1

CMM FILLING COUNTER

1. CHECK LIST: 2.POLICE STATION:
3. DISTRICT: 4.INDEX WITH PAGING
5. FILE COVER
CHECK LIST
1. Name And Address of Savoir-Faire Manufacturing
Co. Pvt. Ltd.
Complainant
registered office at Plot
No.29, Sector-3A, Integrated
Industrial Estate, BHEL, Haridwar
(Uttaranchal)
and having Corporate Office
at:-
C-195, Pushpanjali Enclave,
Pitampura, Delhi-110034
2. Name & Address of Combined Ercon Private
Limited
Accused(S)
Mapsco Paradise, Sec-83,
Gurgaon, Haryana

3. Name of Police Station Patel Nagar

4. Total Cheque Amount Rs.5,50,000/-
5. Details Regarding any No
other Cases u/s 138 NI Act
pending against same
accused (s).
(A) Name of The Courts Where No
Such Case Is Pending
(B) Complaint Case Number
(C) Next Date of Hearing
Before Such Courts
6. Any other information
(e.g. Agreement of loan
etc.) With date and other
particulars
FILED THROUGH
(MOHAN S.), ADVOCATE, D/3903-C/2010
MOHAN LAW CHAMBERS
Advocates & Corporate
Consultants(Off:8,DDA Commercial Complex,
C2C, Pkt-II, Janakpuri, New Delhi-58)

DATED:
NEW DELHI
 2

IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE,

TIS HAZARI COURTS (WEST), DELHI

CRIMINAL COMPLAINT NO. OF 20

IN THE MATTER OF:

SAVOIR-FAIRE MANUFACTURING CO.
PVT. LTD. ..COMPLAINANT
VERSUS

COMBINED ERCON PRIVATE LIMITED ...ACCUSED

PS: Patel Nagar

INDEX
Sr. Particulars Page No
No.
1. Opening Sheet A
2. Memo of Parties B
3. Criminal Complaint under Section 138 of 1-
the Negotiable Instruments Act along with
affidavit
4. List of Documents along with documents
5. List of Witness
6. VAKALATNAMA
7. Pre-summoning Evidence by way of
affidavit
FILED THROUGH

(MOHAN S.), ADVOCATE, D/3903-C/2010

MOHAN LAW CHAMBERS
Advocates & Corporate Consultants
(Off:8,DDA Commercial Complex, C2C, Pkt-II, Janakpuri,
New Delhi-58)

DATED: .12.2019
NEW DELHI

OPENING SHEET
 3

S.NO HEADS PARTICULARS

.
1. Police Station Patel Nagar
2. Name of the Savoir-Faire Manufacturing
Complainant Co. Pvt. Ltd.
Age of AR is 31 Years
Mobile no. 9625263665
3. Address of the registered office at Plot
complainant No.29, Sector-3A, Integrated
Industrial Estate, BHEL, Haridwar
(Uttaranchal) and having
Corporate Office at:-
C-195, Pushpanjali Enclave,
Pitampura, Delhi-110034
4. Name of the Accused Combined Ercon Private
Limited

5. Address of the Mapsco Paradise, Sec-83,

accused Gurgaon, Haryana
6. Amount in dispute 5,50,000/-,Ch. no.720391,
and cheque no. and dated 14.10.2019.
date
7. Reason of cheque FUNDS INSUFFICIENT
dishonour
8. Bank of the Punjab National Bank,
complainant Branch Patel Nagar, New
Delhi
9. Bank of the accused ICICI Bank, Vasant Vihar
Branch, Delhi
10. Cheque deposited on ……
11. Return memo dated 19.10.2019

12. Date of legal 11.11.2019

notice

13. Date of delivery of 15.11.2019

the notice/returned

14 Limitation expired 15 Days: 30.11.2019

on 30 Days: 30.12.2019

15. Delay in filing NO

 4

IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE,

TIS HAZARI COURTS (WEST), DELHI

CRIMINAL COMPLAINT NO. OF 2019

IN THE MATTER OF:

SAVOIR-FAIRE MANUFACTURING CO.
PVT. LTD. ..COMPLAINANT
VERSUS

COMBINED ERCON PRIVATE LIMITED ...ACCUSED

PS: Patel Nagar

MEMO OF PARTIES
SAVOIR- FAIRE MANUFACTURING CO. PV. LTD.
registered office at
Plot No.29, Sector-3A, Integrated Industrial Estate,
BHEL, Haridwar (Uttaranchal)

and having Corporate Office at:-

C-195, Pushpanjali Enclave,

Pitampura, Delhi-110034 ....COMPLAINANT

VERSUS

COMBINED ERCON PRIVATE LIMITED

Mapsco Paradise, Sec-83,
Gurgaon, Haryana ….…ACCUSED

FILED THROUGH
(MOHAN S.), ADVOCATE, D/3903-C/2010
MOHAN LAW CHAMBERS
Advocates & Corporate Consultants
(Off:8,DDA Commercial Complex, C2C, Pkt-II,
Janakpuri,New Delhi-58)

DATED:
New Delhi
 5

IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE,

TIS HAZARI COURTS (WEST), DELHI

CRIMINAL COMPLAINT NO. OF 2019

IN THE MATTER OF:

SAVOIR-FAIRE MANUFACTURING CO.
PVT. LTD. ..COMPLAINANT
VERSUS

COMBINED ERCON PRIVATE LIMITED ...ACCUSED

PS: Patel Nagar

CRIMINAL COMPLAINT UNDER SECTION 138 READWITH SECTION

142 OF THE NEGOTIABLE INSTRUMENT ACT, 1881

MOST RESPECTFULLY SHOWETH: -

1. That the Complainant is a Company registered under the

companies act, 1956 and having registered office at
Plot No.29, Sector-3A, Integrated Industrial Estate,
BHEL, Haridwar (Uttaranchal) and having Corporate
Office at:-C-195, Pushpanjali Enclave, Pitampura,
Delhi-110034, and is an authorized Manufacturer of
various PP-R Pipes and various other PP-R fitting
parts.

2. That Shri Ramit Jindal is the Authorised Representative

of the Complainant Company and is duly authorized to
sign, file and verify the present Complaint. That Shri
Ramit Jindal is also well conversant with the facts and
circumstances of the present case. That the present
complaint has been instituted, signed and verified by
Shri Ramit Jindal on behalf of the Complainant company.

3. It is submitted that the Accused deals in the pipe,

fitting, sanitary items & tiles approached our client
 6

for the supply of the aforesaid materials. It is

further submitted that the accused and the Complainant
were known to each other through long established
business association and due to long lasting
relationship the accused also enjoyed credit facility
on purchases orders. The accused purchased various
Pipes and various other fitting parts from the
Complainant.

4. That the accused stopped purchasing Pipes and various

other fitting parts from the Complainant and became
irregular in making the payment against purchase order
and it is only after various follow-ups by the
complainant that the accused issued the following
cheque for settlement:

S. Cheque No. Bank details Amount

no. and Date
1. 720391, dt. ICICI Bank, Vasant Rs 5,50,000/-
14.10.2019 Vihar Branch, Delhi
To clear the legal enforceable debt as per the running
account maintained as a full and final settlement with
the assurance that the same will be honoured after
depositing in the bank on the mentioned date.

5. That the cheque in question when presented for

clearance by the complainant with its Banker, namely
Punjab National Bank, Branch Patel Nagar, New Delhi
within the statutory period was returned unpaid
containing the remarks “FUNDS INSUFFICIENT”. The said
cheque together with returning memo dated 19.10.2019
was received by complainant from its Banker thereafter.
The complainant company was surprised to see this and
conveyed the said factum to the accused, but the
accused didn’t pay any heed.
 7

6. Since the money due and payable by the Accused to the

Complainant was not paid by the Accused, the
Complainant addressed through its counsel and
accordingly, a legal notice dated 11.11.2019 was
dispatched by speed post at the last known address of
the accused as per the records of the complainant which
was delivered on 15.11.2019.

