District: North 24 Parganas

In The Court Of The Ld. ACJM, Barrackpore,

Complaint under sections 420, 406 and 506 of the INDIAN PENAL CODE In the matter of:Sri Kalyan Sengupta s/o Late Kalidas Sengupta Address: 51, C.R. Park Panchkari Sadhukhan Road Natagarh, Sodepur P. O. Ghola P.S. Ghola Kolkata 700113 ..Complainant

vs

Sri Abhishek Shankar Address: A-76, Metropolitan Cooperative Housing Society Limited P.O. Dhapa P.S. Pragati Maidan Kolkata 700105 ..Accused

The humble petition of the Complainant; Most respectfully sheweth as under:1. That your complainant is an aged person and a law abiding citizen, residing within your judicial territory. 2. That your complainant is one of the Directors of M/s Youthvision Technologies Pvt. Ltd., having its registered office at 51, C.R. Park, Panchkari Sadhukhan Road, Natagarh, Sodepur, P.O. Ghola, P.s. Ghola, Kolkata 700113.

3. That your complainant loaned an amount of INR 1,30,000 as part of a business deal to the accused Sri Abhishek Shankar by cheque number 016401, dated 27.11. 2012, drawn on Axis Bank Ltd. (the bank statement supporting the said transaction has been attached herein with), upon the condition that the loan be repaid within a month. 4. That the accused, with every intention to cheat your complainant, refrained from acting towards returning the said amount even as the stipulated period of one month passed away. 5. That your complainant being a reasonable and rational person waited for a week after the stipulated time had passed. Upon receiving no response from the accused, your complainant sent a letter on 08.01.2013 reminding him to return the money that had been loaned to him by your complainant, the photocopy of the same has been duly attached herein with. 6. That the accused paid absolutely no heed to the letter and, therefore, your complainant, through their company lawyer sent a Lawyers Notice on 11.03.2013 demanding the return of the said amount of INR 1,30,000. The photocopy of the same has been enclosed herein with. 7. That upon receiving the Lawyers Notice, the accused, replied through his lawyer and blatantly denied the very fact that any money had ever been loaned out to him by your complainant. The photocopy of the same has been enclosed herein with. 8. That as a reply, your complainants advocate sent a letter on 24.05.2013 enclosing the concerned Bank Statement proving the truthfulness of your complainants claim. 9. That your complainant met the accused a few times to convince him to return the money, but in return was threatened with dire consequences if your complainant even thought of taking the shelter of Law.

10. That your complainant being left with no other option rushed to the nearest P.S, i.e. Ghola and lodged a complaint stating the facts and circumstances. But the police refused to accept a F.I.R. and only accepted a General Diary, G.D.E. No. 1829, dt. 30.07.13. The photocopy of the same has been enclosed herein with. 11. That the incident has taken place within the jurisdiction of the Court of the Ld. A.C.J.M. Barrackpore. 12. That the photocopies of the following have been annexed herein: Statement of Account No : 912020060419789 belonging to YOUTHVISION TECHNOLOGIES PRIVATE LIMITED, dt. from 21.11.12 to 08.12.12. The letter sent by your complainant to the accused on 08.01.2013. The Lawyers Notice sent by your complainant to the accused on 11.03.2013. The reply sent by the accused to your complainant on 08.04.2013. The letter enclosing the Bank Statement, sent to the advocate of the accused on 24.05.2013 The General Diary Entry at the Ghola Police Station, G.D.E. No 1829, dt. 30.07.13.

Under the above circumstances, it is prayed before Your Honour to send this application of complaint to the I.C. , Ghola P.S. for causing investigation after treating the same as F.I.R. for the abovementioned incident, u/s 156(3) of the CrPC and pass such other order or orders as Your Honour deems fit and necessary. For which act of kindness your applicant, duty bound shall ever pray.

Dated.. Barrackpore

AFFIDAVIT I, Sri Vikram Sharma, s/o K.K. Sharma, aged 43 years, residing at 23A, N.S. Road, 6th floor, P.O. - G.P.O., P.S. Hare Street, being one of the Directors of M/S Youthvision Technologies Pvt. Ltd., hereby solemnly affirm and declare before this learned Court of Law that there is no other legal proceeding undergoing in any other Court of law regarding the matter mentioned in the present complaint. That the above statements are true to the best of my knowledge. Nothing has been concealed therein.

Deponent

Identified by me
Advocate, Barrackpore Court