IN THE HONBLE COURT OF CHIEF JUDICIAL MAGISTRATE AT SRINAGAR.

In the case of : M/S Evergreen Group of Industries Awanta Bhawan, Soura, Srinagar through Suhail Ahmed Naqshbandi, S/O Ghulam Mohuidin Naqshbandi, R/O Alamdar Colony, Lal Bazar, Srinagar. - - - - - - - - -Complainant Versus M/s E-Pack Polymers Pvt. Ltd., 61 B &C, Udyog Vihar, Surajpur, Kasna Road, Greater Noida, UP, through :1) Sanjay Singhania S/O R/O (Managing Director) Anand Gupta S/O R/O AGM (Finance) Pravin Kumar Singh S/O R/O AGM (Technical) Shiv Poojan S/O R/O Marketing Manager Srivastava S/O R/O Manager - - - - - Accused Persons In the matter of : Complaint against the accused as they have committed the offences of cheating by deceiving and the complainant and fraudulently dishonestly

2)

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induced him to pay an amount of Rs.

44.30 lakhs which he paid for which receipts stand acknowledged by the accused and made the complainant to deliver shelters. the 08 Nos Pre-fabricated

May it please Your Honour, The Complainant with reverence submits as under :

01.

That the Complainant being an educated unemployed youth, in order to earn livelihood and provide self employment, registered himself as supplier/contractor with HQ 15 Corps under the name & style of M/S Evergreen Group of Industries dealing contractual business with the Indian Army, Government, Central Government, etc and in this case had for pre-fabricated shelters for Army Personnel which include brave soldiers and officers who are performing their duties in all testing times especially in odd weathers of Jammu & Kashmir State known for its highest degrees of temperatures in Jammu province, sub zero temperatures in Kashmir Valley and freezing temperatures of Ladakh region, especially in these days of proxy war waged against the Union of India, inside its territories or on its borders by foe neighboring countries of India make the lives of our brave Army personnel more valuable because of militancy and most bad weathers in which every year precious lives of civilians, security forces or any one lost by avalanches, bad weathers, militancy, border firings. The Government of India is taking every step to secure its Army & Security forces from bad weathers and to safeguard the interests of the Army Security by providing them the adequate dwelling facilities in these rough and tough areas/terrains of their dedicated services which they render in order to secure the interests of our beloved country, as the progress of India has become an eye sore for all Indian foes including some of our traitors/desh-droohies who require to be dealt strictly in accordance with law so as to deter them and others from seeing with a malice eye and mind towards our beloved country. There are some traitors who always intend to harm the honest fiber of our Army by resorting to bribery and mal-practices in the business so as to pave way for our enemies to engage us and harm our Army more and

more so as to weaken our country and pave way for its disintegration and make it prone to more enemy aggressions. 02. That the complainant received a Supply Order duly attached with technical specifications and drawings from HQ 15 Corps for supply of 08 Nos OJ2R Pre-fabricated shelters having its delivery period only 20 days. Since the time and quality was the essence of entire transaction, the Complainant immediately scanned the said original technical specifications & drawings and delivered/sent the same to a Company which represents to be ISO Certified namely E-Pack Polymers Pvt Ltd. Greater Noida (U.P.) through email on 02 May 2012 at shivpoojan09@gmail.com, & shivpoojan@epackpolymers.com for quoting the rates in this behalf. This letter alongwith requisites is marked as Annexure-I which is marked with Page Nos 01 to 07 and is made available for ready reference.

03.

That the accused in response to email delivered and received by them have acknowledged receipt and have started work out on the technical specifications, drawings and the rates and it was desired and communicated through email that quotations would be sent by tomorrow. These facts are crystal clear from their document which is marked as Annexure-II (Page No. 08) with this complaint.

04.

That the accused on 04th May 2012 emailed the rates in furtherance of my request for quoting rates containing the original technical specifications & drawings and quoted the specific rate of Rs 5,47,000/(Rupees five lakh forty seven thousand only) per shelter. This specific rate given is clear from the communication which is marked as Annexure-III (Page Nos. 09 to 16) with this complaint.

