global trade finance pvt.ltd.-sk
TRANSCRIPT
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IN THE LD. METROPOLITAN MAGISTRATES
7
TH
COURT AT DADARCriminal Case No. / S-S/2005
M/S. MAHINDRA & MAHINDRA
A Company incorporated under the
Companies Act, 1913 having its
Office at Farm Equipment Sector ,
Mahindra Towers, 3rd floor,
Worli, Mumbai 400 018.
Through its authorised officer
Mr. Ketan Gadgil
..Complainant
V/s.
1. M/s. Shree Jalaram Tractors
a Partnership Firm, having
its office at
Nr. Dabhan Police Chowki,
Gujrat .
2. Mr. Hashmukhbhai Umedbhai Patel
3. Mr. Harshnil Hashmukhbhai Patel
4. Mr. Riteshkumar Hashmukh Patel
Above 3 Partners of M/s. Shree Jalaram
Tractors are rsiding at 116, Jalram Society,
Borsad, Dist. Anand, Gujrat.
5. Mr. Arvinbhai Umedbhai Patel
6. Mr. Natubhai Umedbhai Patel
Above 2 partgners of M/s. Shree Jalaram
Tractors are residing at Keshavdas Ni Khadki
P.O. Siswa, Tal. Borsad, Dist. Anand, Gujrat.
Accused
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PRIVATE COMPLAINT UNDER
SECTION 138 READ WITH SECTION 141 OF THE
NEGOTIABLE INSTRUMENTS ACT, 1881
MAY IT PLEASE YOUR WORSHIP :
1. The Complainant is a Company incorporated under the Indian
Companies Act, 1913 and has its Office at the address mentioned in
the cause title. The Complainant Company is, interalia, engaged in the
business of manufacturing & supplying Tractors, its accessories & its
spare parts. The present Complaint is filed by the Complaint
Company through its authorised officer Mr. Ketan Gadgil who is
conversant with the facts of the present case and is also duly
authorised to file the present Complaint. Hereto annexed and marked
Exhibit A is the coy of the Power of attorney of the Compliant
Company in favour of Mr. Ketan Gadgil.
2. The Complainant Company submits that Accused No. 1 is a
partnership Firm under the provisions of Indian Partnership Act.
Accused No. 2 was looking after the day to day affairs and has
guaranteed the payments due and payable by Accused No. 1 to the
compliant company in his capacity as Partner and is also signatory to
the cheque in question. Accused No. 3 to 6 are other Partners of
Accused No. 1 and has also guaranteed the payments due and payable
by Accused No. 1 to the Complainant Company in their capacity as
Partners.
3. The Complainant submits that the Complainant Company have
supplied their products viz. Tractors, its accessories, spare parts etc. to
Accused No. 1 to the extent o Rs. 279 Lacs under the terms entered
into under the Dealer Agreement dated 30th August, 2003 executed by
accused No. 1 with Complainant Company.
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4. Acused No. 1,
1. I say that our Company have been supplying our products viz.
Tractors, their accessories, spare parts etc. to you in terms of the
dealer agreement enter into our Company and Accused No. 1. I say
that Accused No. 2 on behalf of Accused No. 1 i.e. M/s. Shree
Jalaram Tractors has issued us a cheque bearing No. 0041542 dated
01/08/2005 drawn on Union Bank of India, Nadiad Branch, Gujrat for
Rs. 2,79,00,000/- duly signed by Accused No. 2 in capacity as a
Partner of Accused No. 1 in discharge of the legally enforceable
liability of Accused No. 1 due and payable to Complainant Company
under the dealership agreement dated 30/08/2003. I say that being
Authorised Officer of the complainant company who have duly
authorized me to file this the present complaint and as such I am
familiar and conversant with the facts of the case. Hereto annexed
and marked Exhibit A is the copy of the Power of Attorney of the
complainant company.
2. I say that Accused No. 1 is Partnership firm of which Accused
No. 2 to 6 are the Partners and Accused No. 2 is the Authorized
signatory. At all material time relevant and relating to the complaint
Accused No. 2 to 6 were and are in charge of and responsible for the
conduct of business of Accused No.1 and are also looking after day to
day affairs of Accused No.1 i.e. Partnership Firm. I am annexing
herewith a copy of Deed of Partnership of Accused No. 1 which is
signed by all above Accusedand it is also referred in to Para No.
10 of the same which shows that all Partners are concerned with
day to day affairs management of Accused No. 1
:: 3 ::
It is further submitted that Accused No.2 to 6 with Accused No.1 are
liable to be prosecuted and / or connived in the commission of the
present offence, in their capacity as Partners and signatory of the said
partnership firm.
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3. I say that we have presented the said cheque issued to us by the
accused for collection through our clearing bankers viz. State Bank of
India, CAG Branch, Mumbai. However said cheque was returned to
us unpaid being dishonoured by accused Bankers viz. Union Bank of
India, Nadiad Branch with remark Exceeds Arrangements. We
have received the dishonoured cheque through our bankers with their
memo on 23/08/2005.
4. I say that as narrated in Para 2 accused No. 2 to 6 being
responsible for the affairs of Accused No.1 i.e.. Partnership Firm are
liable to be prosecuted for having committed a criminal offence in the
event of failure on their part to comply with the requisitions
contained in the statutory notice dtd. 01/09/2005 which sent to them
both under R.P.A.D. & U.P.C. at their last known Address as well as
Residential Address. I further say that notice was duly received by all
the accused on or about 07/09/2005. However accused have failed
and neglected to make our payment under the above said dishonoured
cheque.
5. I say that above accused have thus committed an offence
punishable u/s 138 r/w of 141 of Negotiable Instrument Act as
amended).
6. I say that the intimation for dishnoured of cheques was received by
Complainant Company at their office which is situated in the
jurisdiction of this Honble Court. Further the dealings and other
correspondence with respect to the present transactions is also took
place from the office situated at Worli as such this Honble Court is
competent to entertain and try this present complaint.
:: 4 ::
7. The statutory notice dated 01/09/2005was issued to the accused
within the stipulated time and the present complaint is being filed
within the prescribed period as provided under section 142(b) of
the Negotiable Instruments Act, 1881.
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8. Under this circumstances it is prayed that this Honble Court may
be pleased to issue process against the accused for the commission of
the said offence and they may be dealt with according to law.
It is further prayed that if penalty is imposed on conviction the
same may be refunded to the complainant.
And for this act of kindness the complainant shall ever pray :
MUMBAI :
DATED :
COMPLAINANT
LIST OF DOCUMENTS / WITNESSES :
1. Dishonoured Cheques.
2. Bank Memo.
3. Demand Notice.
4. Acknowledgement Receipt
5. Manager of State Bank of India, CAGBranch, Mumbai
to produce necessary documents.
6. Any other witnesses with the permission of this Honble
Court.
.
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BEFORE THE LD. METROPOLITAN MAGISTRATES
12TH COURT AT BANDRA
C. C. NO./ / S-S /2005
GLOBAL TRADE FINANCE PVT. LTD.
THROUGH
Shri Anirudh Singh, Girijashankar Singh Thakur,
Office situated at, Metropolitan Building,
6th floor, Bandra Kurla Complex,
Bandra (East), Mumbai 400 051. ..Complainant
V/s.
1. M/s. Alka International Ltd.
19/37, Jainpuri, Aligarh,
UTTAR PRADESH.
2. Mr. Santosh Kumar Jain
Managing Director
19/37, Jainpuri, Aligarh,
UTTAR PRADESH.
3. Mr. Vivek Jain
Director
19/37, Jainpuri, Aligarh,
UTTAR PRADESH.
4. Mr. Amit Jain
Director
19/37, Jainpuri, Aligarh,
UTTAR PRADESH.
5. Mr. Paras Kumar Jain
Director
19/37, Jainpuri, Aligarh,
UTTAR PRADESH.
