IN THE HON’BLE COURT OF CHIEF METROPOLITAN

MAGISTRATE, DISTRICT NORTH WEST, ROHINI COURTS,

DELHI
C.C. NO. /2018

IN THE MATTER OF:

ALLOYSMIN INDUSTRIES … COMPLAINANT
VERSUS
OCL IRON AND STEEL LIMITED & ORS. … ACCUSEDS
PS:
INDEX
S. NO. PARTICULARS PAGE
1. MEMO OF PARTIES
2. COMPLAINT UNDER SECTION 138/142
NEGOTIABLE INSTRUMENTS ACT 1881
ALONGWITH AFFIDAVIT IN SUPPORT
3. LIST OF WITNESSES
4. PRE-SUMMONING EVIDENCE ON BEHALF
OF CW1 BY WAY OF AFFIDAVIT
5. LIST OF DOCUMENTS ALONG WITH
DOCUMENTS
6. VAKALATNAMA

DELHI COMPLAINANT
DATE: .11.2017
THROUGH

13, LGF, ARIHANT NAGAR,

PUNJABI BAGH (W), NEW DELHI
TEL: 011-2522 7999, 4507 2999
EMAIL: areness@arenesslaw.com
UNDERTAKING:
The complainant undertakes to deposit further
Court fees as and when directed by this Hon’ble Court.

COMPLAINANT
 IN THE HON’BLE COURT OF CHIEF METROPOLITAN
MAGISTRATE, DISTRICT NORTH WEST, ROHINI COURTS,
DELHI
C.C. NO. /2018

IN THE MATTER OF:

ALLOYSMIN INDUSTRIES … COMPLAINANT
VERSUS
OCL IRON AND STEEL LIMITED & ORS. … ACCUSEDS
PS:
MEMO OF PARTIES
1. ALLOYSMIN INDUSTRIES
(THROUGH ITS PROPRIETOR)
OFFICE AT: KD-205, PITAMPURA
NEW DELHI 110088 … COMPLAINANT

VERSUS

1. OCL IRON AND STEEL LIMITED

(THROUGH ITS MANAGING DIRECTOR)

2. SANJAY TIKU
(DIRECTOR, OCL IRON AND STEEL LIMITED)
R/O: D-5/80, SECTOR 15,
ROHINI, DELHI – 110085

3. VINOD KUMAR UPPAL

(DIRECTOR, OCL IRON AND STEEL LIMITED)
R/O: H. NO. 576, SECTOR 4,
GURGAON – 12201, HARYANA

4. BIRJENDRAJEE
(DIRECTOR, OCL IRON AND STEEL LIMITED)
R/O: O-16, CIVIL TOWNSHIP,
ROURKELA – 769004, ORISSA

5. RAJ KUMAR RALHAN

(CFO (KMP), OCL IRON AND STEEL LIMITED) … ACCUSED

ALL ACCUSED AT RESGITERED OFFICE:

VILLAGE LAMLOI, P.O. GARVANA
RAJGANDPUR, ORISSA – 770017
ALL ACCUSED ALSO AT:
S-256, INDUSTRIAL AREA,
KAHARNI, BHIWADI, RAJASTHAN

DELHI COMPLAINANT
DATED: .01.2018 THROUGH

13, LGF, ARIHANT NAGAR,

PUNJABI BAGH (W), NEW DELHI
TEL: 011-2522 7999, 4507 2999
EMAIL: areness@arenesslaw.com
 IN THE HON’BLE COURT OF CHIEF METROPOLITAN
MAGISTRATE, DISTRICT NORTH WEST, ROHINI COURTS,
DELHI
C.C. NO. /2018

IN THE MATTER OF:

ALLOYSMIN INDUSTRIES … COMPLAINANT
VERSUS
OCL IRON AND STEEL LIMITED & ORS. … ACCUSEDS
PS:
COMPLAINT UNDER SECTION 190 OF THE CRIMINAL
PROCEDURE CODE, 1973 FOR TAKING COGNIZANCE OF THE
OFFENSE COMMITTED UNDER SECTIONS 138, 141 OF THE
NEGOTIABLE INSTRUMENTS ACT, 1881.

