156(3)

COMPLAINT UNDER SECTION 156(3) OF CRIMINAL PROCEDURE CODE

The applicant/ complainant above named most humbly beg to submit as under.
1] That the Complainant is a citizen of india residing permanently at the address mentioned above. The applicant is the owner and proprietor of the firm by name of M/s Naval Grahudyog at Hiinganghat. That, the applicant is a law abiding and peace loving person.
2] That complainant has his grievance against the non applicant no. 2 i.e. Shri. Baburam Dharmaprakash. That the complainant has attempted to lodge the complaint against the concerned person with the respondent i.e. the police station, Hinganghat for the grievance of the complaint but the police station Hinganghat did not take any cognizance of the complaint lodged by the complainant and being aggrieved thereby, the complainant is constrained to approached this Hon’ble court for seeking the necessary directions in the matter. The facts of the matter are narrated below.
3] That in the above said business, the applicant and non applicant was doing the business as per the agreement dated 10-10-2016. It is agreed between the applicant and non applicant, that the non applicant will supply the raw material for packing subject to the condition that sachet will be approved by non applicant no.2 & only after approval of non applicant no.2, that non applicant no.2 will supply the raw material. Looking towards business relation with the applicant & non applicant no.2, as demanded by the non applicant no.2, the applicant handed over two blank cheques to the non applicant no.2 bearing only his signature as security deposit for future supply of raw material with this understanding, the applicant prepared sample & sachet sent by non applicant no.2 for approval with a request that only after approval of sachet (size,contents,printing etc.), that non applicant no.2 will demand & as per his demand only and as per his requirement that non applicant no.2 will supply the raw material after approval of sachet.
However, the applicant had sent the sample of sachet to the non applicant no.2 but neither non applicant no.2 approved the sachet nor communicated anything to the applicant, either in respect sachet or in respect of raw material that non applicant no.2 were sending. And therefore refuse to receive the raw material and it was send back to the non applicant no.2. Under these circumstances the applicant requested to the non applicant no.2 to return those blank cheques because non applicant no.2 did not act as per oral agreement. However, inspite of request of the applicant many times, the non applicant no.2 neither return the cheques nor inform the applicant, that non applicant no.2 will not misuse the cheque by depositing them in the bank. Therefore, remaining with no other alternative the applicant informs his banker on 19/1/2018 to “stop payment” of those two cheques. In this way the mischief played by the non applicant no.2 against the applicant
3] That the non applicant no.2 in the month of March 2018 had sent false and fabricated notice u/s 138 of negotiable instrument act by suppressing the real facts through his counsel to the applicant thereby demanded rupees 1,00,000/-. By reading the above said notice the applicant had shocked and get knowledge about the ill intention of non applicant n.2, because the contents of the notice is concocted and the non applicant no.2 have fabricated the facts. That the applicant also noted that the non applicant no.2 for grabbing the much more illegal amount false notice had been sent to the applicant based on false information. Thereafter, the applicant had given reply to the said notice on 22/03/2018 and denied all the contents.
4] It is specifically submitted that by way of cheque the non applicant no.2 had tried to misuse and cheated the applicant and committed criminal breach of trust that the non applicant no.2 had committed criminal breach of trust by preparing forged document for purpose of cheating and knowingly used forged document as genuine. The act of non applicant no.2 is totally illegal and therefore that left with no other option, the applicant/complainant decided to lodge a complaint against the aforesaid person. The complainant immediately went to the Hinganghat police station and made an effort to lodge First Information Report in the aforesaid regard. However, the duty officer present in the police station did not take FIR and hence the applicant had given written complaint against the non applicant no.2 on 21/04/2018 at Police station Hinganghat and P.S.Hinganghat registered the offence u/s 418 of I.P.C against non applicant no.2 which is non cognizable in respect of the illegal act committed by the concern person.
5] That the applicant wait till date with the hope that police shall take action against non applicant no.2 but police flatly refused to take action against non applicant, and therefore no any alternative for the applicant to move before this court for justice.
6] That the complainant, in support of his case, is filling the relevant documents connected with the subject matter which is available presently, as per list annexed herewith for the kind perusal and consideration of this honorable court. That, the complainant craves leave of this on Hon’ble court to file more documents at the later stage, if required.
7] That the complainant has not approached this Hon’ble court or any superior court any time before in the same subject matter.
8] That in view of the facts stated above, this Hon’ble court may kindly be pleased to issue appropriated directions.
Hence this application
PRAYER: It is therefore most humbly and respectfully prayed that this
Hon’ble Court may kindly be pleased to:
a) direct the respondent to investigate the matter and take appropriate action against the accused persons by registering an offence under Section 406, 417, 420, 465,467, 468 of the Indian Penal Code and further be pleased to direct the respondent to add more appropriate provision of the law if disclosure to that effect comes into picture and if required in any manner during the course of investigation;
b) Grant any other suitable relief which this Hon’ble Court deems fit in the facts and circumstances of the present matter;
c) Allow the present application in the interest of justice.

(pls check and correct it)🙏🙏🙏