6. Smt. Poonam Jain
Director
19/37, Jainpuri, Aligarh,
UTTAR PRADESH.
7. Vinod Bala Jain
Director
19/37, Jainpuri, Aligarh,
UTTAR PRADESH.
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. ..Accused
CHARGES : U/S, 138 r/w 141 of
Negotiable Instruments Act 1881.
CLAIM FOR Rs. 1,15,00,000/-
..2
:: 2 ::
MAY IT PLEASE YOUR WORSHIP :
I, Shri Anirudh Singh Girijashanka Singh Thakur, Chief
Manager Legal & Company Secretary having its registered
office situated at, Metropolitan Building, 6th floor, Bandra -
Kurla Complex, Bandra (East), Mumbai 400 051, do herby
stat on solemn affirmation as under. :-
1. I say that the accused No. 2 to accused No. 7 on behalf of
Accused No. 1 have approached us with request for trade
finance facility and accordingly said facility has been
granted by us to the accused for the amount of
Rs.3,44,00,000/-.
2. That in discharge of said liability towards the abovesaid
trade finance facility due and payable to us accused had
issued us a cheque bearing No. 674143 dated 08.10.2005
drawn on Jammu and Kashmir Bank Ltd. New Delhi Branch
for sum of Rs. 1,15,00,000/- as a part payment duly signed
by accused no.3 on behalf of accused no.1. I say that being
a Manager Legal & Company Secretary of the complainant
company who has duly authorized me to file this the present
complaint and as such I am familiar and conversant with the
facts of the case. Board resolution dtd. 30.09.2003 is
annexed herewith.
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3. I say that Accused No. 1 is limited company of which
accused No. 2 to accused No. 7 are the directors and
accused no.3 is authorized signatory of accused No. 1. At
all material time relevant and relating to the complaint
Accused No. 2 to 7 were and are in charge of and
responsible for the conduct of business of Accused No.1 and
.. 3
:: 3 ::
are also looking after day to day affairs of Accused No.1. It
is further submitted that Accused No.2 to 7 with Accused
No.1 are liable to be prosecuted and / or connived in the
commission of the present offence, in their capacity as a
directors and signatory of the said limited company.
4. I say that we have presented the said cheque issued to us by
the accused for collection through our clearing bankers viz.
HDFC Bank Worli branch, Mumbai. However said cheque
was returned to us unpaid being dishonoured by accused
Bankers with remark Insufficient Fund. We have
received the dishonour cheque through our bankers with
their memo on 18.10.2005.
5. I say that as narrated in para 1 accused No. 2 to 7 being
responsible for the affairs of Accused No.1 i.e.. limited
company are liable to be prosecuted for having committed a
criminal offence in the event of failure on their part to
comply with the requisitions contained in the statutory
notice dtd. 11.11.2005, which sent to them both underR.P.A.D. & U.P.C. I further say that all notices came back
by postal authorities with the remark dated 19.11.2005 not
found. However notice was also send through U.P.C. on the
said address which is presumed to be received by all
accused. Thus accused have failed and neglected to make
our payment under the above said dishonoured cheque.
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6. I say that above accused have thus committed an offence
punishable u/s 138 r/w of 141 of Negotiable Instrument Act
(as amended).
7. I say that the office of the complainant company is situated
..4
:: 4 ::
within the jurisdiction of this Honble Court and hence this
court is competent to entertain and try this present
complaint.
8. The statutory notice was issued to the accused within the
stipulated time and the present complaint is being filed
within the prescribed period as provided under section
142(b) of the Negotiable Instruments Act, 1881.
9. Under this circumstances it is prayed that this Honble
Court may be pleased to issue process against the accused
for the commission of the said offence and they may be dealt
with according to law.
It is further prayed that if penalty is imposed on conviction
the same may be refunded to the complainant.
And for this act of kindness the complainant shall ever pray :
MUMBAI :
DATED :
COMPLAINANT
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..5
:: 5 ::
LIST OF DOCUMENTS / WITNESSES :
1. Dishonoured Cheque.
2. Bank Memo.
3. Demand Notice.
4. Return Notices Postal Slips
5. Manager of both the bankers to produce necessary
documents.
6. Any other witnesses with the permission of this Honble
Court.
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BEFORE THE LD. METROPOLITAN MAGISTRATES
9TH COURT AT BANDRA
C. C. NO./ /S-S/2004
GLOBAL TRADE FINANCE PVT. LTD.
THROUGH
Shri Aniruddh Singh, Girijashankar Singh Thakur,
Office situated at, Metropolitan Building,
6th floor, bandra Kurla Complex,
Bandra (East), Mumbai 400 051. ..Complainant
V/s.
1. M/s. Kalyani Exports
4, Ujagar Estate, sub plot 2-D,
W.T.Patil Marg, Deonar
Mumbai 400 088.
2. Kamalaksha R. Padubidri
Partner of M/s. Kalynai Exports
4, Ujagar Estate, sub plot 2-D,
W.T.Patil Marg, Deonar
Mumbai 400 088.
3. Premalaksha Padubidri
Partner of M/s. Kalynai Exports
4, Ujagar Estate, sub plot 2-D,
W.T.Patil Marg, DeonarMumbai 400 088. ..Accused
CHARGES : U/S, 138 r/w 141 of
Negotiable Instruments Act 1881.
CLAIM FOR Rs. 1,00,00,000/-
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:: 2 ::
MAY IT PLEASE YOUR WORSHIP :
I, Shri Aniruddh Singh Girijashanka Singh Thakur, Manager
Legal & Secretary having its registered office situated at,
Metropolitan Building, 6th floor, Bandra - Kurla Complex,
Bandra (East), Mumbai 400 051, do herby stat on solemn
affirmation as under. :-
1. I say that the accused No. 2 & 3 on behalf of Accused No. 1
have approached us with request for export factoring and
purchase order facility and accordingly export factoring and
purchase order facility has granted by us to the accused. I
further say that the outstanding of the said facility is
standing as on March, 2004 to the tune of Rs. 9,25,00,000/-
that in discharge of said liability accused had issued us a
cheque bearing No. 848567 dated 04.03.2004 drawn on
Federal Bank Ltd. Chembur Branch for sum of Rs.
1,00,00,000/- as a part payment. I say that being a Manager
Legal & Company Secretary of the complainant company
who have duly authorized me to file this the present
complaint and as such I am familiar and conversant with the
facts of the case. A Authority letter dtd. 25.08.2003 is
annexed herewith.
2. I say that Accused No. 1 is Partnership firm of which
Accused No. 2 & 3 are the partners and are also authorized
signatories of accused No. 1. At all material time relevant and
relating to the complaint Accused No. 2 & 3 were and are in
charge of and responsible for the conduct of business of
Accused No.1 and is also looking after day to day affairs of
Accused No.1 i.e. Partnership Firm. It is further submitted that
Accused No.2 & 3.
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:: 3 ::
with Accused No.1 are liable to be prosecuted and / or connived
in the commission of the present offence, in their capacity as
Partners and signatory of the said partnership firm.
3. I say that we have presented the said cheque issued to us by
the accused for collection through our clearing bankers viz.
Standard Chartered Bank 90, M.G.Road, Mumbai. However
said cheque was returned to us unpaid being dishonoured by
accused Bankers viz. Federal Bank Ltd. Chembur Branch with
remarkIn sufficient Fund. We have received the dishonour
cheque through our bankers with their memo on 05.03.2004.
4. I say that as narrated in para 1 accused No. 2 & 3 being
responsible for the affairs of Accused No.1 i.e.. Partnership
Firm is liable to be prosecuted for having committed a criminal
offence in the event of failure on their part to comply with the
requisitions contained in the statutory notice dtd. 11.03.2004
which sent to them both under R.P.A.D. & U.P.C. I further say
that notice was duly received by the accused on or about
15.03.2004. However accused have failed and neglected to
make our payment under the above said dishonoured cheque.
