Date-28rd December,2024

To,
Senior Inspector of Police,
Kashigaon Police Station
Kashigaon, Kashimira
Miraroad - 401107.

Subject: - Complaint against the Mr. Sawarmal Pawan Kumar Agarwal,

mobile number 9821417037 for committing offences of cheating, fraud
and breach of his trust of Rs. 1,95,00,000/- Rs. One Crore Ninety-Five
Lakh Rupees

Respected Sir,

I am concerned for my client Mr. Romit Solanki 38, aged, Occupation-

Business, residing at 207/B wing, Bhairav Residency, Kanakia Road, Beverly
Park, Near Commissioner Bungalow, Mira Road (East) Thane - 401107,
bearing mobile number 759993993 / 8850022551, having complaint against the
above mentioned Accused and under his instructions, I would like to state and
address you as under:

1. My client is a resident at the above mentioned address. My client is into

the profession of business and invests money in the upcoming projects.
My client states that, Mr. Sawarmal Pawan Kumar Agarwal is a friend
 and as he knew that my client is into the business of investment so Mr.
Sawarmal Pawan Kumar Agarwal had been proposing my clients for
months and on 5th September 2022, my client invested money for their
business in which Mr. Amit Tibarewala is also a partner and the business
was setup at Nepal under the name “Shagun Traders”, “ Mangalam
Impex”, “Masterstroke Pvt. Ltd. “. The business in which he wanted to
invest the money was of A4 size papers which are to be supplied to Nabil
Bank, and Stationery material sold in app called as Daraz Company
providing laptops and electronic items provided to Nepal government
passport division, Socks supplying to Armed force, Mr. Sawarmal Pawan
kumar Agarwal had shown to my client the Purchase Order and
Memorandum of Association which they have received and then he
requested my client to invest the money on Interest basis. Hereto
annexed and marked as “Exhbit-A Colly” is the copy of the Purchase
Order and the Memorandum of Association dated 12.10.2022 and
18.1.2023.

2. My client states that, Mr. Sawarmal Agarwal claimed that being a partner
he had already invested 8 crore in this above said business and was
yielding a good profit and his sister Mrs. Kanchan Agarwal who is Mr.
Amit Tibarewala’s wife and a Chartered Accountant had also assured my
client that the money which he is investing is in safe hand and both are
personally looking in to details like custom clearance, goods despatch and
payments, due to which there would be no risk in investing the money.

3. My client states that, based on all the assurance of Mr. Sawarmal

Agarwal and his sister Mrs. Kanchan Agarwal, my client invested money
in the above said business from 1st July 2023 to 1st August 2023 Rs.
1,18,00,000/- (Rupees One Crore Eighteen Lakh only) and from 5 th
 September 2022 to 30th May 2023 Rs. 10,70,0000/- (Rupees One Crore
Seventy Lakh Rupees only). Total Rs.2,25,00,000/- (Rupees Two Crore
Twenty-Five Lakh Rupees Only). The money transaction which has
taken place was through RTGS directly given to Mr. Amit Tibarewala &
shagun Traders as per the instruction of Mr. Sawarmal Agarwal and cash
amount which my client had handover to Mr. Sawarmal Agarwal. My
client states that if needed, my client can provide all the details of all the
payment done.

4. My client states that, till October 2023, my client was getting the interest,
but then from November 2023, Mr. Sawarmal Agarwal had stopped
making the interest payment. My client then started to question Mr.
Sawarmal Agarwal for the same, but he would give an excuse and a
respective date, where he would promise to give the payment and then he
wouldn’t fulfil the promise. This went on almost from November 2023
till February 2024, where my client hasn’t received any interest payment.

5. My client states that, for almost 4 months my client haven’t received any
payment and Mr. Sawarmal Agarwal was only giving false promising, so
in the month of February 2024, My client confronted Mr. Sawarmal
Agarwal to know the reason for the non-payment of interest for almost 4
months. This is when my client decided that they would personally go to
Nepal to know the reason for the delay in the payment which Mr.
Sawarmal Agarwal agreed and together with Mr. Sawarmal Agarwal’s
Father Mr. Pawan Kumar Agarwal had gone to Nepal in the month of
February 2024.

6. My client states that, when they all went to Nepal, My client tried to
investigate and wanted to check the related documents which they were
 unable to produce and finally Mr. Amit Tibarewala, under pressure
revealed that there is no such business or work going on and all the
documents which was procured was fraud which left my client
devastated. It came as a shock to my client as he had trusted Mr.
Sawarmal Agarwal words and invested such huge amount of money. My
client at that meeting confronted them and wanted to know how the
payment of Rs. 2,25,00000/- (Rupees Two Crore Twenty-Five Lakh
Rupees Only) will be repayed. Mr. Sawarmal Agarwal and his father Mr.
Pawan Kumar Agarwal promised that they would anyhow make the full
payment and assured my client that within 6 months they would make
full and final payment.

7. My client states that, On 28th April 2024 and 4th May 2024 sum of Rs. 2
lakhs (rupees Two Lakh) and 3 Lakh (Rupees three lakh) was been
received by my client towards clearing due of capital amount Rs.
2,25,00000/- (Rupees Two Crore Twenty-Five Lakh Rupees Only).

