffer from delay and latches and that has no bar of

limitation.

It is therefore prayed:

a. This Hon’ble Court be pleased to direct investigation agency to

registered the offence and accused may be dealt accordance with the law.

b) This Hon’ble Court be pleased to issued process for offence u/s. 406,

420, 463, 464, 465,468,469 of IPC u/s 153(3) of CR. P.C.

b. Such other and further relief may be passed as this Hon’ble court

deem fit and proper.

MUMBAI )

Dated this ____day of January, 2019 )

Advocate for the Complainant Complainant

IN THE COURT OF LD. ADDITIONAL /CHIEF METROPOLITAN

MAGISTRATE 25TH COURT AT MAZGAON/SEWREE MUMBAI

7
 C.C. NO. OF 2019

MISS. JEANETTE FERNANDES ... Complainant

Versus

MR. MOHD. SULEMAN KASIM SHAIKH & others ... Accused

LIST OF WITNESSES:-
 Complainant
 Bank manager/ representatives of the complainant’s bank
 Bank manager/ representatives of the accused bank.
 Trupti Anand Jadhav
 Malan Kasam Qureshi
 Joram Kasam Qureshi
 Postal officer
 Any other with the prior permission of this Hon’ble court, if
required
LIST OF DOCUMENTS:-
 Dishonored Cheque
 Dishonored bank memo
 Agreement __/__/201__
 Statutory demand Notice 22/02/2018
 Postal receipt
 Returned Notice Envelop with remark “UNCLAIMED”.
 Copy of Notice Acknowledge by accused on --/--/----
 Any other if required with the prior permission of this Hon’ble
court.
Place:-Navi Mumbai

Date:- __/___/2018

Advocate for the complainant

Complainant

8
 IN THE COURT OF METROPOLITAN MAGISTRATE
70TH COURT AT MAZGAON (SEWREE) MUMBAI
MISC. CASE NO. OF 2018
IN
CASE NO. 508/SS/2017

Mr. SIRAZ IBRAHIM KAZI

aged 54 yrs , Occ. Service,
residing at Room No.202,
Ahmed Manur Co. Op. Hsg. Soc. Ltd.,
B-Wing, C.S. No. 48,
Dholkar Lane, Delima Street,
Dockyard Road, Mazgaon,
Mumbai – 400 010, .... Complainant
V/s.

MR. WASIM HUSSAIN KAZI,

R/o. Bagh Kazi Mohall,
Tal. Rajapur, Dist. Ratnagiri,

9
Maharashtra. … Accused

I NDEX

Sr.no. Particulars pages

1. Complaint

2. Cheque
3. Memo

4. Agreement __/__/201__

5. Legal Notice dated 22 /02/2018

6. Postal receipt

8. Returned Enveloped with remark

“____________”.

9. Vakalatnama

Place:- Navi Mumbai

Date:-

COMPLAINANT

10
 IN THE COURT OF METROPOLITAN MAGISTRATE
70TH COURT AT MAZGAON (SEWREE) MUMBAI
MISC. CASE NO. OF 2018
IN
CASE NO. 508/SS/2017

Mr. SIRAZ IBRAHIM KAZI

aged 54 yrs , Occ. Service,
residing at Room No.202,
Ahmed Manur Co. Op. Hsg. Soc. Ltd.,
B-Wing, C.S. No. 48,
Dholkar Lane, Delima Street,
Dockyard Road, Mazgaon,
Mumbai – 400 010, .... Complainant
V/s.

MR. WASIM HUSSAIN KAZI,

R/o. Bagh Kazi Mohall,

11
Tal. Rajapur, Dist. Ratnagiri,
Maharashtra. … Accused

VERIFICATION

I Mr. SIRAZ IBRAHIM KAZI , the Complainant, an adult, residing

_________________________________________do hereby verify that the
contents of the affidavit herein are true to my Personal knowledge and
belief & that I have not suppressed any material facts.