5. I say that above accused have thus committed an offence
punishable u/s 138 r/w of 141 of Negotiable Instrument Act (as
amended).
6. I say that intimation about the dishonoured of the saidcheque was received in our office at the above complainant
company which is situated within the jurisdiction of this
Honble Court, as such this Honble Court is competent to
entertain and try this present complaint.
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:: 4 ::
7. The statutory notice was issued to the accused within the
stipulated time and the present complaint is being failed within
the prescribed period as provided under section 142(b) of the
Negotiable Instruments Act, 1881.
8. Under this circumstances it is prayed that this Honble Court
may be pleased to issue process against the accused for the
commission of the said offence and they may be dealt with
according to law.
It is further prayed that if penalty is imposed on conviction
the same may be refunded to the complainant.
AND FOR THIS ACT OF KINDNESS THE COMPLAINANT
SHALL EVER PRAY :
MUMBAI :
DATED :
COMPLAINANT
LIST OF DOCUMENTS / WITNESSES :
1. Dishonoured Cheque.
2. Bank Memo.
3. Demand Notice.
4. Acknowledgement Receipt
5. Manager of Standard Chartered Bank to produce necessary
documents.
6. Any other witnesses with the permission of this Honble
Court.
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16.03.2005
BY REGD. A.D.
UNDER CERTIFICATE OF POSTING.
To,
1) Kalyani Exports, 2) Mr. Premalaksha R.Padubidri
41, Ujagar Estate, Partner of kalyani Exports.
Sub-Plot 2D,W.T.Patil Marg, 12,Arinda Co.Op.Hsg.Soc.Ltd.
Deonar, Mumbai : 400 088. Sector 10,Juhu Nagar,Vashi.
Navi Mumbai : 400 705.
3) Mr. Kamalaksha R. Padubidri. 4) Mr. Uday R. Yermal.
Partner.of Kalyani Exports. Partner of Kalyani Exports.6,Avanti Co.Op.Hsg.Soc.Ltd, 6, Madhugiri Co.Op.Hsg.Soc.
Deonar Baug, Deonar, Sion Trombay Road,
Mumbai : 400 088. Chembur, Mumbai : 400 071.
5) Mrs. Kalyani R. Thingalaya. 6) Mrs. Sandra P. Padubidri
Partner of Kalyani Exports. Partners of Kalyani Exports.
6, Madhugiri Co.Op.Hsg.Soc.Ltd. 12, Arinda Co.Op.Hsg.Soc.Ltd
Sion-Trombay Road, Chembur, Sector 10, Juhu Nagar,
Mumbai : 400 071. Vashi Navi Mumbai : 400 705.
Sir,
On behalf of our clients M/s. Global Trade Finance Private Limited,
having their registered office situated at, Metropolitan Building, 6
th
floor,Bandra- Kurla Complex, Bandra (E), Mumbai : 400 051, Who have
instructed me to address you as under :-
1. You are aware that Export Factoring and purchase order facility has
been granted to you by my clients. The outstanding of which is standing as
on March 2004 to the tune of Rs. 9,25,00,000/-
2. I further say that in discharge of your liability towards the abovesaid
purchase order facility you have issued us cheques bearing Nos. 1) 848573
and 2) 848574 both dated 03.03.2005 for Rs. 1,00,00,000/- and for Rs.1,25,00,000/- aggregating to Rs. 2,25,00,000/- drawn on The Federal Bank
Ltd, Chembur Branch, as a part payment in favour of my clients duly signed
by you No.2 & 3, on behalf of you No.1 as a Partners.
3. I say that our clients have deposited above cheques issued by you for
encashment with their Bankers Viz. H.D.F.C. Bank Ltd, Worli Branch,
however the said cheques were returned unpaid and dishonoured by your
Bankers with remark Funds Insufficient We have received the said
returned cheques and Memo through our Bankers with their Memo dated09.03.2005. On 12.03.2005.
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4. You are aware that under the amended provisions i.e. section 138 to
141 of the Negotiable Instruments Act, 1881, dishonour of cheque is a
criminal Offence, Therefore, you No.2 to 6, being the Partners of M/s.
Kalyani Exports, all are liable to be prosecuted for having committed a
criminal offence in the event of failure on your part to comply with the
requisition contained in this statutory notice.
Under this circumstances, I hereby call upon and demand from, you
to make the payment of the said amount of Rs. 2,25,00,000/- (Rupees Two
Carores Twenty five lakhs Only) being the amount of dishonoured cheques
referred above within 15 days from the date of receipt of the notice by you,
failing which my clients shall constrained to file a Criminal Complaint in the
competent Magistrates court without any further notice to you. Needless to
mention that such prosecution/action shall be entirely at your risk as to costsand consequences thereof.
Yours fiathfully,
(Sujit S.Jagtap)
Advocate.
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BEFORE THE LD. METROPOLITAN MAGISTRATES
12TH COURT AT BANDRA
C. C. NO./ / S-S /2006
GLOBAL TRADE FINANCE LTD.
THROUGH
Shri Tapabrata Moitra,
Office situated at, Metropolitan Building,
6th floor, Bandra Kurla Complex,
Bandra (East), Mumbai 400 051. ..Complainant
V/s.
1. M/s. Alka International
Ltd.
19/37, Jainpuri,
Aligarh,
UTTAR PRADESH.
2. Mr. Santosh Kumar
Jain
Managing Director
19/37, Jainpuri,
Aligarh,
UTTAR PRADESH.
3. Mr. Vivek Jain
Director
19/37, Jainpuri,
Aligarh,
UTTAR PRADESH.
4. Mr. Amit Jain
Director
19/37, Jainpuri,
Aligarh,
UTTAR PRADESH.
5. Mr. Paras Kumar Jain
Director
19/37, Jainpuri,Aligarh,
UTTAR PRADESH.
6. Smt. Poonam Jain
Director
19/37, Jainpuri,
Aligarh,
UTTAR PRADESH.
7. Vinod Bala Jain
Director
19/37, Jainpuri,
Aligarh,
UTTAR PRADESH.
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...Accused
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:: 2 ::
CHARGES : U/S, 138 r/w 141 of
Negotiable Instruments Act 1881.
CLAIM FOR Rs. 1,00 ,00,000/-
MAY IT PLEASE YOUR WORSHIP :
I, Shri Tapabrata Moitra, Manager Legal of M/s Global
Trade Finance Ltd., having its registered office situated at,
Metropolitan Building, 6th floor, Bandra - Kurla Complex,
Bandra (East), Mumbai 400 051, do hereby state on solemn
affirmation as under: -
1. I say that the Complainant Company has been converted
from Pvt. Ltd. into Limited under the provisions of the
Companies Act, 1956 and consequently thereto the name of
the Complainant Company has been changed from Global
Trade Finance Pvt. Ltd. to Global Trade Finance Ltd. with
effect from 06/12/2005 and the certificate of incorporation
has been issued by the Registrar of Companies for the same.
2. I say that the accused No. 2 to accused No. 7 on behalf of
Accused No. 1 have approached us with request for trade
finance facility and accordingly said facility has been
granted by us to the accused for the amount of
Rs.3,44,00,000/-.
3. That in discharge of said liability towards the abovesaid
trade finance facility due and payable to us accused had
issued us a cheque bearing No. 661902 dated 21.11.2005
drawn on Jammu and Kashmir Bank Ltd. New Delhi Branch
for sum of Rs. 1,00,00,000/- as a part payment duly signed
by accused no.2 on behalf of accused no.1. I say that being
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:: 3 ::
a Manager Legal of the complainant company who has duly
authorized me to file this the present complaint and as such I
am familiar and conversant with the facts of the case. Board
resolution dtd. 24.01.2006 is annexed herewith.
