Theft my cheques and filled case against me with forged signature
pawan tyagi
(Querist) 29 October 2014
This query is : Resolved
Hi,sir
i'm sending my full complaint to you which i send every wear but no body taken action on my complaint please give me best solution .
Sub: Complaint against :-Kapil Bakshi , s/o late shri Ashok Kumar Bakshi Resident of W/Z -136 First Floor ,Street No :10 Ram Nagar ,Tilak Nagar delhi office address of Kapil 34A ,3rd floor , lajpatnagar mobile no :-9999984234 office no 01141722400 and Anad Gahlot S/O Mr. Raja Ram Gahlot , Shiv Shakti Apartment 2D shivom sec 10 plot 10 Dwarka New Delhi 11007 Mobile no 9811216728 for the offences of cheating, forgery, misappropriation of property, criminal breach of trust, theft and Criminal Conspiracy amongst others.
Respected Sir,
• The undersigned Complainant being aggrieved and harassed by the accused has approached your kind office for the registration of an FIR against Mr. Kapil Bakshi ( herein after referred to as the Accused No.1) and Mr. Anand Ghalote ( herein after referred to as Accused No.2) for the offences of cheating, Criminal Misappropriation of property, theft, Criminal breach of trust amongst others.
• The Brief facts necessitating the present Complaint are as follows:
• That the Complainant is a young man who is an editor by profession and is into production of serials as well, the Complainant has no criminal antecedents and is a peace loving citizen of the country.
• That the accused no.1 is the brother of the deceased friend of the Complainant . That the Complainant was introduced to the accused by his deceased friend. That the after the death of the brother of the accused no.1, the accused no.1 started seeking help of the complainant on some pretext or the other. That the Complainant is a notorious person from the staring and there are various Criminal and Civil litigations pending against the accused, which the Complainant was not aware of.
• That after the death of his friend the complainant i.e. the brother of the accused no.1 out of sympathy and kindness, and without being aware of the criminal antecedents of the accused no.1, the Complainant had been bonafidely extending help to the accused both emotionally and financially. That the Accused No.1 had time and again approached the complainant seeking financial help and the complainant being genuinely concerned about the Accused No.1 had been helping the accused with the same. Till date the Complainant has given a sum of Rs. ..................- approx . to the accused no.1.
• That in the year 2006 the Accused No.1 incited and allured the Complainant with an ulterior motive and in furtherance of his scheme to exploit the Complainant incited him to come and reside with him and the Complainant being unaware of the ulterior motives of the Accused No.1 went to reside with him.
• That thereafter in the same year the Complainant being a editor and having expertise in the field planned to try his luck in the field of production as well and therefore thought of opening a production house. That the accused No.1 being aware of this fact and having knowledge of the state of the Complainant that he was in the scarcity of funds malafidely and dubiously with ulterior motives, allured and enticed the Complainant to make him a partner in the said production house on the false pretext that he will contribute equally towards the capital also. The Complainant bonafidely relying upon the accused No.1 as he is the younger brother of the deceased friend of the Complainant , due to which the Complainant had utmost trust and faith on him and under this faith and relying on the accused’s promise to contribute equally to the funds the Complainant bonafidely entered into a partnership with the accused No.1.
• Thereafter the terms of the partnership were also mutually decided amongst the accused No.1 and the Complainant whereby it was decided that they will contribute equal capital in the said partnership and will be sharing profit and losses on an equal basis.
• After the formation of the partnership the Complainant in order to carry on the work of the production house in year 2007 the Complainant approached Parsar Bharti for the approval of a programme named “Jhankaar” ( herein after referred to as the said serial) under the company Cine Media Combines .
• That after a great deal of hard work and efforts on part of the Complainant the Pilot Episode of the Complainant got approved and the Complainant started working on the same and got busy with the preparation of the same .
• In the meanwhile the Complainant keeping in mind the terms of the partnership, whereby it was mutually decided that the Complainant and the accused No.1will equally contribute to the funds, bonafidely and in order to carry on the production work of the said serial, approached the Accused No.1 for advancing equal money towards the production expenses. However to the utter shock and dismay of the Complainant the accused No.1 refused to pay the same by stating that the he is not in a position to contribute anything to the said partnership and he also stated that he wants to terminate the said partnership. The Complainant agreed to this request of the Accused and understanding his financial constraint terminated the said partnership.
• That after the termination of the said partnership the Complainant was stressed and worried about the completion of the said serial as he was also not in a position to arrange for the entire funds but however with great difficulty the Complainant arranged for the entire money and just concentrated in competing the said serial.
• That thereafter the Complainant single handedly looked after the work of the said serial and all the communications were done by the Complainant in the capacity of a proprietor of Cine Media Combines with Prasar Bharti , the same is evident from the documents of Communication with Prasar Bharti. Moreover the Complainant also opened a bank A/c in the name of Cine Media Combines as a proprietor and the Accused No.1 in no way was associated with the production or the making of the said serial as he had already voluntarily terminated the said partnership himself.
• That after sleepless night and a great deal of hard work , the Complainant with great deal of difficulty and the grace of god was able to complete the said serial and managed to submit the same before the deadline.