Solemnly affirmed at Navi Mumbai )

On this day of June 2018 )

Complainant

Advocate for the Complainan

IN THE COURT OF METROPOLITAN MAGISTRATE

70TH COURT AT MAZGAON (SEWREE) MUMBAI
MISC. CASE NO. OF 2018
IN
CASE NO. 508/SS/2017

Mr. SIRAZ IBRAHIM KAZI

aged 54 yrs , Occ. Service,
residing at Room No.202,
Ahmed Manur Co. Op. Hsg. Soc. Ltd.,
B-Wing, C.S. No. 48,
Dholkar Lane, Delima Street,
Dockyard Road, Mazgaon,
Mumbai – 400 010, .... Complainant
V/s.

MR. WASIM HUSSAIN KAZI,

12
R/o. Bagh Kazi Mohall,
Tal. Rajapur, Dist. Ratnagiri,
Maharashtra. … Accused
AFFIDAVIT

MAY IT PLEASE YOUR HONOUR

I the complainant MR.SANJAY KUMAR JAIN, residing at

_________________________________________do hereby state as under:-
1. I state that, I owned jewellery shop at shop no. 01, Vijendra chambers,
Plot No.715/716/717, Shivaji Chowk, Below Ashirvad Hospital,
Sec.01, Nerul, Navi Mumbai -400 706 and doing business in the said
locality and having good relation with people being as businessmen
therefore the accused as my customer is familiar to me.
2. I state that, Accused approach and requested to me for urgent need of
finance due to financial difficulty, for which I ready to help accused
financially. Aforesaid that Complainant gave Rs. 2,00,000/- (Rs. Two Lakh
Only) to the accused & at that time agreement dated 15/9/2017 executed by complainant
and accused and signed along with two witnesses namely 1) Mr. Bhavesh Kailash
Chandra Soni 2) Mr. Dilip Kumar Singh and accused promised to repaid the said amount
of Rs. 2,00,000/- (Rs. Two Lakh Only) within 3 months from executing said agreement
i.e.15/12/2017. The said Agreement marked as Exhibit A.
3. I state that, at the time executing Agreement, in due discharge of his
legal liabilities accused issued one cross cheque in favor of me
Cheque No.428579 of Rs.50,000/- (Rs. Fifty Thousand only) dated
01/8/2016 drawn on ICICI BANK LTD, Sec.23, Nerul Branch,
Navi Mumbai 400706 which was signed by accused & I am
deposited the said cheque in my bank on 01/7/2016 and same was
bounce and returned with memo reason “Funds Insufficient” which
was collected by me.
4. I state that, after that accused again give promised with one cross
Cheque No.434523 of Rs.50,000/- (Rs. Fifty Thousand only) dated
25/4/2017 drawn on ICICI BANK LTD, Sec.23, Nerul Branch,
Navi Mumbai 400706 for discharging his liability and ensure to me
that within some period he arrange the check amount & repaid to me.
The said Cheque Produced & marked as Exhibit B.
5. I state that, I am deposited the said Cheque No. 434523 in my bank
on 29/4/2017 Abhyudaya Co. Op. Bank, Nerul Branch, Navi
Mumbai & same has been returned as per memo dated 01/5/2017 due
to the reason “ Funds Insufficient” which was collected by me on
03/5/2017. The said Memo Produced & marked as Exhibit C.