4. I say that Accused No. 1 is limited company of which
accused No. 2 to accused No. 7 are the directors and accused
No.2 is Managing Director and authorized signatory of
accused No. 1. At all material time relevant and relating to
the complaint Accused No. 2 to 7 were and are in charge of
and responsible for the conduct of business of Accused No.1
and are also looking after day to day affairs of Accused
No.1. It is further submitted that Accused No.2 to 7 with
Accused No.1 are liable to be prosecuted and / or connived
in the commission of the present offence, in their capacity as
a M. D., directors and signatory of the said limited company.
5. I say that we have presented the said cheque issued to us by
the accused for collection through our clearing bankers viz.
HDFC Bank Worli branch, Mumbai. However said cheque
was returned to us unpaid being dishonoured by accused
Bankers with remark Insufficient Fund. We have
received the dishonour cheque through our bankers with
their memo on 26.11.2005.
6. I say that as narrated in Para 1 accused No. 2 to 7 being
responsible for the affairs of Accused No.1 i.e.. limitedcompany are liable to be prosecuted for having committed a
criminal offence in the event of failure on their part to
comply with the requisitions contained in the statutory
notice dtd. 09.12.2005, which sent to them both under
R.P.A.D. & U.P.C. on 12.12.2005. However till 13.01.2006
we have neither received acknowledgements nor returned
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:: 4 ::
notices, we have therefore informed the said fact to the
postal authorities vide our advocates letter dated 13.01.2006
regarding the non receipt of the acknowledgement. I say that
notice was also send through U.P.C. on the said address
which is presumed to be received by all accused. Thus
accused have failed and neglected to make our payment
under the above said dishonoured cheque.
7. I say that above accused have thus committed an offence
punishable u/s 138 r/w of 141 of Negotiable Instrument Act
(as amended).
8. I say that the office of the complainant company is situated
within the jurisdiction of this Honble Court and hence this
court is competent to entertain and try this present
complaint.
9. The statutory notice was issued to the accused within the
stipulated time and the present complaint is being filed
within the prescribed period as provided under section
142(b) of the Negotiable Instruments Act, 1881.
10.Under this circumstances it is prayed that this Honble
Court may be pleased to issue process against the accused
for the commission of the said offence and they may be dealt
with according to law.
It is further prayed that if penalty is imposed on convictionthe same may be refunded to the complainant.
And for this act of kindness the complainant shall ever
pray.
MUMBAI :
Dated this 27th day of January 2006. COMPLAINANT
..5
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:: 5 ::
LIST OF DOCUMENTS / WITNESSES :
1. Dishonoured Cheque.
2. Bank Memo.
3. Demand Notice.
4. Postal Slips
5. Letter to Post-office
6. Manager of both the bankers to produce necessary
documents.
7. Any other witnesses with the permission of this Honble
Court.
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BEFORE THE LD. METROPOLITAN MAGISTRATES
12TH COURT AT BANDRA
C. C. NO./ / S-S /2006
GLOBAL TRADE FINANCE PVT. LTD.
THROUGH
Shri Anirudh Singh, Girijashankar Singh Thakur,
Office situated at, Metropolitan Building,
6th floor, Bandra Kurla Complex,
Bandra (East), Mumbai 400 051. ..Complainant
V/s.
1. M/s. Alka Locks Pvt. Ltd.
19/37, Jainpuri, Agra Road, Aligarh
UTTAR PRADESH
2. Santosh Kumar Jain.
3. Poonam Jain
4. Veena Jain
5. Sudha Jain
i) 19/37, Jainpuri, Agra Road, Aligarh
UTTAR PRADESH
ii) 29, Naiwala, Karol Bagh,
New Delhi.
6 Amit Jain.
19/37, Jainpuri, Agra Road, Aligarh
UTTAR PRADESH
. ..Accused
CHARGES : U/S, 138 r/w 141 of
Negotiable Instruments Act 1881.
CLAIM FOR Rs. 40 ,00,000/-
..2
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:: 2 ::
MAY IT PLEASE YOUR WORSHIP :
I, Shri Anirudh Singh Girijashanka Singh Thakur, Chief
Manager Legal & Company Secretary having its registered
office situated at, Metropolitan Building, 6th floor, Bandra -
Kurla Complex, Bandra (East), Mumbai 400 051, do herby
stat on solemn affirmation as under. :-
1. I say that the accused No. 2 to accused No. 6 on behalf of
Accused No. 1 have approached us with request for trade
finance facility and accordingly said facility has been
granted by us to the accused for the amount of
Rs.1,56,00,000/-.
2. That in discharge of said liability towards the abovesaid
trade finance facility due and payable to us accused had
issued us a cheque bearing No. 5803676 dated 21.11.2005
drawn on Jammu and Kashmir Bank Ltd. New Delhi Branch
for sum of Rs. 40,00,000/- as a part payment duly signed by
accused no.6 on behalf of accused no.1. I say that being a
Manager Legal & Company Secretary of the complainant
company who has duly authorized me to file this the present
complaint and as such I am familiar and conversant with the
facts of the case. Board resolution dtd. 30.09.2003 is
annexed herewith.
3. I say that Accused No. 1 is limited company of which
accused No. 2 to accused No. 6 are the M.D./directors and
accused no.6 is also authorized signatory of accused No. 1.
At all material time relevant and relating to the complaint
Accused No. 2 to 6 were and are in charge of and
responsible for the conduct of business of Accused No.1 and
.. 3
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:: 3 ::
are also looking after day to day affairs of Accused No.1. It
is further submitted that Accused No.2 to 6 with Accused
No.1 are liable to be prosecuted and / or connived in the
commission of the present offence, in their capacity as a M.
D., directors and signatory of the said limited company.
4. I say that we have presented the said cheque issued to us by
the accused for collection through our clearing bankers viz.
HDFC Bank Worli branch, Mumbai. However said cheque
was returned to us unpaid being dishonoured by accused
Bankers with remark Exceeds Arrangement. We have
received the dishonour cheque through our bankers with
their memo on 29.11.2005.
5. I say that as narrated in para 1 accused No. 2 to 6 being
responsible for the affairs of Accused No.1 i.e.. limited
company are liable to be prosecuted for having committed a
criminal offence in the event of failure on their part to
comply with the requisitions contained in the statutory
notice dtd. 09.12.2005, which sent to them both under
R.P.A.D. & U.P.C. on 12.12.2005 and 13.12.2005.
However till 13.01.2006 we have neither received
acknowledgements nor returned notices sent to accused on
their Aligarh address, we have therefore informed the said
fact to the postal authorities vide our advocates letter dated
13.01.2006 regarding the non receipt of the
acknowledgement. However notice sent to accused No.2 toNo.5 on their Delhi address came back by the postal
authorities with the remark dated 15.12.2005 Not Known.I
say that notice was also send through U.P.C. on both the
addresses which is presumed to be received by all accused.
Thus accused have failed and neglected to make our
payment under the above said dishonoured cheque.
..4
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:: 4 ::
6. I say that above accused have thus committed an offence
punishable u/s 138 r/w of 141 of Negotiable Instrument Act
(as amended).
7. I say that the office of the complainant company is situated
within the jurisdiction of this Honble Court and hence this
court is competent to entertain and try this present
complaint.
8. The statutory notice was issued to the accused within the
stipulated time and the present complaint is being filed
within the prescribed period as provided under section
142(b) of the Negotiable Instruments Act, 1881.
9. Under this circumstances it is prayed that this Honble
Court may be pleased to issue process against the accused
for the commission of the said offence and they may be dealt
with according to law.
It is further prayed that if penalty is imposed on conviction
the same may be refunded to the complainant.
And for this act of kindness the complainant shall ever pray :
MUMBAI :
DATED :
COMPLAINANT
..5
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:: 5 ::
LIST OF DOCUMENTS / WITNESSES :
1. Dishonoured Cheque.
2. Bank Memo.
3. Demand Notice.
4. Return Notices Postal Slips
5. Letter to Post-office
6. Manager of both the bankers to produce necessary
documents.