7. It is thus evident from the conduct of the Accused that

the Accused never harbored any intention to pay the
Complainant and have dishonestly and intentionally
withheld the dues in order to achieve its otherwise
malafide and deceitful designs. The Accused did not
have sufficient amount in its account and with malafide
intentions to defeat the lawful claim of the
Complainant, the Accused had issued the said cheque
intentionally in order to cheat the Complainant. The
aforesaid cheque in question had been drawn by the
Accused on its account maintained with the banker named
above for the amount payable to the Complainant. The
cheque was issued towards the discharge of the debt and
legal liability owed by the Accused to the Complainant.
Since the cheque was returned back dishonored and
unpaid for the reasons and grounds stated above, the
Accused have in these circumstances committed an
offence as contemplated under section 138 of the
Negotiable Instrument Act, 1881, as amended from time
to time and are therefore, liable for action in that
behalf.

8. That the complainant having its account in bank

situated at Patel Nagar in Delhi and deposited cheque
in question was sent for clearing by the Complainant to
its bankers at Delhi and was dishonored at Delhi. The
Corporate office of the Complainant Company is at Delhi
and the goods were supplied from the corporate office
of the Complainant Company. The Accused were to pay the
 8

due at Complainant Company Office at Delhi. Thus the

entire cause of action for the present complaint arose
at Delhi within the territorial jurisdiction of this
Hon’ble Court, therefore, this Hon’ble Court has the
territorial jurisdiction to try and entertain the
present complaint.

9. The present complaint is correct and is within the

period of Limitation as provided in statute.

10. The Complainant is also filing alongwith the present

complaint a list of document together with the
documents and also a list of witnesses in support of
the case of the Complainant.
PRAYER

IN THE PREMISES STATED ABOVE, IT IS, THEREFORE RESPECTFULLY

PRAYED THAT THIS HON’BLE COURT MAY BE PLEASED TO:-

(a) entertain the complaint and summon the

Accused for having committed the offences
under Section 138, 142 of the Negotiable
Instrument Act, 1881 upon trying him in
accordance with law and to punish the
Accused as provided in the aforesaid
provisions of law;

(b) direct the Accused to pay double the

amount of the dishonored cheque as fine
and that be directed to be given to the
Complainant and in that behalf;
 9

(c) Pass such further order(s) or direction(s)

as this Hon’ble Court may deem fit and
proper in the facts and circumstances of
the present case.

COMPLAINANT
FILED THROUGH

(MOHAN S.), Advocate, D/3903-C/2010

MOHAN LAW CHAMBERS
Advocates & Corporate Consultants
(Off:8,DDA Commercial Complex,
C2C, Pkt-II, Janakpuri, New Delhi-58)

DATED:
NEW DELHI
 10

IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE,

TIS HAZARI COURTS (WEST), DELHI

CRIMINAL COMPLAINT NO. OF 2019

IN THE MATTER OF:

SAVOIR-FAIRE MANUFACTURING CO.
PVT. LTD. ..COMPLAINANT
VERSUS

COMBINED ERCON PRIVATE LIMITED ...ACCUSED

PS: Patel Nagar

AFFIDAVIT

I, Ramit Jindal, age 31 yrs., authorized representative

of ‘Savair Faire Manufacturing Co. Pvt. Ltd.’ , having
its registered office at Plot No.29, Sector-3A,
Integrated Industrial Estate, BHEL, Haridwar
(Uttaranchal) and having Corporate Office at:-C-195,
Pushpanjali Enclave, Pitampura, Delhi-110034, do hereby
solemnly affirm and state as under:

1. That I am the Authorized Representative of the

Complainant Company and am duly authorized to
sign, file, and verify the present complaint. I am
also well conversant with the fact and
circumstances of the present case. The present
complaint has been instituted, signed and verified
by me. As such I am competent to file this
Affidavit.