MOST RESPECTFULLY SHOWETH:

1. That the complainant is a proprietorship firm and is engaged in the

business of providing basic inputs for foundry and metallurgical industries.
The present Complaint has been filed by Abhishek Jajodia, Special Power
of Attorney of Sh. Ashok Kumar Sharma.

2. That the accused no.1 is a listed public company registered under the
Companies Act, 1956 with the Registrar of Companies – Cuttack vide CIN
L27102OR2006PLC008594.

3. That the accused no. 2, 3 and 4 are the directors and accused no. 5 is the
Chief Financial Officer of the accused no.1 company.

4. That the accused no. 2 to 5 are responsible for management of day to day
affairs the accused no.1 and accused no. 2 – 4 have been involved in the
business with the complainant in different capacities directly or/and
indirectly and are well aware of the facts and circumstances leading to
filing of present complainant case. That the accused no. 5 is responsible for
financial planning, record keeping and managing funds in accounts.

5. That the accused persons assured to complainant at the onset of the

business relationship, that the accused persons shall clear all dues and
 demands asked by the complainant as and when due and there will be no
default at any time in the payments. The accused persons further requested
the complainant to start providing its goods to the accused persons on
credit.

6. The complainant duly provided its quotation of charges which was duly
approved by the accused persons and believing the assurances of the
accused persons, the complainant started providing services to them.

7. The accused persons have also acknowledged receipt of all goods provided
by the complainant to them, the accused persons and has accepted the
prices charged by the complainant.

8. That the accused persons in the month of December 2017 in partial

discharge of their legal liability towards Complainant Company issued one
cheque bearing no. ‘145228’ dated 03.12.2017 drawn on Axis Bank, B/o
Bhiwadi, Rajasthan for a sum of Rs. 15,15,000/-(Rupees Fifteen Lakh
Fifteen Thousand Only) and assured the complainant that the said cheques
shall be encashed on presentation.

9. That as per assurances given by the accused persons, the aforesaid cheque
was presented by complainant to its banker Yes Bank, B/o Pitampura on
05.12.2017.

10. The complainant was shocked to see the aforesaid cheque return unpaid
when he received the cheque returning memo dated 06.12.2017 with
remarks “PAYMENT STOPPED BY DRAWER” on 08.12.2017.

11. That from the date of the receipt of the dishonoured cheque till date, the
complainant has made numerous calls to the accused persons; however, till
date the payment has not been cleared by the accused persons despite
seekig several opportunities and requesting more time to clear the dues.

12. That on receipt of the cheque return memo, the complainant issued a legal
notice dated 05.01.2018 through his counsel through speed post and
courier and the legal notice was delivered to the accused persons through
courier as well as Speed Post. That the legal notice was served upon the
 accused persons through Courier on 17.10.2017 and the accused
person refused to accept the legal notice through speed post.

13. That however, despite service of legal notices the accused persons never
even bothered to reply to the said legal notices or pay the cheque amount
to the complainant.

14. That from the conduct of the accused persons it is clear that they have
dishonest and malafide intentions and that the accused persons had allured
the complainant to give effect to their allured designs.

15. That it is surprising that a company as accused no. 1 which is a listed

public limited company and its management, i.e., the accused no 2-5 is in
such dire state that the cheques issued by them are being dishonoured and
is failing its commitments and assurances to its creditors and the conduct
of the accused persons speaks volumes about intentions of accused no. 2-5.

16. That the accused persons have considerably failed to comply with
provisions of the law and have also failed to discharge their liability from
your account. Thus, the accused persons have issued a cheque which is bad
for value and thereafter have got the same dishonoured, intentionally and
willfully.

17. That the accused persons have withheld legitimate dues towards the
complainant which constitute the consideration of the goods provided by
the complainant.

18. That the accused persons have defrauded the complainant by issuing
cheque to the complainant towards discharge of their legal liability towards
the complainant from a bank account maintained by accused persons with
their banker and not ensuring that the said cheque was honored and the
same act of the accused persons attracts the penal action under section 138
of Negotiable Instrument Act, 1881 as well as under section 420 of the
Indian Penal code.