7. Any other witnesses with the permission of this Honble
Court.
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BEFORE THE LD. METROPOLITAN MAGISTRATES
12TH COURT AT BANDRA, MUMBAI.
C.C. NO. / SS / 2006
GLOBAL TRADE FINANCE LTD.
Through Shri. Tapabrata Moitra, Manager Legal,
Office situated at, Metropolitan Building,
6th floor, Bandra Kurla Complex,
Bandra (East), Mumbai 400 051.
...Complainant
V/s.
1. M/s Anish Metals Pvt.Ltd. 5. Shri. Pankaj B. Shah
60, Kansara Chawl, Director
Kalbadevi Road, M/s Anish Metals Pvt. Ltd.
Mumbai 400 002. 60, Kansara Chawl,
Kalbadevi Road,
2. Shri. Pravinchandra N. Shah Mumbai 400 002.
Director of M/s Anish Metals Pvt. Ltd.
60, Kansara Chawl,
Kalbadevi Road,
Mumbai 400 002.
3. Shri. Sureshchandra N. Shah
Director of M/s Anish Metals Pvt.Ltd.
60, Kansara Chawl,
Kalbadevi Road,
Mumbai 400 002.
4. Shri. Kirti B. Shah
Director of M/s Anish Metals Pvt.Ltd.60, Kansara Chawl,
Kalbadevi Road,
Mumbai 400 002.
Accused
CHARGES : U/s. 138 r/w 141 of
Negotiable Instruments Act 1881.
CLAIM FOR Rs. 2,10,28,309/-
MAY IT PLEASE YOUR WORSHIP :
I, Shri. Tapabrata Moitra, Manager Legal, having
its registered office situated at, Metropolitan Building, 6 th
floor,
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:: 2 ::
Bandra - Kurla Complex, Bandra (East), Mumbai 400 051,
do herby state on solemn affirmation as under.:-
1. I say that the accused No. 2 to accused No. 5 on behalf of
accused No. 1 have approached us with request for trade
finance facility and accordingly said facility has been
granted by us to the accused.
2. That in discharge of said liability towards the abovesaid
trade finance facility due and payable to us accused had
issued us a cheques bearing Nos. 176457, 176458, 176456,
and 176459 all dated 07/02/2006 for Rs. 49,12,005/-,
50,23,137/-, 51,78,663/-, and 49,14,504/- respectively
drawn on The HDFC BANK, FORT, MUMBAI Branch as
a part payment in favour of my clients duly signed by you
No. 4 on behalf of you No.1. I say that being a Manager
Legal of the complainant company who has duly authorized
me to file this present complaint and as such I am familiar
and conversant with the facts of the case. The Board
resolution dtd. 24/01/2006 is annexed herewith.
3. I say that on instructions of accused we have deposited
above cheques issued by accused for encashment with their
Bankers Viz. UTI Bank Ltd, B.K.C. Branch, on 28/02/2006,
however the said cheques were returned unpaid and
dishonoured by accused Bankers with remark Effect not
Cleared, Please Present Again and hence again accused
have requested us to present the above referred cheques in
the month of April 2006 however on presentation the said
cheques were again returned unpaid and dishonoured by
accused Bankers with remark Effect not Cleared, Please
Present Again, Effect not Cleared, Please Present Again,
Funds Insufficients, and Funds Insuficient
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:: 3 ::
respectively. We have received the said returned cheques
and Memos through our Bankers with their Bankers Memo
on 04/04/2006.
4. I say that Accused No. 1 is limited company of which
accused No. 2 to accused No. 5 are the directors and
accused No.4 is authorized signatory of accused No. 1. At
all material time relevant and relating to the complaint
Accused No. 2 to 5 were and are in charge of and
responsible for the conduct of business of Accused No.1 and
are also looking after day to day affairs of Accused No.1. It
is further submitted that Accused No.2 to 5 with Accused
No.1 are liable to be prosecuted and / or connived in the
commission of the present offence, in their capacity as a
directors and accused No.4 is signatory of the said limited
company.
5. I say that as narrated in para 1 accused No. 2 to 5 being
responsible for the affairs of Accused No.1 i.e.. limited
company are liable to be prosecuted for having committed a
criminal offence in the event of failure on their part to
comply with the requisitions contained in the statutory
notice dtd. 25.04.06, which sent to them both under
R.P.A.D. & U.P.C. on 28/04/06. I say that notice was duly
received by accused No.1 ,3 and 4 on 02/05/06 and notice
sent to accused No.2 & 5 were came back by postal
authorities with the remark Not Claimed. Thus accusedhave failed and neglected to make our payment under the
above said dishonoured cheques.
6. I say that above accused have thus committed an offence
punishable u/s 138 r/w of 141 of Negotiable Instrument Act
(as amended).
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:: 4 ::
7. I say that the office of the complainant company is situated
within the jurisdiction of this Honble Court and hence this
court is competent to entertain and try this present
complaint.
8. The statutory notice was issued to the accused within the
stipulated time and the present complaint is being filed
within the prescribed period as provided under section
142(b) of the Negotiable Instruments Act, 1881.
9. Under this circumstances it is prayed that this Honble
Court may be pleased to issue process against the accused
for the commission of the said offence and they may be dealt
with according to law.
It is further prayed that if penalty is imposed on
conviction the same may be refunded to the complainant.
And for this act of kindness the complainant shall ever
pray.
MUMBAI :
DATED :
COMPLAINANT
LIST OF DOCUMENTS / WITNESSES :
1. Dishonoured Cheque.
2. Bank Memo.
3. Demand Notice.
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:: 5 ::
4. Return Notices Postal Slips
5. Letter to Post-office
6. Manager of both the bankers to produce necessary
documents.
7. Any other witnesses with the permission of this Honble
Court.
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BEFORE THE LD. METROPOLITAN MAGISTRATES
12TH COURT AT BANDRA, MUMBAI.
C.C. NO. / SS / 2006
GLOBAL TRADE FINANCE LTD.
Through Shri. Tapabrata Moitra, Manager Legal,
Office situated at, Metropolitan Building,
6th floor, Bandra Kurla Complex,
Bandra (East), Mumbai 400 051.
...Complainant
Versus
1. M/S. Astral Glass Pvt. Ltd.
Adinath Towers, A,
2nd Floor, Nancy Colony,
Borivali (E), Mumbai 400 066.
2. Mr. Satish P. Bhat.
Chairman-cum-M.D.of M/s. Astral Glass Pvt. Ltd.
Adinath Towers, A,
2nd Floor, Nancy Colony,
Borivali (E), Mumbai 400 066.
3. Mr. V. R. Nayak
Vice Chairman of M/s. Astral Glass Pvt. Ltd.
Adinath Towers, A,
2nd Floor, Nancy Colony,
Borivali (E), Mumbai 400 066.
Accused
CHARGES : U/s. 138 r/w 141 of
Negotiable Instruments Act 1881.
CLAIM FOR Rs. 6,17,910/-
MAY IT PLEASE YOUR WORSHIP :
I, Shri. Tapabrata Moitra, Manager Legal, having
its registered office situated at, Metropolitan Building, 6 th
floor, Bandra - Kurla Complex, Bandra (East), Mumbai
400 051, do herby state on solemn affirmation as under.:-
1. I say that the accused No. 2 & 3, on behalf of accused No. 1
2
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:: 2 ::
have approached us with request for trade finance
facility and accordingly said facility has been
granted by us to the accused as per their request and
requirement.
