IN THE COURT OF THE 5TH ADDITIONAL CHIEF

METROPLITAN MAGISTRATE AT BANGALORE

P C R No. of 2009
In

CC No. of 2009
Between:

Mr. Prasad Jayaram

S/o.
Aged about years
R/a. No. 2418, 18th Main,
Kumaraswamy layout 2nd Stage
Bangalore – 560 078 COMPLAINANT

And

Panduranaga Reddy
@ Manjunath @ Manju

Memorandum of complaint under Section 200 of Criminal

Procedure Code

The above named complainant most respectfully submit as

hereunder:

1. The address of the complainant for the purposes of Court

notices, summons, etc., is care of L. S. Shekar and Associates,

Advocates, No.17, First Floor, 6th Cross, 9th Main,

Sampangiramanagar, Bangalore – 560 027.

2. The address of the accused for similar purposes is as

mentioned above in the cause title.

3. The complainant is the lawful owner of Skoda Car bearing

registration No. KA - 51 - M – 676. The same was purchased by

the complainant after availing fiancé from ICICI Bank Limited,

No.1, Commissariat Road, Bangalore – 560 001. The

complainant is producing herewith copy of the RC Book issued by

the registering authority as DOCUMENT – A for the kind perusal

of the Hon’ble Court. The vehicle was hypothecated to ICICI

Bank Limited. Copy of the B Register Extract issued by the

registering authority is produced herewith as DOCUMENT – B for

the kind perusal of the Hon’ble Court.

2. After availing loan, the complainant was regular in making

payment of the loan for nearly 1 one year. During 2007, the

complainant suffered heavy loss in his business and as became

irregular in making payment of monthly EMIs.

3. At this juncture, the above named accused claiming to be

from the recovery department of ICICI Bank limited, approached

the complainant demanding pending EMIs. The complainant

pleaded inability. The accused put the complainant in touch of

higher authorities in ICICI Bank limited and after due

negotiations, the Bank agreed to receive 60% of the

outstanding amount and settle the loan account.

4. Accordingly the complainant paid a sum of Rs.1,20,000/-

(Rs. One Lakh and Twenty thousand Only) to the accused on

02.04.2009 and the accused took the complainant to the

Bangalore Head office of the ICICI Bank and issued a letter

stating No Objection for cancellation of Hypothecation along with

Form 35 . Copy of the same is produced herewith as DOCUMENT

– C and D for the kind perusal for the Hon’ble Court.

5. Thereafter, the complainant submitted the letter issued by

the accused to the registering authority and got the

hypothecation cancelled.

6. Of late, the accused started to call the complainant over

phone and has been sending threatening messages. Some of the

messages sent by the accused are as hereunder:

7. With a doubt, the complainant approached the ICICI Bank

who informed the accused that the loan account is still pending

and amount as per the earlier settlement is not credited to the

loan account. Surprised by the same, the complainant showed

copies the documents issued by the accused to the officials at

the ICICI Bank Limited, who said they are all forged documents

and the bank has not issued any of them. Further when enquired

about the accused and his status of employment with the Bank,

the complainant was informed that the accused was not

employed with the ICICI Bank. Further they informed that non-

performing loan accounts would be handed over to the private

recovery agencies and the accused might have been an

employee of one such recovery agencies. When enquired more

details, the Bank officials refused to give more details.

8. It is respectfully submitted that the complainant has been

cheated by the accused by not only collecting money, but also by

handing over forged documents pertaining to no-objection for

cancellation of hypothecation. Also by making threatening calls

and sending threatening sms over phone the accused has made

the daily life of the complainant miserable.

9. Being aggrieved, the complainant approached the

jurisdictional police seeking help. The jurisdictional police have

refused to receive and register any complaint against the

accused. Hence the present complaint.

10. It is respectfully submitted that it is the belief of the

complainant that the accused has committed offences punishable

under Sections 406, 419, 420, 426 and 506 of IPC.

11. It is submitted that the complainant handed over money to

the accused and the accused handed over the forged documents

at the residence of the complainant within the jurisdictional

limits of the Hon’ble Court and as such the Court has jurisdiction

to dispose off the present complaint in accordance with law.

12. It is further submitted that the complainant has not

preferred any other complaint before an other Court of law or

any other authority under law with the same or similar

grievance.

WHEREFORE, it is most respectfully prayed that the

Hon’ble Court may kindly be pleased to refer the above case

under section 156 (3) of IPC to the Inspector OF Police,

Kumaraswamy Layout Police Station, Bangalore , with a direction

to register the case against the accused and to investigate into

the matter in the best interests of justice and law.

Advocate for Complainant Complainant

VERIFICATION: I, the above named complainant do hereby

declare that what is stated above is true and correct to the best

of my knowledge, information and belief.

Bangalore
Date: Complainant

List of Witnesses:

1. The Complainant

2.

List of Documents:

1. Copy of the RC Book

2. Copy of the B Register Extract
3. Copy of the no objection letter issued by the accused
4. Copy of the Form 35 issued by the accused

Bangalore
Date: Complainant