05.

That since the time of delivery and quality was the essence of entire transaction, the Complainant after receiving the quotations/rates specified per shelter from the accused, immediately left for Greater Noida (U.P.) to have direct negotiations/face to face conversations with the accused on the subject and in order to negotiate the rates and and delivery schedule finally with regard to pre-fabricated shelters and finally after thread bear discussion, the accused revised the rates quoted by them earlier and sent to the Complainant. The accused

accepted to reduce the rates from Rs 5,47,000/- to Rs 5,17,000/- per shelter plus excise duty @ 12.36% & CST @ 2% against form C plus transportation charges as per specifications and drawings . These facts are clear from the document/communication and letters which are marked as Annexure-IV (Page Nos 17 to 23) with this complaint. Reference to price is of great importance and consideration.

06.

That from the above said documents/communication/Annexures, it is amply clear that the accused have accepted to supply the requisites as per the specifications and drawings given by the Army, HQ 15 Corps as there remains no doubt about the same which is crystal clear over from these communications. The transportation of shelters at our destination which was 68 Engr Regt (Budgam) was also agreed by the accused.

07.

That the Complainant on 9th May 2012 placed the purchase order at the rate of Rs 5,17,000/- per shelters alongwith the technical specifications and drawings as per Supply Order placed to the Complainant by Army, HQ 15 Corps. In order to confirm the deal as per specifications mentioned in the Army Supply Order placed to the Complainant, the Complainant to be on a safer side again has sent scanned copies of Armys original technical specifications and drawings alongwith Purchase Order which clearly shows and substantiates the intention of the complainant that the Army should not be cheated, defrauded or offended in any manner of whatsoever nature. These documents/communication are marked as Annexure-V (Page Nos 24 to 32) with this complaint.

08.

That it is pertinent to mention here that an important condition among other terms and conditions was imposed/stipulated by the Complainant and agreed by the accused that the required/requisite inspections will be carried out at Users site, as the Users site was 68 Engr Regt (Budgam).

09.

That the accused after receiving the Purchase Order alongwith scanned copies of original technical specifications and drawings and accepting the terms and conditions mentioned therein mailed the Complainant, the bank details for depositing advance amount in their

favour. The Complainant is fair and sincere in his dealing and never knows that he would be cheated/defrauded by the accused after the accused accepted the specifications in black and white. The letter is marked as Annexure-VI (Page No. 33) with this complaint. 10. That the Complainant accordingly deposited an advance amount of Rs 2,00,000/- (Rupees Two lakh) under UTR No. JAKAH12130089139 on 09 May 2012 and gave its confirmation to the accused on 10th May 2012. This letter is marked as Annexure-VII (Page No. 34) with this complaint. This letter confirms that the Complainant has been doing everything with devotion, dedication and honesty. 11. That the Complainant paid an amount of Rs 44,30,000/- (Rupees Forty Four lakh thirty thousand only) to the accused and in this regard formal receipt of the amount which was deposited/paid by the Complainant to the accused, the accused confirmed the same. The said receipt/letter of confirmation sent by the accused is marked as Annexure-VIII (Page No. 35) with this complaint. 12. That the accused dispatched most of the goods till 15 Jun 2012 which were directly delivered at the Users site i.e. 68 Engr Regt (Budgam) wherein at a glance over the material sent by the accused, it was found and detected that the material was not in accordance with the technical specifications/drawings of the Army as the same was required by them. 13. That neither the under technical specifications/drawings were expected from the accused nor under-gauge material was expected from the accused who were the suppliers to the Complainant for onward supply to the Army. The Complainant prior to carrying physical checks by the Army authorities, the accused were informed about the cheating done by them, but the accused were not responding to the emails and phone calls of the Complainant and the Complainant on 22 Jun 2012 mailed the facts of fraud/cheating committed by them. The email given and delivered to the accused is marked as Annexure-IX( Page No.36) with this complaint, which speaks volumes of criminal intent of the accused.