2. That in discharge of said liability towards repayment of the
abovesaid trade finance facility due and payable to us
accused had issued us a cheques bearing Nos. 153170 and
153231 both dated 11/08/2006 for Rs.3,10,395/- and
Rs.3,07,515- respectively drawn on Saraswat Co-Op. Bank
Ltd., Boriwali (W) Branch as a part payment in favour of
complainant duly signed by you No. 3 on behalf of you
No.1. I say that being a Manager Legal of the complainant
company who has duly authorized me to file this present
complaint and as such I am familiar and conversant with the
facts of the case. The Board resolution dtd. 24/01/2006 is
annexed herewith.
3. I say that on instructions of accused we have deposited
above cheques issued by accused for encashment with their
Bankers Viz. UTI Bank Ltd, B.K.C. Branch, however both
the cheques were returned unpaid and dishonoured by
accused Bankers with remark Funds Insufficient. We have
received the said returned cheques and Memos through our
Bankers with their Bankers Memo on 12/08/2006.
4. I say that Accused No. 1 is private limited company of
which accused No. 2 is chairman-cum-M.D. and accused
No.3 is the Vice-Chairman and also authorized signatory of
accused No. 1. At all material time relevant and relating to
the complaint Accused No. 2 & 3 were and are in charge of
and responsible for the conduct of business of Accused No.1
3
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:: 3 ::
and are also looking after day to day affairs of Accused
No.1. It is further submitted that Accused No.2 &
3 with
Accused No.1 are liable to be prosecuted and / or
connived in the commission of the present offence,
in their capacity as a Chairman-cum-M.D. and Vice-
Chairman/signatory of the said private
limited company.
5. I say that as narrated in para 1 accused No. 2 & 3 being
responsible for the affairs of Accused No.1 i.e. private
limited company are liable to be prosecuted for having
committed a criminal offence in the event of failure on their
part to comply with the requisitions contained in the
statutory notice dtd. 09/09/06, which sent to them both under
R.P.A.D. & U.P.C. on 09/9/06. I say that notice was duly
received by all the accused on 11/09/06. Thus accused have
failed and neglected to make our payment under the above
said dishonoured cheques.
6. I say that above accused have thus committed an offence
punishable u/s 138 r/w of 141 of Negotiable Instrument Act
(as amended).
7. I say that the office of the complainant company is situated
within the jurisdiction of this Honble Court and hence this
court is competent to entertain and try this presentcomplaint.
8. The statutory notice was issued to the accused within the
stipulated time and the present complaint is being filed
within the prescribed period as provided under section
142(b) of the Negotiable Instruments Act, 1881.
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4
:: 4 ::
9. Under this circumstances it is prayed that this Honble
Court may be pleased to issue process against the accused
for the commission of the said offence and they may be dealt
with according to law.
It is further prayed that if penalty is imposed on
conviction the same may be refunded to the complainant.
And for this act of kindness the complainant shall ever
pray.
MUMBAI :
DATED :
COMPLAINANT
LIST OF DOCUMENTS / WITNESSES :
1. Dishonoured Cheques.
2. Bank Memos.
3. Demand Notice.
4. Postal Receipts.
5. Acknowledgements.
6. Manager of both the bankers to produce necessary
documents.
7. Any other witnesses with the permission of this Honble
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Court.
BEFORE THE LD. METROPOLITAN MAGISTRATES
12TH COURT AT BANDRA, MUMBAI.
C.C. NO. / SS / 2006
GLOBAL TRADE FINANCE LTD.
Through Shri. Tapabrata Moitra, Manager Legal,
Office situated at, Metropolitan Building,
6th floor, Bandra Kurla Complex,Bandra (East), Mumbai 400 051.
...Complainant
Versus
1. M/S. Astral Glass Pvt. Ltd.
Adinath Towers, A,
2nd Floor, Nancy Colony,
Borivali (E), Mumbai 400 066.
2. Mr. Satish P. Bhat.
Chairman-cum-M.D.of M/s. Astral Glass Pvt. Ltd.
Adinath Towers, A,
2nd Floor, Nancy Colony,
Borivali (E), Mumbai 400 066.
3. Mr. V. R. Nayak
Vice Chairman of M/s. Astral Glass Pvt. Ltd.
Adinath Towers, A,
2nd Floor, Nancy Colony,Borivali (E), Mumbai 400 066.
Accused
CHARGES : U/s. 138 r/w 141 of
Negotiable Instruments Act 1881.CLAIM FOR Rs. 56,55,009/-
MAY IT PLEASE YOUR WORSHIP :
I, Shri. Tapabrata Moitra, Manager Legal, having
its registered office situated at, Metropolitan Building, 6 th
floor, Bandra - Kurla Complex, Bandra (East), Mumbai
400 051, do herby state on solemn affirmation as under.:-
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1. I say that the accused No. 2 & 3, on behalf of accused No. 1
2
:: 2 ::
have approached us with request for trade finance
facility and accordingly said facility has been
granted by us to the accused as per their request and
requirement.
2. That in discharge of said liability towards repayment of the
abovesaid trade finance facility due and payable to us
accused had issued us a cheques bearing Nos. 153151,
153229, 153230 and 153152 dated 13/08/2006, 12/08/2006,
13/08/2006 and 14/08/2006 for Rs.35,38,125/-, 3,07,515/-,
5,15,619 and 12,93,750/- respectively aggregating to
Rs.56,55,009/- drawn on Saraswat Co-Op. Bank Ltd.,
Boriwali (W) Branch as a part payment in favour of
complainant duly signed by you No. 3 on behalf of you
No.1. I say that being a Manager Legal of the complainant
company who has duly authorized me to file this present
complaint and as such I am familiar and conversant with the
facts of the case. The Board resolution dtd. 24/01/2006 is
annexed herewith.
3. I say that on instructions of accused we have deposited
above cheques issued by accused for encashment with their
Bankers Viz. UTI Bank Ltd, B.K.C. Branch, however both
the cheques were returned unpaid and dishonoured by
accused Bankers with remark Funds Insufficient. We have
received the said returned cheques and Memos through our
Bankers with their Bankers Memo on 16/08/2006.
4. I say that Accused No. 1 is private limited company of
which accused No. 2 is chairman-cum-M.D. and accused
No.3 is the Vice-Chairman and also authorized signatory of
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accused No. 1. At all material time relevant and relating to
the complaint Accused No. 2 & 3 were and are in charge of
and responsible for the conduct of business of Accused No.1
3
:: 3 ::
and are also looking after day to day affairs of Accused
No.1. It is further submitted that Accused No.2 &
3 with
Accused No.1 are liable to be prosecuted and / or
connived in the commission of the present offence,
in their capacity as a Chairman-cum-M.D. and Vice-
Chairman/signatory of the said private
limited company.
5. I say that as narrated in para 1 accused No. 2 & 3 being
responsible for the affairs of Accused No.1 i.e. private
limited company are liable to be prosecuted for having
committed a criminal offence in the event of failure on their
part to comply with the requisitions contained in the
statutory notice dtd. 11/09/06, which sent to them both under
R.P.A.D. & U.P.C. on 12/9/06. I say that notice was duly
received by all the accused on 14/09/06. Thus accused have
failed and neglected to make our payment under the above
said dishonoured cheques.
6. I say that above accused have thus committed an offence
punishable u/s 138 r/w of 141 of Negotiable Instrument Act
(as amended).
7. I say that the office of the complainant company is situated
within the jurisdiction of this Honble Court and hence this
court is competent to entertain and try this present
complaint.
8. The statutory notice was issued to the accused within the
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stipulated time and the present complaint is being filed
within the prescribed period as provided under section
142(b) of the Negotiable Instruments Act, 1881.
4
:: 4 ::
9. Under this circumstances it is prayed that this Honble
Court may be pleased to issue process against the accused
for the commission of the said offence and they may be dealt
with according to law.
It is further prayed that if penalty is imposed on
conviction the same may be refunded to the complainant.
And for this act of kindness the complainant shall ever
pray.
