Form-47

FORMAT FOR COMPLAINT

COMPLAINT BEFORE THE MAGISTRATE COURT FOR ASSET NOT SUPPLIED

IN THE COURT OF THE (JUDICIAL FIRST CLASS) MAGISTRATE

AT ______

C.C. / 20

M/s. Hinduja Leyland Finance Ltd,

No.1, Sardar Patel Road,

Guindy,

Chennai 600032

and its Corporate Office at

No.27A, Developed Industrial Estate,

Guindy,

Chennai 600 032 and

Represented by its Power of Attorney,

Shri. ______…Compainant

Vs

1.………………………..

………………………..

………………………...

2…………………………

…………………………

…………………………

3.…………………………

…………………………

…………………………

4…………………………

…………………………

…………………………Accused

Complaint filed U/s 200 Cr.p.c.

for the offences punishable U/s 120B, 406, 420, 468, 471 & 477 IPC.

1. The complainant M/s. ______represented by its ………………………. having their office at ______, and their address for service of all processes and notices is that of their counsel Mr……………………….

2. The 1st accused is Mr. ………………………. having their office at ………………………………

The 2nd accused is Mr…………………………….,having his residence at ………………….

The 3rd accused is M/s. …………………. having their office at ………………………………...

The 4th accused is Mr.……………………, the proprietor/partner of the 3rd accused

The address for service of all processes and notices on the accused 1 to 4 are the same as stated above.

The complainant begs to prefer this complaint before this Hon’ble Court to take it on file and issue process to the accused and deal with them according to law more particularly for offences u/s 120B, 420, 467 & 468, 471 & 477 A of the Indian Penal code.

  1. The complainant submits that they are a Finance Company and and having branches all over India. The core business of the company is Financing and includes providing loan facility to the customers for the purchase of automobiles and machinery's etc.,
  1. The first accused herein approached the complainant during ………….. for the purchase of vehicle/machinery viz. ………………….. from the 3rd accused under the loan transaction scheme offered by the complainant. The second accused stood as surety for the first accused and guaranteed the repayment of the loan and the due observance/compliance of the terms of the agreement by the 1st accused.
  1. Acting upon the documentary proof and representations of the accused as true and genuine the complainant extended financial assistance to the tune of Rs……………./- (Rupees …………………. only) to the accused and the loan was granted for the purchase of the equipment’s/ vehicle/ machinery by the accused/borrower after entering into a loan agreement no ______dated ______.
  1. After entering into loan agreements the complainant has issued a cheque bearing No.______dt______for Rs………………. in favour of the 3rd accused viz ………………….., as per the request of the 1st to 2nd accused for the supply of ………………..respectively. The accused 1 to 2 furnished letters dated …………….. written by the 3/4th accused to the first accused for having supplied the vehicle/machinery to the first accused on …………...
  1. The first accused has to repay the loan in ….. monthly installments starting from ……………. The last monthly repayment falls due on …………… (schedule of repayment enclosed). The 1st accused started defaulting loan monthly repayment. In spite of the repeated follow ups and reminders and the efforts of the complainant to trace the financed asset were ended in vain and its whereabouts could not be ascertained and the first and the second accused failed and neglected to make the payments.
  1. Subsequently it came to light during the enquiry conducted by us that Mr. ……………… the fourth accused has never supplied the vehile. On further enquiry by us it came to light that the first accused has connived with the 4th accused and at the request of the first accused has issued invoice for supply of …………..for the value of Rs……………..with out actually making supply of……………to the first accused. This was done jointly by the accused 1 to 4 with the sole intention of cheating the Complainant resulting in wrong full loss to the Complainant and wrong full gain to themselves.
  1. The complainant further submits that there was a calculated criminal conspiracy between the accused 1 to 4 to cheat the complainant by fabricating documents which they knew to be false and thereby the accused had caused wrongful gain to themselves and wrong full loss to the complainant. But for this fraud played by the accused upon the complainant, the complainant would not have extended the finance facility and parted away the money of Rs…………/- and would not have entered into this loan transaction, thereby suffering losses in all amounting to Rs.______on this transaction
  1. By the act of the accused, the very purpose of loan has been defeated, besides the huge loss suffered by the complainant and severe damage has been caused to the image of the complainant with the Income Tax Department.
  1. The intention to defraud and cheat is prevalent from the inception and the same is deducible from
  1. Their approach to the complainant
  2. False representations
  3. Preparation of false and fabricated invoices
  4. Submission of the false documents
  5. Subsequent statement at the time of enquiry by the Income Tax Department by the 4th accused that the invoice was dubious.

Hence, the complainant prays that this Hon’ble Court may be pleased to issue process to the accused, after taking the complaint on file for an offence under Secs.120B, 406, 420, 468, 471, 477 A., summons etc to the accused, and deal with them according to law and render justice.

Dated at ______, this the day of …………….

Complainant