14.

That the accused No. 4 on 23 Jun 2012 intimated the Complainant to contact Mr. Anirudh Singh regarding this matter as he was going on leave from 25th Jun to 31 Jun 2012. This fact is testified by e-mail which is marked as Annexure-X (Page No. 37) to this complaint.

15.

That the Complainant again by mails communication to accused about the deviation shown by them about the material which they were supposed and required to supply but no response was shown by them even to our mail on 23 Jun 2012. This mail is annexed and marked as Annexure-XI (Page No. 38) with this complaint.

16.

That the accused under one or the other pretext were dodging the complainant and even did not respond to the requests of the complainant as on one hand the accused intentionally, willfully and deliberately supplied the under gauge, under value, under specifications material, which they have admitted in crystal clear terms and conditions in Annexure-V on the other hand the accused being in dominating position and the Complainant being in suppressed position were now further exploiting the Complainant by not responding to his requests and requirements. The Complainant got forced and was compelled by facts and circumstances to mail the owner/Director of the Company a letter dated 24 Jun 2012 intimating therein for getting the problem of the Complainant solved for the under-gauge and under specifications material supplied. As the Complainant was virtually in a frying pan as on one hand the Complainant was cheated and defrauded by the accused and on the other hand the Complainant was worried about his business reputation and ensuing loss in business, as the accused had already taken the whole amount in advance and therefore were virtually kidding and playing with the Complainant being far away from them. The letter addressed, sent and delivered on 24 Jun 2012 to Director/owner of the Company i.e. accused No.1 asking him and intimating him about the deviations in material specifications for under value and under thickness of required material supplied to Army with the hope that he would take the matter seriously with other accused and would immediately and urgently do the needful as required by the Army. This letter is marked as Annexure-XII (Page No. 39) with this complaint which shows the desperation and business throttling of the Complainant by the accused. Besides, the

Complainant was under constant threat of being black listed by the Army.

17.

That the Complainant instead of getting a positive response from the Director/Owner accused No.1, got a reply on 25 Jun 2012 which is shameful and brazen, which he had accepted in clear cut terms that he has been sending material to contractors working for 3 Corp, 4 Corp, 33 Corp etc. and had never any problem, which implied that he has been sending under specification material to such Army Corps and compromised with the quantity and quality which required a CBI probe for which the Complainant would do needful as early as possible so that all those culprits are brought to justice who are compromising the quantity, quality, specifications and values with the Army. The said accused No.1 has conveyed in the said reply for looking for illegal options for doing business with the Army. The proposal in the reply tendered by the accused No.1 is reflected as under : We request you to kindly look into other aspects of doing business with defence and strengthen them as well. However, we will take special care of the points mentioned by you below for future order. I propose you may order us for 3-4 more shelters and offer the same to the concerned department for inspection. May by this time round you may order for the sandwich panels and once it is approved, you may order for the fabricated steel structures. Thanks/Regards Sanjay Singhania E-Pack Polymers (P) Ltd. This reply of the accused No.1 is marked as Annexure-XIII(Page No.40).

18.

That the Complainant is left with no option but to get the supplies made directly or indirectly by the accused to 3 Corps, 4 Corps and 33 Corps inquired/investigated by Ministry of Defence, Director CBI and by allied agencies, as the said accused No.1 instead of supplying the requisite material as per the specifications and specific order of the Army, the accused No.1 has brazenly given the sermons of corruption and mal practice in business for which he requires to be drafted seriously under law by the Army, CBI and Ministry of defence so as to