MUMBAI :
DATED :
COMPLAINANT
LIST OF DOCUMENTS / WITNESSES :
1. Dishonoured Cheques.
2. Bank Memos.
3. Demand Notice.
4. Postal Receipts.
5. Acknowledgements.
-
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6. Manager of both the bankers to produce necessary
documents.
7. Any other witnesses with the permission of this Honble
Court.
BEFORE THE LD. METROPOLITAN MAGISTRATES
12TH COURT AT BANDRA, MUMBAI.
C.C. NO. / SS / 2006
GLOBAL TRADE FINANCE LTD.
Through Shri. Tapabrata Moitra, Manager Legal,
Office situated at, Metropolitan Building,
6th floor, Bandra Kurla Complex,
Bandra (East), Mumbai 400 051.
...Complainant
Versus
1. M/S. Astral Glass Pvt. Ltd.
Adinath Towers, A,
2nd Floor, Nancy Colony,
Borivali (E), Mumbai 400 066.
2. Mr. Satish P. Bhat.
Chairman-cum-M.D.of M/s. Astral Glass Pvt. Ltd.
Adinath Towers, A,
2nd Floor, Nancy Colony,
Borivali (E), Mumbai 400 066.
3. Mr. V. R. Nayak
Vice Chairman of M/s. Astral Glass Pvt. Ltd.
Adinath Towers, A,
2nd Floor, Nancy Colony,
Borivali (E), Mumbai 400 066.
Accused
CHARGES : U/s. 138 r/w 141 of
Negotiable Instruments Act 1881.
CLAIM FOR Rs.10,70,072/-
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MAY IT PLEASE YOUR WORSHIP :
I, Shri. Tapabrata Moitra, Manager Legal, having
its registered office situated at, Metropolitan Building, 6 th
floor, Bandra - Kurla Complex, Bandra (East), Mumbai
400 051, do herby state on solemn affirmation as under.:-
1. I say that the accused No. 2 & 3, on behalf of accused No. 1
2
:: 2 ::
have approached us with request for trade finance
facility and accordingly said facility has been
granted by us to the accused as per their request and
requirement.
2. That in discharge of said liability towards repayment of the
abovesaid trade finance facility due and payable to us
accused had issued us a cheques bearing Nos. 164404,
153173 and 153172 dated 20/08/2006, 20/08/2006 and
19/08/2006 for Rs.4,53,122/-, 3,07,319/- and 3,09,631/-
respectively aggregating to Rs.10,70,072/- drawn on
Saraswat Co-Op. Bank Ltd., Boriwali (W) Branch as a part
payment in favour of complainant duly signed by you No. 3
on behalf of you No.1. I say that being a Manager Legal of
the complainant company who has duly authorized me to
file this present complaint and as such I am familiar and
conversant with the facts of the case. The Board resolution
dtd. 24/01/2006 is annexed herewith.
3. I say that on instructions of accused we have deposited
above cheques issued by accused for encashment with their
Bankers Viz. UTI Bank Ltd, B.K.C. Branch, however both
the cheques were returned unpaid and dishonoured by
accused Bankers with remark Funds Insufficient. We have
received the said returned cheques and Memos through our
Bankers with their Bankers Memo on 22/08/2006.
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4. I say that Accused No. 1 is private limited company of
which accused No. 2 is chairman-cum-M.D. and accused
No.3 is the Vice-Chairman and also authorized signatory of
accused No. 1. At all material time relevant and relating to
the complaint Accused No. 2 & 3 were and are in charge of
and responsible for the conduct of business of Accused No.1
3
:: 3 ::
and are also looking after day to day affairs of Accused
No.1. It is further submitted that Accused No.2 &
3 with
Accused No.1 are liable to be prosecuted and / or
connived in the commission of the present offence,
in their capacity as a Chairman-cum-M.D. and Vice-
Chairman/signatory of the said private
limited company.
5. I say that as narrated in para 1 accused No. 2 & 3 being
responsible for the affairs of Accused No.1 i.e. private
limited company are liable to be prosecuted for having
committed a criminal offence in the event of failure on their
part to comply with the requisitions contained in the
statutory notice dtd. 13/09/06, which sent to them both under
R.P.A.D. & U.P.C. on 14/09/06. I say that notice was duly
received by all the accused on 16/09/06. Thus accused have
failed and neglected to make our payment under the abovesaid dishonoured cheques.
6. I say that above accused have thus committed an offence
punishable u/s 138 r/w of 141 of Negotiable Instrument Act
(as amended).
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7. I say that the office of the complainant company is situated
within the jurisdiction of this Honble Court and hence this
court is competent to entertain and try this present
complaint.
8. The statutory notice was issued to the accused within the
stipulated time and the present complaint is being filed
within the prescribed period as provided under section
142(b) of the Negotiable Instruments Act, 1881.
4
:: 4 ::
9. Under this circumstances it is prayed that this Honble
Court may be pleased to issue process against the accused
for the commission of the said offence and they may be dealt
with according to law.
It is further prayed that if penalty is imposed on
conviction the same may be refunded to the complainant.
And for this act of kindness the complainant shall ever
pray.
MUMBAI :
DATED :
COMPLAINANT
LIST OF DOCUMENTS / WITNESSES :
1. Dishonoured Cheques.
2. Bank Memos.
3. Demand Notice.
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4. Postal Receipts.
5. Acknowledgements.
6. Manager of both the bankers to produce necessary
documents.
7. Any other witnesses with the permission of this Honble
Court.
BEFORE THE LD. METROPOLITAN MAGISTRATES
12TH COURT AT BANDRA, MUMBAI.
C.C. NO. / SS / 2006
GLOBAL TRADE FINANCE LTD.
Through Shri. Tapabrata Moitra, Manager Legal,
Office situated at, Metropolitan Building,
6th floor, Bandra Kurla Complex,
Bandra (East), Mumbai 400 051.
...Complainant
Versus
1. M/S. Astral Glass Pvt. Ltd.
Adinath Towers, A,2nd Floor, Nancy Colony,
Borivali (E), Mumbai 400 066.
2. Mr. Satish P. Bhat.
Chairman-cum-M.D.of M/s. Astral Glass Pvt. Ltd.
Adinath Towers, A,
2nd Floor, Nancy Colony,
Borivali (E), Mumbai 400 066.
3. Mr. V. R. Nayak
Vice Chairman of M/s. Astral Glass Pvt. Ltd.
Adinath Towers, A,
2nd Floor, Nancy Colony,
Borivali (E), Mumbai 400 066.
Accused
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CHARGES : U/s. 138 r/w 141 of
Negotiable Instruments Act 1881.
CLAIM FOR Rs.15,61,619/-
MAY IT PLEASE YOUR WORSHIP :
I, Shri. Tapabrata Moitra, Manager Legal, having
its registered office situated at, Metropolitan Building, 6 th
floor, Bandra - Kurla Complex, Bandra (East), Mumbai
400 051, do herby state on solemn affirmation as under.:-
1. I say that the accused No. 2 & 3, on behalf of accused No. 1
2
:: 2 ::
have approached us with request for trade finance
facility and accordingly said facility has been
granted by us to the accused as per their request and
requirement.
2. That in discharge of said liability towards repayment of the
abovesaid trade finance facility due and payable to us
accused had issued us a cheques bearing Nos. 153317,
164566, 164291 and 164454 dated 24/08/2006, 27/08/2006,
29/08/2006 and 30/08/2006 for Rs.2,83,800/- 4,33,591,
5,26,363/- and 3,17,875/- respectively aggregating to
Rs.15,61,619/- drawn on Saraswat Co-Op. Bank Ltd.,
Boriwali (W) Branch as a part payment in favour of
complainant duly signed by you No. 3 on behalf of you
No.1. I say that being a Manager Legal of the complainant
company who has duly authorized me to file this present
complaint and as such I am familiar and conversant with the
facts of the case. The Board resolution dtd. 24/01/2006 is
annexed herewith.
