IN THE COURT OF THE HON’BLE IX METROPOLITAN

MAGISTRATE, MANORANJAN COMPLEX, AT ::

HYDERABAD
STC NI NO. of 2024
BETWEEEN:
ABC XYZ____________
…Complainant.
AND
MR. XYZ ABC____________ …Accused.

SWORN AFFIDAVIT FILED BY THE COMPLAINANT

I, ABC ____________, do hereby solemnly affirm and sincerely state

on oath as follows:-

1. I submit that, I am the deponent herein and complainant in

above case as such I am well acquainted with the facts deposed
hereunder.

2. I submit that when I was looking for bank loan as myself was
defaulted and became NP and the said the accused have
contacted me in the month of January 2020 and stated that the
accused is well versed in providing loans from any bank in and
around Hyderabad to whom the accused had demanded an
amount of Rs. 25,00,000/- towards service charges and other
commission on the loan amount that the accused is going to
sanction Rs. 4.5 crores and out of which I have paid the accused
an amount of Rs. 25,00,000/- through cheque from my bank
account on dated 23.01.2020 by way of Cheque for an amount
of Rs. 12 Lakhs and on 22.02.2020 by way of Cheque for an
amount of Rs. 13 Lakhs through Union Bank of India, Abids
Branch, Hyderabad.
3. I submit that after receiving the amounts from me the accused
had collected entire documents i.e., KYC documents, Property
Documents, Business Documents, ITRs, and other important
documents, property photos, of my documents, bank
statements, photographs, from me and the said documents are
with the accused and stated that the accused will process the
same and stated to release commission amount after the
sanction of the loan amount and made believed in the accused
and gave assurances to me as trust worthy, myself had
accepted the above said amount.

4. I submit that I had waited for long time but there was not even
a single step moved forwarded not sanctioned any loan amount
and I had made several occasions and requested for sanction of
loan amount but the accused neither rendered his services
since the accused had failed in sanctioning the loan amount to
me.

5. I submit that the accused neither sanctioned any loan amount

nor provided any service to me and in turn extorted an amount
of Rs. 25 Lakhs from me and cheated me with criminal
intimidation and made me loss.

6. I submit that I had requested to return the above said

documents which the accused took from me at the time of
sanctioning home loan as the said the accused may misuse my
documents and even can fabricated and can raise any other 3 rd
party loans as myself is checking in his CIBIL portal reflecting
that there was several enquiries were being made and 70-100
points of CIBIL SCORE has been reduced as it is only the above
said the accused can do as the entire documents are lying in the
 accused custody and myself is in doubt of misusing the same
and even threatening me with dire consequences do whatever
the accused want he won’t pay any single amount and nor even
return the amounts as soon as possible so that the accused is in
the field of banking can manipulate several things and can even
raised loan on my name.

7. I submit that I was trying to get my amounts and the

documents which were given to the accused and in turn the
accused is not paying any amounts and trying to escape from
me by not repaying the amounts and even not processing my
loan Process and I got cheated by the accused and in turn I was
mental pressurized, and due to the accused acts and now
myself went into depression and was in suicidal tendency and
what happens at what time as it is unpredictable due to the
accused acts to render justice.

8. I submit that the accused have requested me for further time

though the time has been elapsed but the accused is not paying
the amount and in turn not responding to my calls, messages,
etc.,

9. I submit that after several requests and telephonic call the

accused have issued two (2) Cheques vide 1) bearing No.
000199 dated 04.06.2024 for a sum of Rs.12,00,000/-
drawn on HDFC Bank, AHMEDABAD BRANCH, GUJARATH,
& 2) bearing No. 000205 dated 04.06.2024 for a sum of
Rs.13,00,000/- drawn on HDFC Bank, AHMEDABAD
BRANCH, GUJARATH, totaling to Rs.25,00,000/- and in
discharge of amount which is legally enforceable debt/liability
 and towards repayment of Loan Process which the accused
took from me.

10. I submit that as per the accused instructions I had presented

the said Cheque 1) bearing No. 000199 dated 04.06.2024
for a sum of Rs.12,00,000/- drawn on HDFC Bank,
AHMEDABAD BRANCH, GUJARATH, & 2) bearing No.
000205 dated 04.06.2024 for a sum of Rs.13,00,000/-
drawn on HDFC Bank, AHMEDABAD BRANCH, GUJARATH in
my banker i.e., Union Bank of India, Abids Branch,
Hyderabad, Telangana State for collection but the said
cheques were returned dishonor with an endorsement
“PAYMENT STOPPED BY DRAWER” vide cheque return
Memo dt; 05-06-2024.

11. I submit that the accused have issued the said cheques with a
malafide and dishonest intention knowing fully well that the
said cheques would get dishonor for the said reason and
cheated me from the inception. Thus the accused is liable to be
punished U/s.138 of N.I. Act and U/s.420 of I.P.C.

12. I submit that, I got issued a legal notice dated; 15-06-2024

addressed to the Accused by RPAD calling upon the Accused to
repay the amount covered under the dishonoured cheques i.e.,
Cheque 1) bearing No. 000199 dated 04.06.2024 for a sum
of Rs.12,00,000/- drawn on HDFC Bank, AHMEDABAD
BRANCH, GUJARATH, & 2) bearing No. 000205 dated
04.06.2024 for a sum of Rs.13,00,000/- drawn on HDFC
Bank, AHMEDABAD BRANCH, GUJARATH to me within 15
days from the date of receipt of this notice and said notice was
 served to the accused on 18.06.2024, inspite of receipt of notice
the Accused neither paid the amount nor replied.

13. I submit that I got issued a Corrigendum Legal Notice dated

27.06.2024 by way of RPAD to the accused as there was not
mentioned the bank name as UNION BANK OF INDIA,
ABIDS Branch, Hyderabad in respect of the cheques
mentioned in the legal notice dt 14.06.2024 and the accused is
hereby informed and requested to read the bank as UNION
BANK OF INDIA, ABIDS Branch, Hyderabad of the legal
notice and the same may be read as part and parcel of the legal
notice dt 15.06.2024 and the said Corrigendum notice was
received on 03.07.2024 but not replied nor repaid the amounts
to me.

Hence I pray, that this Hon’ble court may be pleased to

summon and punish the accused as per law.

Sworn and signed before me

On this the day of July, 2024
At Hyderabad DEPONENT

ADVOCATE/HYDERABAD
 IN THE COURT OF THE HON’BLE IX
METROPOLITAN MAGISTRATE,
MANORANJAN COMPLEX,
AT HYDERABAD

STC NI NO. of 2024

BETWEEEN:
ABC XYZ____________
…Complainant.
AND

MR. XYZ ABC____________

…Accused.

SWORN AFFIDAVIT FILED BY

THE COMPLAINANT

Filed on; -07-2024

Filed by:

M/s. VIJAY
Advocates/Hyderabad

Counsel for Complainant