19. That by their conduct the accused persons have caused wrongful loss to the
complainant and wrongful gain to themselves.
20. That the cause of action to file the complaint arose on 23.10.2017 i.e.
after the expiry of 15 days of the service of legal notice upon the
accused and the present complaint has been filed before this Hon’ble
Court within the limitation period.

21. That the bank of the complainant is situated within the jurisdiction of this
Hon’ble Court and hence this Hon’ble Court has Jurisdiction to try and
entertain the present complaint.

22. That Complainant has affixed proper court fee on the complaint
accordingly.

PRAYER

It is most respectfully prayed that in view of the facts and

circumstances of the case, this Hon’ble Court may be pleased to summon the
above named accused persons and they be tried and punished according to law
under Section 138 of Negotiable Instruments Act, 1881 in the interest of the
justice.

And/or pass any other order as per the facts and circumstances of the
present complaint in favour of the Complainant and against the Accused
persons.

DELHI COMPLAINANT

DATED: .11.2017 THROUGH

13, LGF, ARIHANT NAGAR,

PUNJABI BAGH (W), NEW DELHI
TEL: 011-2522 7999, 4507 2999
EMAIL: areness@arenesslaw.com
 IN THE HON’BLE COURT OF CHIEF METROPOLITAN
MAGISTRATE, DISTRICT NORTH WEST, ROHINI COURTS,
DELHI
C.C. NO. /2018

IN THE MATTER OF:

ALLOYSMIN INDUSTRIES … COMPLAINANT
VERSUS
OCL IRON AND STEEL LIMITED & ORS. … ACCUSEDS
PS:
AFFIDAVIT

I, Amit Goel, Director of Alloysmin Industries Office at: Shop No. 45,
L.S.C., Sheikh Sarai-II, New Delhi – 110017 do solemnly affirm and declare
as under:

1. That I deponent herein am the Director of the complainant company

and am well aware with the facts and circumstances of the case and
have been duly authorized vide Board Resolution dated 06.11.2017 to
file the present complaint and to appear hence competent to swear the
present affidavit.

2. That the accompanying complaint has been drafted by my counsel under

my instructions and the contents are true and correct as per my knowledge.

3. That the complainant has not filed any other complaint/ suit related to the
cheque bearing no. ‘145228’ dated 03.12.2017 drawn on Axis Bank, B/o
Bhiwadi, Rajasthan amounting to Rs.15,15,000/- (Rupees Fifteen Lakhs
Fifteen Thousand Only) issued by the accused persons in favor of the
Complainant.

DEPONENT

VERIFICATION:
Verified at Delhi on this _____ day of November 2017 that the contents of the
above affidavit are true and correct to the best of my knowledge and nothing
has been concealed there from.
 DEPONENT

IN THE HON’BLE COURT OF CHIEF METROPOLITAN

MAGISTRATE, DISTRICT NORTH WEST, ROHINI COURTS,
DELHI
C.C. NO. /2018

IN THE MATTER OF:

ALLOYSMIN INDUSTRIES … COMPLAINANT
VERSUS
OCL IRON AND STEEL LIMITED & ORS. … ACCUSEDS
PS:

LIST OF WITNESSES BY COMPLAINANT

1. Sh. Amit Goel, Director of Complainant Company

2. Record Clerk through Branch Manager, Canara Bank, B/o

Triveni Phase II.

3. Record Clerk through Branch Manager, Axis Bank, B/o Malviya

Nagar.

4. Any other/further witness(es) with the permission of this Hon’ble

Court.

DELHI COMPLAINANT

DATED: 1 .07.2017 THROUGH

13, LGF, ARIHANT NAGAR,

PUNJABI BAGH (W), NEW DELHI
TEL: 011-2522 7999, 4507 2999
EMAIL: areness@arenesslaw.com
 IN THE HON’BLE COURT OF CHIEF METROPOLITAN
MAGISTRATE, DISTRICT NORTH WEST, ROHINI COURTS,
DELHI
C.C. NO. /2018

IN THE MATTER OF:

ALLOYSMIN INDUSTRIES … COMPLAINANT
VERSUS
OCL IRON AND STEEL LIMITED & ORS. … ACCUSEDS
PS:

PRE –SUMMONING EVIDENCE ON BEHALF OF COMPLAINANT BY

WAY OF AFFIDAVIT (CW1)
I, Amit Goel, Director of Alloysmin Industries office at Shop No. 45,
L.S.C., Sheikh Sarai-II, New Delhi – 110017 do solemnly affirm and declare
as under:

1. That I deponent herein am the director of the complainant and am well

aware with the facts and circumstances of the case and have been duly
authorized vide Board Resolution dated 06.11.2017 to file the present
complaint case and to appear hence competent to swear the present
affidavit. That the Board Resolution is exhibited as EX. CW1/A. That the
certificate of Incorporation of Complainant is exhibited as Ex. CW1/B.

2. That accused persons approached the complainant company for availing its
financial services and on acceptance of terms & conditions lay down by the
complainant company, the accused person availed services provided by the
company.

3. That the accused persons in the month of December 2017 in partial discharge of
their legal liability towards Complainant Company issued one cheque bearing
no. ‘145228’ dated 03.12.2017 drawn on Axis Bank, B/o Bhiwadi, Rajasthan
for a sum of Rs. 15,15,000/-(Rupees Fifteen Lakh Fifteen Thousand Only) and
 assured the complainant that the said cheques shall be encashed on presentation.
That the said cheque is exhibited as Ex. CW1/C.

4. That as per assurances given by the accused persons, the aforesaid cheque was
presented by complainant to its banker Yes Bank, B/o Pitampura on 05.12.2017.
The complainant was shocked to see the aforesaid cheque return unpaid when
he received the cheque returning memo dated 06.12.2017 with remarks
“PAYMENT STOPPED BY DRAWER” on 08.12.2017. That the return memo
is Ex. CW1/D.

5. That on receipt of the cheque return memo, the complainant issued a legal
notice dated 05.01.2018 through his counsel through speed post and courier and
the legal notice was delivered to the accused persons through courier as well as
Speed Post. That the legal notice was served upon the accused persons
through Courier on 17.10.2017 and the accused person refused to accept
the legal notice through speed post. That the legal notice is exhibited as Ex.
CW1/E and speed post & courier receipt alongwith postal receipt is exhibited as
Ex. CW1/F1–F4. That the returned envelope is exhibited as Ex. CW1/G.

6. That however, despite service of legal notice the accused persons never even
bother to reply to the said legal notice or pay the cheques amount to the
complainant.

7. That the accused persons have defrauded the complainant by issuing cheque to
the complainant towards discharge of their legal liability towards the
complainant from a bank account maintained by the accused persons with their
banker and not ensuring that the said cheque was honored and the same act of
the accused persons attracts the penal action under section 138 of Negotiable
Instrument Act, 1881 as well as under section 420 of the Indian Penal code.

DEPONENT

VERIFICATION:
Verified at Delhi on this _____ day of November 2017 that the contents of the
above affidavit are true and correct to the best of my knowledge and nothing has
been concealed there from.
DEPONENT
 IN THE HON’BLE COURT OF CHIEF METROPOLITAN
MAGISTRATE, DISTRICT NORTH WEST, ROHINI COURTS,
DELHI
C.C. NO. /2018

IN THE MATTER OF:

ALLOYSMIN INDUSTRIES … COMPLAINANT
VERSUS
OCL IRON AND STEEL LIMITED & ORS. … ACCUSEDS
PS:
LIST OF DOCUMENTS

S. No. PARTICULARS
1. Copy of Board of Resolution
2. Copy of Certificate of Incorporation
3. Original Cheque Bearing No. ‘145228’ dated 03.12.2017 drawn on
Axis Bank, B/o Bhiwadi Rajasthan
4. Return Memo dated 06.12.2017
3. Legal Notice dated 05.01.2018
3. Postal and Courier Receipts of Legal Notice dated 05.10.2017
4. Tracking Report of Postal and Courier Receipts of legal notice
dated 05.10.2017
5. Returned Envelop of Legal notice

DELHI COMPLAINANT

DATE: .11.2017 THROUGH

13, LGF, ARIHANT NAGAR,

PUNJABI BAGH (W), NEW DELHI
TEL: 011-2522 7999, 4507 2999
EMAIL: areness@arenesslaw.com