2. That no other case in regards to the cheque in

question is pending before any Hon’ble Court.

3. That it is my true and correct statement.

 11

DEPONENT

VERIFICATION

Verified at Delhi on this ____ day of December,

2019, that the contents of the above affidavit are true
to my knowledge and that nothing material has been
concealed there from.

DEPONENT
 12

IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE,

TIS HAZARI COURTS (WEST), DELHI

CRIMINAL COMPLAINT NO. OF 2019

IN THE MATTER OF:

SAVOIR-FAIRE MANUFACTURING CO.
PVT. LTD. ...COMPLAINANT
VERSUS

COMBINED ERCON PRIVATE LIMITED ...ACCUSED

PS: Patel Nagar

LIST OF DOCUMENTS

Sr.No Particulars Page No

1. Copy of incorporation certificate
2. Authorization letter in favour of Shri
Ramit Jindal
3. Original cheque’s bearing no.720391 dated
14.10.2019
4. Original Returning memo’s dated 19.10.2019
5. Legal notice dated 11.11.2019
6. Postal receipts dated 13.11.2019 along with
the delivery report
7. True Copy of the Account Statement along
with Invoices
FILED THROUGH

(MOHAN S.), ADVOCATE, D/3903-C/2010

MOHAN LAW CHAMBERS
Advocates & Corporate Consultants
(Off:8,DDA Commercial Complex, C2C, Pkt-II, Janakpuri,
New Delhi-58)

DATED:
NEW DELHI:
 13

IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE,

TIS HAZARI COURTS (WEST), DELHI

CRIMINAL COMPLAINT NO. OF 2019

IN THE MATTER OF:

SAVOIR-FAIRE MANUFACTURING CO.
PVT. LTD. ..COMPLAINANT
VERSUS

COMBINED ERCON PRIVATE LIMITED ...ACCUSED

PS: Patel Nagar

LIST OF WITNESSES FILED BY THE COMPLAINANT

Sr. No. Particulars
1. The Complainant
2. Concerned Manager / Officer from the
Bankers of the Accused and the
Complainant
3. Any other witnesses with the permission of
this Hon’ble Court.
FILED THROUGH

(MOHAN S.), ADVOCATE, D/3903-C/2010

MOHAN LAW CHAMBERS
Advocates & Corporate Consultants
(Off:8,DDA Commercial Complex, C2C, Pkt-II, Janakpuri,
New Delhi-58)

DATED:
NEW DELHI
 14

IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE,

TIS HAZARI COURTS (WEST), DELHI

CRIMINAL COMPLAINT NO. OF 2019

IN THE MATTER OF:

SAVOIR-FAIRE MANUFACTURING CO.
PVT. LTD. ..COMPLAINANT
VERSUS

COMBINED ERCON PRIVATE LIMITED ...ACCUSED

PS: Patel Nagar

PRE-SUMMONING EVIDENCE BY WAY OF AFFIDAVIT

I, Ramit Jindal, age 31 yrs., authorized representative

of ‘Savoir Faire Manufacturing Co.Pvt. Ltd.’, having
its registered office at Plot No.29, Sector-3A,
Integrated Industrial Estate, BHEL, Haridwar
(Uttaranchal) and having Corporate Office at:-C-195,
Pushpanjali Enclave, Pitampura, Delhi-110034, do hereby
solemnly affirm and declare as under:

1. I say that the Complainant is a Company,

registered under the Companies Act,1956 and having
its registered office at Plot No.29, Sector-3A,
Integrated Industrial Estate, BHEL, Haridwar
(Uttaranchal) and having Corporate Office at:-C-
195, Pushpanjali Enclave, Pitampura, Delhi-110034,
and is engaged inter-alia, in the business of
Manufacturing of various PP-R Pipes and various
other PP-R fitting parts. True Copy of
Incorporation Certificate is marked as “Mark -
A”.
 15

2. I say that I am the Authorized Representative of

the Complainant company and I am also well
conversant with the facts and circumstances of the
present Complaint. I am duly authorized to sign,
file, verify, the present complaint. Copy of the
Board Resolution in favour of Mr. Ramit Jindal is
marked as “MARK-B”.