deter them and others from venturing into business of corruption and mal practice. 19. That the material supplied by the accused was physically checked, inspected and examined on 27 Jun 2012 by Army Board/authorities through a Board of Officers detailed by HQ 15 Corps and found that the material supplied by the accused do not meet the technical specifications as the same is not in accordance with specifications given by the Army authorities in this behalf. The material supplied not being in accordance with the specifications of Army was rejected by the Army authorities/inspection board, as the material was under valued, under gauge and under weight. The order of rejection communicated to the Complainant is marked as Annexure-XIV (Page Nos 41 to 46) with this complaint. The rejection order speaks volumes for the accused who have indulged in cheating, defrauding and committing offences brazenly least caring for provision of material as per placed Purchase Order with required specifications, least caring for the majesty of law, least caring for the interests of the Army and virtually least caring for the security of the Union of India. 20. That the Complainant was made to lose business, business reputation, contract and was further made to suffer from huge loss, as his money was blocked by the accused, the Complainant had sought financial assistance for this contract and had to pay huge interests and had to liquidate the said financial assistance sought for the contract which caused an economic wreck of the Complainant and the Complainant was forced by the facts and circumstances again to go to Greater Noida (U.P.) for meeting the accused there for sorting out issue on 09.7.2012. It is worth to mention that the accused admitted that the material supplied is under gauge, under specifications and under value, but taking the plea that they are supplying the goods like this and dodged by one way or the other, hence no fruitful results were drawn from the meeting as the accused only asked for the rejection order. The accused in the said meeting only facilitated the Complainant with a copy of amount paid by the Complainant and received by the accused and the other material which was lying with the accused for the amount was already paid to the accused. This receipt is marked as Annexure-XV Page No. 47).

21.

That in furtherance of the meeting which was held in the office of the accused at Greater Noida (U.P.) on 09.7.2012, a letter No. 777/Shelter/E-Pack/12-13/25 dated 02.7.2012 through registered post as well as through email was sent to the accused alongwith copy of order of rejection of all under specifications material passed by Board of Officers and requested for disposal of the rejected material lying in the premises of Army i.e. 68 Engr Regt. The accused instead of supplying the material as per the specifications of the Army wanted the complainant to resort to mal practice and get the material accepted by the Army and to this offensive suggestion of the accused, the Complainant did not acceded to their demand and proposal and out rightly turned it down. This letter is marked as Annexure-XVI (Page Nos 48 to 56) with this complaint.

22.

That the accused as on 06 Sep 2012 cheated, defrauded and extorted settlement drafted by the accused in their office at Greater Noida (U.P.) which the Complainant signed by force under threat, duress, undue influence, fraud, coercion, extortion. However, the Complainant being honest, fair and sincere in his dealings, returned the whole rejected material directly lifted from the Users site i.e. 68 Engr Regt (Budgam) where it was delivered directly from the accused and the 100% rejected material received back by the accused against the proper receipts. The receipts show and substantiate the fact that the accused have taken 100% under specifications, under gauge and under weight and under value material back.

23.

That the accused forced the Complainant to go for settlement and the whole material was returned to the accused and received by the accused. But after continuous persistence, the accused paid only an amount of Rs 25,01,200/- through various bank drafts till date as such the amount due to the complainant is as under :(a) Total amount paid (b Rs 44,30,000.00

Amount paid as Carriage charges of Rs 2,60,000.00 material from Greater Noida(U.P.) to ) Budgam(Kmr) (c) Amount paid as Carriage Charges in Rs 1,15,000.00 returning of rejected material from Budgam(Kmr) to Greater Noida(U.P.) (d Total Amount Rs 48,05,000.00

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) (e) Amount re-paid by the Company Rs 25,01,200.00 (f) 24. through various bank drafts Total balance with Company Rs 23,03,800.00

