Criminal complain of cheating

This query is : Resolved 
 



Guest (Querist)
02 November 2011

dear expert please check my draft right or not


To,
The Senior Inspector of Police,
Powai Police Station,
Powai, Mumbai.

Sir,
Sub: - (1) Criminal Complaint against accused no.1Mr. Sampat Salve, Residing at Panjarapol, Gautam Nagar, Din – Quari Road, Chembur, Mumbai – 400 088, for abusing and threatening with dire consequences to my client.

(2) Criminal Complaint against accused no.2Mr. Harvinder Singh Vijan, Residing at, Bunglow No. 12, Vasant Vihar Complex, Near Basant Cinema, Chembur, Mumbai – 400 074, for cheating, to my client for sum of Rupees 1,26,000 and also abusing and threatening with dire consequences to my client.

Under the instructions from and on behalf of my client, Mr. Sajit Padman, Residing at, 8/ P.G.P.M, 1st Floor, Nitie Campus, Vihar lake, Powai, Mumbai – 400 087, I hereby lodged the Criminal Complaint against above accused no.1Mr. Sampat Salve and accused no.2 Mr. Harvinder Singh Vijan as under:-

1) That my client is a auto mobile engineer and he was working as a Service manager in M/S Auto-Stadi-Road worx, and his monthly salary was fixed by the company Rs.28,000 (Rupees Twenty Eight Thousand) he worked there for four years from August 2006 to March 2010, and during his course of work in M/S Auto-Stadi-Road worx he did not remunerated with his salary from November 2009 to 15th March 2010, by the Harvinder Singh Vijan who is the director of the M/S Auto-Stadi-Road worx and also the whole and sole of the Auto-Stadi-Road worx.

2) That my client requested every month for his salary to Mr Harvinder Singh Vijan but Mr. Harvinder Singh Vijan used to give every month fake promises to my client that he will be remunerated by his salary in coming next month but the coming next month for Mr. Harvinder SinghVijan never comes and till today he is showing his negative attitude to pay my client his outstanding salary of Rs.1,26,000/- (Rupees One Lakh Twenty Six Thousand).

3) That My client states he was a very sincere, genuine and hard working employee of the M/S Auto-Stadi-Road worx and he worked there with dedication during his course of Job but still his employer Mr. Harvinder Singh Vijan neglecting to pay his outstanding salary to my client.

4) That my client states that his employer Mr. Harvinder Singh Vijan was showing his negative attitude to pay my client salary to him hence he left from his job on ______.

5) That my client states that during his service his company M/s. Auto-Stadi-Road Worx provided him with a Vehicle Maruti-800 for travelling Purpose, which he handover to the accused no 1 who is the one of the employee of the same M/s. Auto-Stadi-Road Worx on his employer Mr. Harvinder Singh Vijan request before his resignation.

6) That my client states that Mr. Harvinder Singh Vijan is not even neglecting to pay my client’s outstanding salaries Rs 1,26,000/- (Rupees One Lakh Twenty Six Thousand) but also together with Mr. Sampat Salve threatening to my client that if he will not return the above said vehicle Maruti -800 to him he will file a false and bogus case against my client.

7) That my client states that both accused no.1 and 2 demanding the said vehicle which he has already return to accused no.1 upon the request of accused no.2.

8) That my client states that on 29th Oct 2011, at 9.15 pm and on 30th Oct 2011, at 9.40 am he received a call of Mr Sampat from Mobile no.9930003579 and on the call Mr. Sampat Salve abused and also threaten with dire consequences to my client that if my client will not return the above said vehicle Maruti-800 which my client already returned to accused no.1 upon the request of accused no.2, then he will file a false and bogus case against my client.
That therefore My Client instructed me to request you to kindly look into his Complaint and take a necessary step against accused no.1for using abusing language and threatening with dire consequences to my client and step against accused no.2 Mr. Harvinder Singh Vijan for cheating to my client for sum of rupees 1,26,000.
That I have explained this complaint to my client (Mr. Sajit Padman) in Hindi language.

Thanking you in anticipation.
Yours faithfully,
I confirm

Mr. Sajit Padman
Advocate

C.C. to
1. Assistant Commissioner of Police


2. Dy Commissioner of Police


3. Commissioner of Police
Crawford Market,
Mumbai.


raj kumar makkad (Expert)
02 November 2011

What is your query remains now? Your complaint has already been moved by you to concerned PS so wait for their action.

Shonee Kapoor (Expert)
02 November 2011

Repeated with drafts, what is the query dear?

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com



Guest (Querist)
02 November 2011

my query is that i have drafted correct or not
my client employer not making payment of my client for six month hence i have drafted a criminal complain of cheating and also for threatening as my client and his one of collage with my client employer threatening to my client that they will file bogus ,false case against my client

To,
The Senior Inspector of Police,
Powai Police Station,
Powai, Mumbai.

Sir,
Sub: - (1) Criminal Complaint against accused no.1Mr. Sampat Salve, Residing at Panjarapol, Gautam Nagar, Din – Quari Road, Chembur, Mumbai – 400 088, for abusing and threatening with dire consequences to my client.