• That after the Completion and submission of the entire episodes the Complaiant bonafidely went to collect his payment from Prasar Bharti, whereby he was informed that there is technical difficulty in the release of the payment as the said serial was submitted under a partnership and the signatures of the second partner are also required. The Complainant who was already in a critical situation as he had to pay the creditors who had worked in the making of the said serial did not know what had to be done as the partnership was already terminated, but due to the urgency of the situation and with the increasing pressure of the creditors the Complainant approached the accused No.1 and appraised him about the entire situation whereby the accused No.1 agreed to sign on documents for the release of payment.
• That thereafter even after a lapse of a substantial amount of time and even after removing all technical objections, the Complainant still did not receive his cheque form Prasar Bahrti. In the meanwhile one Mr. Anand Gahlote (Herein after referred to as the Second Complainant), who is also the director of the said serial, approached the Complainant on the pretext that he has some important business to be dealt with. The Complainant went to meet him whereby he was shocked to learn that the Mr. Annad Ghalote in connivance with the Accused has forged his signatures and got the Complainant’s Address changed in Prasar Bharti to the that of Mr. Anand Ghalote stating the same to be that of the Complainant. That the Accused No.1 in connivance and furtherance of a common object, along with Accused No.2 demanded money from the Complainant.
• That the Complainant was completely taken a back and was unable to comprehend the situation and was in a puzzled state of mind and taking advantage of the same despite of the fact that the Complainant during the course of making the said serial, being a professional editor, had edited various serials for accused no.2 , for which an amount of RS. 1,30,000/- is still outstanding, accused no.2 threatened, enticed and allured the Complainant asked the complainant to issue him blank cheques( only amount was filed in the said cheques) amounting to Rs. 6,56000/- . ( which included the bank guarantee which the accused undertook to repay himself) he further stated that he will deal will rest of the people and other payments which are to be made including that to the Accused No.2 also signed a MOU to that effect.
• That further on 05.12.09 the complainant was shocked to receive a legal notice from the accused stating that the Complainant had issued Check No. 442988 in favour of the accused in discharge of the payment of Rs. 2,50,000/- which was due for the payment received from Prasar Bharti for the said serial.
• That there after Compliant also filed a criminal Complaint against accused no.1 but however no action has been taken on that complaiant.
• That the complainant was shocked and confused after receiving the said legal notice as the partnership was terminated by the accused himself and the bank account from which the accused was talking about had been closed 3 years back. Moreover the Complainant did not have any outstanding amount to be paid to the accused.
• That the Complainant replied to the legal notice dated 05.12.2009 on 15.12.2009 whereby he clearly informed the Accused that he has no outstanding amount to be paid to him. Moreover he also clarified that the said cheque is a stolen cheque which the accused had stolen from him and the signatures on the said cheques were forged.
• That the said cheques were never issued by the Complainant to accused no.1 and said cheques were stolen the same is evident from the fact that:
• In order to get to the truth of the matter, even after being confident that the signatures on the said cheques were forged, the complainant still sent the said cheques to the Handwriting experts for thee opinion .Where it was reconfirmed that the signatures on the cheques were forged and fabricated.
• That the last cheque issued by him from his account was Cheque no 442991 Issued on 12th June 2007 and Cheque No. 442992 issued on 12th June 2007 whereas the said cheques in question which the accused is alleging to be issued to him are Cheque No. 442988 and 442988 issued on 18.11.09 and 20.11.09 respectively. That if at all the cheques which the Complainant allegedly issued to the Accused No.1 were issued they should have been the last cheques in the cheque book . However cheques of later no.s are issued to other people from the same bank account much prior in time before the issue of the alleged cheques. That it is highly improbable and unbelievable that the Complainant in order to deceive the Accused No.1 would have issued cheques in a random fashion in 2007. Hence the said cheques were stolen and never issued to the Accused No.1.
• That there is clear overwriting on the said cheques.
• That despite of receiving a reply to the same the Accused dubiously, malafidely and with the sole motive of harassing and annoying the Complainant filed the said suit u/s 138 of the Negotiable Instruments act. That the said suit is still pending in the court.
• That keeping in view the aforesaid the both the accused are liable for the offences of cheating, forgery, misappropriation of property, criminal breach of trust, theft and criminal conspiracy .
• Accordingly, it is requested to immediately look into the matter and to conduct an investigation and take the necessary action against the accused person and provide justice to the Complainant.
(Pawan Tagyi)
216-D Block, 3rd Floor,
Jhilmil Colony , Shahdra,
Delhi-95
Devajyoti Barman
(Expert) 29 October 2014
What is your query and be precise in it.
V R SHROFF
(Expert) 29 October 2014
HOW R U RELATED TO KAPIL OR TOO LONG A QUERY TO READ & REPLY
Rajendra K Goyal
(Expert) 29 October 2014
What is the query. Not a proper platform for action on such complaint.
Sudhir Kumar, Advocate
(Expert) 29 October 2014
this is a charitable forum and no expert has time to read such along narrative.
Guest
(Expert) 29 October 2014
Your long complaint does not show, what type of help actually you want from the experts?
ajay sethi
(Expert) 29 October 2014
be brief and to the point . summarise your query in 2 short paras
Devajyoti Barman
(Expert) 10 November 2014
the author has no urgency to get reply as it appears now.