That in this way the accused have committed a few following offences and acts and omissions with absolute and highest degree of criminal intent, knowledge and mind. (a) That the accused deceived the Complainant

fraudulently/dishonestly and induced the complainant to pay an amount of Rs 48,05,000/- (Rupees Forty eight lakh five thousand only) reference may kindly be made to Para 23 of this complaint, as the complainant paid the amount bonafidely at first instance and thereafter was forced/extorted to deliver the amount/property as the accused adopted fraudulent and deceitful means, methods and modes for cheating and extorting the complainant, as the acts/omissions have caused damage, harm in body mind, reputation and property/money, as such the accused have committed the offence of cheating and are liable for conviction under due course of law. (b) That the accused with knowledge that they have thereby caused wrongful loss to the complainant whose interest in this transaction to which the cheating relates, as the accused were bound by law or by legal contract, to protect the interests of the complainant, require to be punished under Section 418 of RPC and the accused deserve a maximum punishment of 3 years rigorous imprisonment with a fine of double the amount, so the complainant was originally cheated dishonestly and fraudulently for an amount of Rs 48,05,000/- as such amount becomes Rs 96,10,000/- (Rupees Ninety six lakh ten thousand only) which may be paid to the complainant as compensation/damages or in the alternative to default of payment, the accused deserve to be sentenced to a further period which this Honble Court may deem fit and proper or in the alternative punishment may be awarded under relevant sections of law to the accused. (c) That the Complainant ordered bonafidely to the

accused as per the specifications and drawings of the Army HQ 15

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Corps, the accused have received the full amount for the same from the complainant but have sent the requisite material which was dehorse the specifications, drawings, gauge and weight obviously and which was rejected by the competent Army inspection board outrightly, thus caused wrongful loss to the complainant and wrongful gain to the accused. (d) That the accused deserve to be punished under Section

420-A of RPC as they in performance of a contract with the Govt of India/Union of India none other than Indian Army/authorities of the Army supplied the material/goods, as they the accused dishonestly supplied material/goods which were less in weight, gauge, quantity and quality and were not in any manner whatsoever in accordance with the specifications and drawings of the Army authorities and their requirements as the material supplied and send by accused left and delivered at the specific place at which the Army authorities required it and was to be used, as the supplies send by accused were absolutely and crystal clearly less in quantity than required or ordered for, inferior in quality to the requisites, as such the accused committed the offences both under Section 420-A Sub Sections (a) and (b) and these were not in accordance with the technical specifications and drawings attached with Purchase Order as the brazen accused instead of falling to shamelessly advises the complainant to resort to corruption practices to resolve and cover up the offences committed by the accused. The accused as such deserves to be awarded rigorous imprisonment of ten years with fine so as to deter them and others from committing such offences in future. (e) That the accused knew very well that the material was

required by the Army through us as the copy of Armys specifications and drawings were sent to the accused twice, firstly at the time of asking for quotation for which the accused quoted and secondly alongwith with placed Purchase Order who have admitted its acknowledged. (f) That the accused made the Complainant to sign the

settlement memo on 06 Sep 2012 at 7 P.M. (evening hours) in his office at Greater Noida (U.P.) failing which he would be done to

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death in case the complainant does not sign the settlement which was drafted and prepared by the accused and even this fact is authenticated by the fact that the complainant was asked to pay an amount of Rs 1,15,000/- as freight charges for returning the rejected goods/material from Budgam to Greater Noida (U.P.) which shows and substantiates that the settlement was drawn by adopting the means and methods of extortion under the fear of death and the complainant was deterred threat he is a Kashmiri would be booked in false and frivolous case of terrorism and would never come out from jails/prisons as the complainant was put in fear and death and involvement in terrorism related case, as such extorted Rs 1,15,000/- as carriage charges for return of rejected goods/material or other allied taxes and money incurred in this behalf and even did not return the whole amount to the complainant as such they converted the settlement into valuable security and as such used it which is signed by the representative of the complainant and accused No.2. As such the accused have committed the offence of RPC 386 also for which they deserve to be punished in due course of law. Complainant through Counsel, Mushtaq Ahmed Dar, Advocate. VERIFICATION : Hence verified on this the 17th day of May 2013, that the factual averments contained hereinabove in this complaint are true and correct to the best of my knowledge and ability. Nothing has either been concealed or suppressed. The legal averments are believed to be true, based on the advice solicited. Complainant, Suhail Ahmed Naqshbandi.