3. I say that the Accused deals in pipe, fitting,

sanitary items & tiles. Accused approached the
complainant for the supply of the aforesaid
materials and that the accused and the Complainant
were known to each other through long established
business association thus due to long lasting
relationship the accused also enjoyed credit
facility on purchase orders. The Copy of account
Statement Along with Invoice are marked as “MARK-C

4. I say that the accused stopped purchasing Pipes

and various other fitting parts from the
Complainant and became irregular in making the
payment against purchase order and it is only
after various follow-ups by the complainant that
the accused issued the following cheque for
settlement:

S. Cheque No. and Bank details Amount

no. Date
1. 720391, dt. ICICI Bank, Rs
14.10.2019 Vasant Vihar, 5,50,000/-
Delhi Branch

to clear the legal enforceable debt as per the

running account maintained as a full and final
settlement with the assurance that the same will
 16

be honoured after depositing in the bank on the

mentioned date.
Original cheque is exhibited herewith as “Ex-
CW1/1,”.

5. I say that the cheque in question when presented

for clearance by the complainant with its Banker,
namely Punjab National Bank, Branch Patel Nagar,
New Delhi within the statutory period was returned
unpaid containing the remarks “FUNDS
INSUFFICIENT”. The said cheque together with
returning memo dated 19.10.2019 was received by
complainant. The complainant company was surprised
to see this and conveyed the said factum to the
accused, but the accused didn’t pay any heed.
Original Returning memo dated 19.10.2019 is
exhibited as EX-CW1/2.

6. I say that the money due and payable by the

Accused to the Complainant was not paid by the
Accused, the Complainant addressed through its
counsel and accordingly, a legal notice dated
11.11.2019 was dispatched by speed post at the
last known address of the accused as per the
records of the complainant which was delivered on
15.11.2019 and as such the same was served to the
accused as per the law. The legal notice dated
11.11.2019 is exhibited as Ex.CW-1/3, Speed Post
receipt are exhibited as Ex.CW-1/4,and the
computer generated track report is exhibited as
Ex.CW-1/5.

7. I say that the accused miserably failed to pay the

amount as agreed and were further evasive towards
payment of the legally enforceable dues of
Complainant. That the Accused on one pretext or
the other sought to somehow delay and postpone the
 17

payment on frivolous and flimsy grounds and the

said cheque was deliberately, intentionally and
dishonestly issued in favor of the Complainant
Company against its legally enforceable debt.

8. I say the Accused deliberately did not have

sufficient amount in its account with malafide
intention to defeat the lawful claim of the
Complainant, knowing very well that the said
cheque would be dishonored upon presentation. The
aforesaid cheque in question had been drawn by the
Accused on its account maintained with the bankers
named above for the above amount payable to the
Complainant.

9. I say that the above dishonor of the cheque was/is

in direct contravention of the promises made by
the Accused to the Complainant assuring due
encashment of the aforesaid cheque upon
presentation. That the Accused had guaranteed the
payment of the amount and further guaranteed the
encashment of the cheque in question and
therefore, are liable for the acts and omission on
the part of the Accused.

10. I say that as the accused is avoiding the payment

of the complainant company despite service as per
law. The Complainant was constrained to file the
present Complaint, which is correct, and within
limitation.

11. I say that the contents of the foregoing

paragraphs are true and correct and nothing
material has been concealed there from and I close
my pre-summoning evidence.
 18

DEPONENT

VERIFICATION
Verified at Delhi on this _____ day of December, 2019,
that the contents of the above affidavit are true to my
knowledge and that nothing material has been concealed
there from.

DEPONENT