3. I say that on instructions of accused we have deposited
above cheques issued by accused for encashment with their
Bankers Viz. UTI Bank Ltd, B.K.C. Branch, however both
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the cheques were returned unpaid and dishonoured by
accused Bankers with remark Funds Insufficient. We have
received the said returned cheques and Memos through our
Bankers with their Bankers Memo on 25/08/2006,
29/08/2006, 30/08/2006 and 31/08/2006 respectively.
4. I say that Accused No. 1 is private limited company of
which accused No. 2 is chairman-cum-M.D. and accused
No.3 is the Vice-Chairman and also authorized signatory of
accused No. 1. At all material time relevant and relating to
the complaint Accused No. 2 & 3 were and are in charge of
and responsible for the conduct of business of Accused No.1
3
:: 3 ::
and are also looking after day to day affairs of Accused
No.1. It is further submitted that Accused No.2 &
3 with
Accused No.1 are liable to be prosecuted and / or
connived in the commission of the present offence,
in their capacity as a Chairman-cum-M.D. and Vice-
Chairman/signatory of the said private
limited company.
5. I say that as narrated in para 1 accused No. 2 & 3 being
responsible for the affairs of Accused No.1 i.e. private
limited company are liable to be prosecuted for having
committed a criminal offence in the event of failure on their
part to comply with the requisitions contained in thestatutory notice dtd.13/09/06, which sent to them both under
R.P.A.D. & U.P.C. on 14/09/06. I say that notice was duly
received by all the accused on 16/09/06. Thus accused have
failed and neglected to make our payment under the above
said dishonoured cheques.
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6. I say that above accused have thus committed an offence
punishable u/s 138 r/w of 141 of Negotiable Instrument Act
(as amended).
7. I say that the office of the complainant company is situated
within the jurisdiction of this Honble Court and hence this
court is competent to entertain and try this present
complaint.
8. The statutory notice was issued to the accused within the
stipulated time and the present complaint is being filed
within the prescribed period as provided under section
142(b) of the Negotiable Instruments Act, 1881.
4
:: 4 ::
9. Under this circumstances it is prayed that this Honble
Court may be pleased to issue process against the accused
for the commission of the said offence and they may be dealt
with according to law.
It is further prayed that if penalty is imposed on
conviction the same may be refunded to the complainant.
And for this act of kindness the complainant shall ever
pray.
MUMBAI :
DATED :
COMPLAINANT
LIST OF DOCUMENTS / WITNESSES :
1. Dishonoured Cheques.
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2. Bank Memos.
3. Demand Notice.
4. Postal Receipts.
5. Acknowledgements.
6. Manager of both the bankers to produce necessary
documents.
7. Any other witnesses with the permission of this Honble
Court.
BEFORE THE LD. METROPOLITAN MAGISTRATES
12TH COURT AT BANDRA, MUMBAI.
C.C. NO. / SS / 2006
GLOBAL TRADE FINANCE LTD.
Through Shri. Tapabrata Moitra, Manager Legal,
Office situated at, Metropolitan Building,
6th floor, Bandra Kurla Complex,Bandra (East), Mumbai 400 051.
...Complainant
Versus
1. M/S. Astral Glass Pvt. Ltd.
Adinath Towers, A,
2nd Floor, Nancy Colony,
Borivali (E), Mumbai 400 066.
2. Mr. Satish P. Bhat.
Chairman-cum-M.D.of M/s. Astral Glass Pvt. Ltd.
Adinath Towers, A,
2nd Floor, Nancy Colony,
Borivali (E), Mumbai 400 066.
3. Mr. V. R. Nayak
Vice Chairman of M/s. Astral Glass Pvt. Ltd.
Adinath Towers, A,
2nd Floor, Nancy Colony,
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Borivali (E), Mumbai 400 066.
Accused
CHARGES : U/s. 138 r/w 141 of
Negotiable Instruments Act 1881.
CLAIM FOR Rs.62,81,312/-
MAY IT PLEASE YOUR WORSHIP :
I, Shri. Tapabrata Moitra, Manager Legal, having
its registered office situated at, Metropolitan Building, 6 th
floor, Bandra - Kurla Complex, Bandra (East), Mumbai
400 051, do herby state on solemn affirmation as under.:-
1. I say that the accused No. 2 & 3, on behalf of accused No. 1
2
:: 2 ::
have approached us with request for trade finance
facility and accordingly said facility has been
granted by us to the accused as per their request and
requirement.
2. That in discharge of said liability towards repayment of the
abovesaid trade finance facility due and payable to us
accused had issued us a cheques bearing Nos. 153153,
153325, 153126, 153226, 153316, 153171 all dated
15/08/2006 and Cheque No.153154 dated 16/08/2006 for
Rs.20,75,625/-, 7,54,381/-, 4,61,493/-, 4,60,935/-,
3,85,497/-, 3,09,631/- and 18,33,750/- respectively
aggregating to Rs.62,81,312/- drawn on Saraswat Co-Op.
Bank Ltd., Boriwali (W) Branch as a part payment in favour
of complainant duly signed by you No. 3 on behalf of you
No.1. I say that being a Manager Legal of the complainant
company who has duly authorized me to file this present
complaint and as such I am familiar and conversant with the
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facts of the case. The Board resolution dtd. 24/01/2006 is
annexed herewith.
3. I say that on instructions of accused we have deposited
above cheques issued by accused for encashment with their
Bankers Viz. UTI Bank Ltd, B.K.C. Branch, however both
the cheques were returned unpaid and dishonoured by
accused Bankers with remark Funds Insufficient. We have
received the said returned cheques and Memos through our
Bankers with their Bankers Memo on 17/08/2006.
4. I say that Accused No. 1 is private limited company of
which accused No. 2 is chairman-cum-M.D. and accused
No.3 is the Vice-Chairman and also authorized signatory of
accused No. 1. At all material time relevant and relating to
the complaint Accused No. 2 & 3 were and are in charge of
and responsible for the conduct of business of Accused No.1
3
:: 3 ::
and are also looking after day to day affairs of Accused
No.1. It is further submitted that Accused No.2 &
3 with
Accused No.1 are liable to be prosecuted and / or
connived in the commission of the present offence,
in their capacity as a Chairman-cum-M.D. and Vice-
Chairman/signatory of the said private
limited company.
5. I say that as narrated in para 1 accused No. 2 & 3 being
responsible for the affairs of Accused No.1 i.e. private
limited company are liable to be prosecuted for having
committed a criminal offence in the event of failure on their
part to comply with the requisitions contained in the
statutory notice dtd.13/09/06, which sent to them both under
R.P.A.D. & U.P.C. on 14/09/06. I say that notice was duly
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received by all the accused on 16/09/06. Thus accused have
failed and neglected to make our payment under the above
said dishonoured cheques.
6. I say that above accused have thus committed an offence
punishable u/s 138 r/w of 141 of Negotiable Instrument Act
(as amended).
7. I say that the office of the complainant company is situated
within the jurisdiction of this Honble Court and hence this
court is competent to entertain and try this present
complaint.
8. The statutory notice was issued to the accused within the
stipulated time and the present complaint is being filed
within the prescribed period as provided under section
142(b) of the Negotiable Instruments Act, 1881.
4
:: 4 ::
9. Under this circumstances it is prayed that this Honble
Court may be pleased to issue process against the accused
for the commission of the said offence and they may be dealt
with according to law.
It is further prayed that if penalty is imposed on
conviction the same may be refunded to the complainant.
And for this act of kindness the complainant shall ever
pray.
MUMBAI :
DATED :
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COMPLAINANT
LIST OF DOCUMENTS / WITNESSES :
1. Dishonoured Cheques.
2. Bank Memos.
3. Demand Notice.
4. Postal Receipts.
5. Acknowledgements.
6. Manager of both the bankers to produce necessary
documents.
7. Any other witnesses with the permission of this Honble
Court.