13
6. I state that, I am through my Advocate issued a legal notice dated
08/5/2017 upon accused as contemplated u/s. 138 N.I. ACT, by
Registered A.D. The said Legal Demand Notice Produced & marked
as Exhibit C.
7. I state that, the said Notice was posted on 08/5/2017. The said notice
was returned with remark “address not proper” and returned back on
15/5/2017 which was received by me on 18/5/2017 and I am find out
the address of the accused which was given above & again personally
serve to him on 19/5/2017 which was acknowledge by the accused on
19/5/2017. However the accused person neither complied with the
said notice nor replied to the same. The said Postal Receipt, returned
envelop & copy of acknowledge by accused collectively Produced
& marked as Colly Exhibit D.
8. I state that, the above said cheque was deposited in my bank i.e.
Abhudaya Co. Op. Bank, Nerul, Navi Mumbai. Therefore, this
Hon’ble court has jurisdiction to try this offence.
9. I pray to this Hon’ble court, process may be issued against the above
accused and after recording my evidence I may be dealt with
according to the provision of law.
10.I state that, I have affixed court fee stamp of Rs.1000/- along with this
complaint.
11.I state that, the case is not barred by law of limitation and this
complaint is filed in time. I am enclosing the list of witness and Xerox
copies of the document of which I want to rely upon and may be
permitted to adduced additional witness if necessary.

It is therefore humbly prayed that the deterrent process may be

issued against the accused and he may be dealt with according to
law. Any other relief may kindly be granted in the favour of me
u/s. 357 of Cri P.C.

And for this act of kindness, the I shall ever pray.

14
 A.P. Gaykar/C.S. Kamble
(Advocate) Complainant

IN THE COURT OF METROPOLITAN MAGISTRATE

70TH COURT AT MAZGAON (SEWREE) MUMBAI
MISC. CASE NO. OF 2018
IN
CASE NO. 508/SS/2017

ADRESS MEMO

Mr. SIRAZ IBRAHIM KAZI

aged 54 yrs , Occ. Service,
residing at Room No.202,
Ahmed Manur Co. Op. Hsg. Soc. Ltd.,
B-Wing, C.S. No. 48,
Dholkar Lane, Delima Street,
Dockyard Road, Mazgaon,
Mumbai – 400 010, .... Complainant
V/s.

MR. WASIM HUSSAIN KAZI,

R/o. Bagh Kazi Mohall,
Tal. Rajapur, Dist. Ratnagiri,

15
Maharashtra. … Accused

IN THE COURT OF METROPOLITAN MAGISTRATE

70TH COURT AT MAZGAON (SEWREE) MUMBAI
MISC. CASE NO. OF 2018
IN
CASE NO. 508/SS/2017

Mr. SIRAZ IBRAHIM KAZI

aged 54 yrs , Occ. Service,
residing at Room No.202,
Ahmed Manur Co. Op. Hsg. Soc. Ltd.,
B-Wing, C.S. No. 48,
Dholkar Lane, Delima Street,
Dockyard Road, Mazgaon,
Mumbai – 400 010, .... Complainant
V/s.

MR. WASIM HUSSAIN KAZI,

R/o. Bagh Kazi Mohall,
Tal. Rajapur, Dist. Ratnagiri,
Maharashtra. … Accused
ROZNAMA

16
 IN THE COURT OF METROPOLITAN MAGISTRATE
70TH COURT AT MAZGAON (SEWREE) MUMBAI
MISC. CASE NO. OF 2018
IN
CASE NO. 508/SS/2017

Mr. SIRAZ IBRAHIM KAZI

aged 54 yrs , Occ. Service,
residing at Room No.202,
Ahmed Manur Co. Op. Hsg. Soc. Ltd.,
B-Wing, C.S. No. 48,
Dholkar Lane, Delima Street,
Dockyard Road, Mazgaon,
Mumbai – 400 010, .... Complainant
V/s.

MR. WASIM HUSSAIN KAZI,

R/o. Bagh Kazi Mohall,
Tal. Rajapur, Dist. Ratnagiri,
Maharashtra. … Accused

LIST OF DOCUMENTS:-
 Complaint
 Agreement 7/01/2016
 Dishonored Cheque
 Dishonored bank memo
 Legal demand Notice 08/5/2017

17
  Postal receipt
 Returned Notice Envelop with remark “Address not Proper”
 Any other if required with the prior permission of this Hon’ble
court.

Navi Mumbai

Date __/___/2017

Advocate for the complainant Complainant

18