8. My client states that, after 6 months passed. my client still had not
received his full payment as promised by Mr. Sawarmal Agrawal and Mr.
Pawan Kumar Agarwal in the month of February 2024. Due to this there
was conflict between Mr. Sawarmal Agarwal and my client. On 7 th
October, 2024 Mr. Sawarmal Agarwal’s father Mr. Pawan Kumar
Agarwal had called my client at his residence and has written on the
stamp paper in writing that Mr. Sawarmal Agarwal had taken Rs.
2,20,00,000/- ((Rupees Two Crore Twenty Lakh Rupees Only) for Mr.
Amit Tibarewala business and also promised that by 31.12.2024, he will
make full and final payment and he also stated that for payment to be
done, he would sell the property or take loan against the following
property or borrow from his friends which he has mentioned in the
 stamped paper. Mr. Pawan Kumar Agarwal also gave the original
property document of Jaipur Bungalow property and receipt of seven
amounting to Rs. 29,70,000/- of 102, ‘C’ wing, Magic Meera complex
from Magic Star Developer which under construction building. My client
states that along with this Stamp paper document, Original property
document Mr. Sawarmal Agarwal also gave 6 post-dated cheques, the
details of which are as follows:
23rd December 2024 – Rs. 20 Lakh
25rd December 2024 – Rs. 25 Lakh
26th December 2024 – Rs. 50 Lakh
28th December 2024 – Rs. 25 Lakh
31th December 2024 – Rs. 50 Lakh
7th January 2025 – Rs. 50 Lakh
Along with the above cheques, Mr. Sawarmal Agarwal also provided as a
security 3 cheques of Shagun Traders cheque no 000002,000003,000004
of HDFC Bank, Delhi and 3 cheques of Mangalam Impex cheque no.
0017564481, 0017564483, 0017564484, of Rs. 55,50,000/- each of
Sanima Bank, Nepal and 2 cheques of Mr. Amit Tibarewala of Rs.
55,50,000/- each of cheque no. 0017564580, 0017564581 of Sanima
Bank, Nepal.

9. My client states that on 18th November 2024, Rs. 22.5 lakh (Rupees
Twenty-Two Lakh and fifty thousand Rupees only) was credited by Mr.
Sawarmal Agarwal to my client’s account and on 25.11.2024 cash of Rs.
2.72 Lakh (Two Lakh seventy-two thousand was given by him. This
engrossed my client little confidence in Mr. Sawarmal Agarwal. My
client returned back one of the cheque Rs. 25 Lakh to Mr. Sawarmal
Agarwal. Mr. Sawarmal Agarwal also requested My client that before
depositing the other 5 cheque in the bank, my client needs to confirm
 with him, to which my client agreed as he had trust in him due to the
above payment done of Rs. 25 lakhs (Rupees Twenty-Five Lakh Rupees
only) by him.

10. My client stated that, on 23rd December 2024, when my client called him,
he requested to put cheque on 25th December as he didn’t have sufficient
fund. My client was little disappointed but then he didn’t want to create a
scene and so my client agreed what he said. Then as 25 th December as it
was bank holiday, my client was not able to deposit in the bank. So on
26th December 2024, when my client called Mr. Sawarmal Agarwal
telling him that he is going to deposit all cheques today. Here again Mr.
Sawarmal Agarwal casually requested to deposit the cheque on 28 th
December, 2024. This made my client very angry and he went to Mr.
Sawarmal Agarwal’s house to know his real intention. They both had
heated argument and my client said that they had not registered the
property in my client’s name, neither they were allowing my client to
deposit the cheque. This made my client really angry as my client was co-
operating them in all possible way, but Mr. Sawarmal Agarwal and Mr.
Pawan Kumar Agarwal were harassing my client. Mr. Pawan Kumar
Agarwal filed an NC at Kashigaon against my client and my client
complained against Mr. Sawarmal Agarwal and Mr. Pawan Kumar at
Kashigaon Police station.

11. My client states that, the above scenario has left my client very
devastated as his Rs. 1,95,00,000/- (Rupees One Crore Ninety-Five Lakh
Rupees) was a stake and this Mr. Sawarmal Agarwal, Mr. Amit
Tibarewala, Mrs. Kanchan Agarwal had done fraud with my client and
not returning my client money of Rs. 1,95,00,000/- (Rupees One Crore
Ninety-Five Lakh Rupees).
12. My client states that, there are many conversations on whatsapp chat which
are available which can prove that Mr. Sawarmal Agarwal has taken
money and invested in their business at Nepal and can be provided
whenever needed. My client has been cheated and there has been breach of
trust under Section 316 and 318 of Bharatiya Nyaya Sanhita, 2023.

13. My client states that my client had trusted Mr. Sawarmal Agarwal and
invested huge amounts in the business and he also had promised good
return. However, Mr. Sawarmal Agarwal has failed to provide the
promised returns and has instead defrauded and cheated my client and even
committed breach of his trust. client is facing financial difficulties and
going through mental stress.

14. My client hereby, requests your good office to take cognizance of the said
issues and to register a Complaint/F.I.R. against the said Accused(s), Mr.
Sawarmal Pawan Kumar Agarwal, Mr. Amit Tibarewala, Mrs. Kanchan
Agarwal under sections 316/ 318 of Bharatiya Nyaya Sanhita, 2023 and in
section 3 and 4 of The Maharashtra Protection of Interest of Depositors (n
financial Establishments Act, 1999. My client is ready and willing to co-
operate with your good office as and when called upon to intimate his side
of the facts and circumstances.

And for this act of kindness and justice, my client shall ever pray.

Thanking you.

Yours sincerely,
Mr. Tarun S. Sharma
(Advocate, High Court)