(2) Criminal Complaint against accused no.2Mr. Harvinder Singh Vijan, Residing at, Bunglow No. 12, Vasant Vihar Complex, Near Basant Cinema, Chembur, Mumbai – 400 074, for cheating, to my client for sum of Rupees 1,26,000 and also abusing and threatening with dire consequences to my client.

Under the instructions from and on behalf of my client, Mr. Sajit Padman, Residing at, 8/ P.G.P.M, 1st Floor, Nitie Campus, Vihar lake, Powai, Mumbai – 400 087, I hereby lodged the Criminal Complaint against above accused no.1Mr. Sampat Salve and accused no.2 Mr. Harvinder Singh Vijan as under:-

1) That my client is a auto mobile engineer and he was working as a Service manager in M/S Auto-Stadi-Road worx, and his monthly salary was fixed by the company Rs. 28,000 (Rupees Twenty Eight Thousand) he worked there for four years from August 2006 to March 2010, and during his course of work in M/S Auto-Stadi-Road worx he did not remunerated with his salary from November 2009 to 15th March 2010, by the Harvinder Singh Vijan who is the director of the M/S Auto-Stadi-Road worx and also the whole and sole of the Auto-Stadi-Road worx.

2) That my client requested every month for his salary to Mr Harvinder Singh Vijan but Mr. Harvinder Singh Vijan used to give every month fake promises to my client that he will be remunerated by his salary in coming next month but the coming next month for Mr. Harvinder SinghVijan never comes and till today he is showing his negative attitude to pay my client his outstanding salary of Rs. 1,26,000/- (Rupees One Lakh Twenty Six Thousand).

3) That My client states he was a very sincere, genuine and hard working employee of the M/S Auto-Stadi-Road worx and he worked there with dedication during his course of Job but still his employer Mr. Harvinder Singh Vijan neglecting to pay his outstanding salary to my client.

4) That my client states that his employer Mr. Harvinder Singh Vijan was showing his negative attitude to pay my client salary to him hence he left from his job on ______.

5) That my client states that during his service his company M/s. Auto-Stadi-Road Worx provided him with a Vehicle Maruti-800 for travelling Purpose, which he handover to the accused no 1 who is the one of the employee of the same M/s. Auto-Stadi-Road Worx on his employer Mr. Harvinder Singh Vijan request before his resignation.

6) That my client states that Mr. Harvinder Singh Vijan is not even neglecting to pay my client’s outstanding salaries Rs. 1,26,000/- (Rupees One Lakh Twenty Six Thousand) but also together with Mr. Sampat Salve threatening to my client that if he will not return the above said vehicle Maruti -800 to him he will file a false and bogus case against my client.

7) That my client states that both accused no.1 and 2 demanding the said vehicle which he has already return to accused no.1 upon the request of accused no.2.

8) That my client states that on 29th Oct 2011, at 9.15 pm and on 30th Oct 2011, at 9.40 am he received a call of Mr Sampat from Mobile no.9930003579 and on the call Mr. Sampat Salve abused and also threaten with dire consequences to my client that if my client will not return the above said vehicle Maruti-800 which my client already returned to accused no.1 upon the request of accused no.2, then he will file a false and bogus case against my client.
That therefore My Client instructed me to request you to kindly look into his Complaint and take a necessary step against accused no.1for using abusing language and threatening with dire consequences to my client and step against accused no.2 Mr. Harvinder Singh Vijan for cheating to my client for sum of rupees 1,26,000.
That I have explained this complaint to my client (Mr. Sajit Padman) in Hindi language.

Thanking you in anticipation.
Yours faithfully,
I confirm

Mr. Sajit Padman
Advocate

C.C. to
1. Assistant Commissioner of Police


2. Dy Commissioner of Police


3. Commissioner of Police
Crawford Market,
Mumbai.

raj kumar makkad (Expert)
02 November 2011

repeated query. Your complaint is not tenable as this is a civil matter.

prabhakar singh (Expert)
03 November 2011

Dear Harsh !
This a third repeat of the first draft which when i saw 1st found unattended except two of us i urged if people practicing in criminal law may please attend,then i found your another post repeated and there people competent to speak on the matter after examining your draft found it to be a CIVIL matter.

Then it is the 3rd attempt of yours to request us to check the draft if it is okay
or not is now a meaning less exercise.

Here at Bar we all are required to learn What is the law applicable to facts and where to find it.

In this course we all would be committing errors because no perfection can be ever achieved by any one as the same is a full stop.

Yet there is a point to learn here that though "to err is human"is every body knowledge BUT "to repeat errors is inhuman" is not every body knowledge
which as lawyers one must know.

Your three consecutive post and answers there on let you learn few points which it seems you have not got.

The first lesson is that you should understand that facts brought before
you by your client belongs to which broad category ,if criminal,then what criminal law is applicable and if civil then to which branch of civil law the facts
belong, services law,business law,torts,equity property law or what??

After this decision you should look what may be the best remedy for the client who has approached??

I hope you find it useful to begin with.


Shailesh Kr. Shah (Expert)
04 November 2011

repeated query.



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