TO BE FILLED BY HAND LISTING PROFORMA Page1

INSTRUCTIONS : 1. DO NOT WRITE OUTSIDE THE BOXES. 3. ONE CHARACTER IN EACH BOX.
2. WRITE IN BLOCK CAPITAL LETTERS. 4. DO NOT Staple the Sheet.

IN THE HIGH COURT OF DELHI AT NEW DELHI

Case Type Number Year

OF

IN THE MATTER OF:-

NAME ……PLAINTIFF /
D E W A N R A H I Z U D D I N A H M E D
PETITIONER
VS

NAME C N H I N D U S T R I A L C A P I T A L ….DEFENDANT /
I N D I A P V T L T D RESPONDENT

1 (a) Case Category C R L MI

(b) Case Category

2 Date of Impugned order 1 0 1 1 2 20 20 32 3

3 (a) Similar Matter OF

Case Type / Number

4 Statute Involved U n d e r T r i a l i n M M D w a r k a

D i s t r i c t c o u r t

Criminal Matters - Code 100 to 105

FIR No.
FIR Date

Police Station

Service Matters - Code 500 to 505

Department / Authority /
Organization etc.

Motors Accident Claim Matters - Code 600

Insurance Company

Lawyers Code
 TO BE FILLED BY HAND LISTING PROFORMA Page2

INSTRUCTIONS : 1. DO NOT WRITE OUTSIDE THE BOXES. 3. ONE CHARACTER IN EACH BOX.
2. WRITE IN BLOCK CAPITAL LETTERS. 4. DO NOT Staple the Sheet

IN THE HIGH COURT OF DELHI AT NEW DELHI

Case Type Number Year

OF

Tax Matters - Code 1300 to 1307

Notification /
Circular No.
Date of Notification / Circular

Land Acquisition Matters - Code 1500

VILLAGE
Date of section 4 Notification

Date of section 6 Notification

Date of section 17 (4) Notification

Number of Award

Date of Award

Bank and Company Matters - Code 2300 to 2400

Name of Bank /
Company

Academic Institution Matters - Code 2500

Name of Institution
(School, College,
University or any
other Institution)

Miscellaneous Matters pertaining to Statutory and

other authority or Organisation - Code 3700 to 4400
Name of Authority /
Organization

Society Matters – Code 4500

Name of Society /
Co - Operative Society
 IN THE HIGH COURT OF DELHI AT NEW DELHI.

CRL. MISC. (M) NO………/2024

IN THE MATTER OF:-

DEWAN RAHIZUDDIN AHMED And Others …PETITIONERS

VERSUS

CNH INDUSTRIAL CAPITAL (INDIA) PVT LTD …RESPONDENTS

INDEX

S.NO. PARTICULARS PAGES

1. Notice of Motion
1
2. Urgent Application
2
3. Memo of parties
3-4
4. List of dates & events
5 - 10
5. Petition under Section 438 of BNSS for
quashing of the complaint CC NI ACT 27603
OF 2022 Filed under section 138 & 142 of
Negotiable Instruments Act, 1881

6. ANNEXURE P-1

True Copy of order dated 10.11.2023 in CC

NI ACT 27603 OF 2022 by Court of Chief
Metropolitan Magistrate Dwarka District
Court, New Delhi.

7. ANNEXURE P-2

True Copy of Arbitral award dated

20.05.2023 30 - 36

8. ANNEXURE P-3
 True copy of statement of Accounts of Paid
Loan installments

True Copy of complaint filed CC NI ACT

27603 OF 2022 u/s 138 & 142 of the NI Act,
1881

9. ANNEXURE P-4

True Copy of complaint filed CC NI ACT

27603 OF 2022 u/s 138 & 142 of the NI Act,
1881

10. ANNEXURE P-5

True Copy of order dated 29.04.2024 in CC

NI ACT 27603 OF 2022 by Court of Chief
Metropolitan Magistrate Dwarka District
Court, New Delhi.

11. Vakalatnama
60
12. Court fee

THROUGH

Adeel Ahmed & Sana Parveen

14, Lawyers chamber,
Supreme court of India
New Delhi 1100001
PLACE : NEW DELHI
DATED : 26/10/2024
 1

IN THE HIGH COURT OF DELHI AT NEW DELHI.

CRL. MISC. (M) NO………/2024

IN THE MATTER OF:-

DEEWAN RAHIZUDDIN AHMED And Others …PETITIONERS

VERSUS

CNH INDUSTRIAL CAPITAL (INDIA) PVT LTD …RESPONDENTS

NOTICE OF MOTION

To,

Standing Counsel (Criminal)

Govt. of N.C.T. of Delhi.
Delhi High Court,
New Delhi.

Sir,

The above noticed petition is being filed which is most likely

to be listed before the Hon'ble Court on .

Kindly be present on the said date of hearing.

THROUGH

Adeel Ahmed & Sana Parveen

14, Lawyers chamber,
Supreme court of India
New Delhi 1100001
PLACE : NEW DELHI
 2

DATED : 12/07/2024

IN THE HIGH COURT OF DELHI AT NEW DELHI.

CRL. MISC. (M) NO………/2024

IN THE MATTER OF:-

DEEWAN RAHIZUDDIN AHMED And Others …PETITIONERS

VERSUS

CNH INDUSTRIAL CAPITAL (INDIA) PVT LTD …RESPONDENTS

URGENT APPLICATION

To,

The Deputy Registrar,

Delhi High Court
New Delhi.

Sir,

Kindly treat the above noted petition as an urgent one. The

ground of urgency are that the petitioner is badly suffering in
the hands of the Respondents for which the immediate
indulgence of this Hon'ble Court is necessary to quash the
complaint registered by the respondent as well as the
proceedings emanating out of the said complaint.
THROUGH

PLACE : NEW DELHI

Adeel Ahmed & Sana Parveen
DATED : 12/07/2024 14, Lawyers chamber,
Supreme court of India
New Delhi 110001
 3

IN THE HIGH COURT OF DELHI AT NEW DELHI.

CRL. MISC. (M) NO………/2024

IN THE MATTER OF:-

DEEWAN RAHIZUDDIN AHMED And Others …PETITIONERS

VERSUS

CNH INDUSTRIAL CAPITAL (INDIA) PVT LTD …RESPONDENTS

MEMO OF PARTIES
1.DEWAN RAHIZUDDIN AHMED S/O.DEWAN TAZUDDIN AHMED
RO. VILL/TOWN: BALAPATHAR, PS: KALGACHIA, SUB DIVN:
BARPETA, DIST: BARPETA, ASSAM, PINCODE: 781319

2. JAHANARA KHATUN S/O.RAMEZ UDDIN AHMED

R/o.VILL/TOWN: BALAPATHAR, PS: KALGACHIA, SUB DIVN:
BARPETA, DIST: BARPETA, ASSAM, PINCODE: 781319

3. HANIF ALI
S/O.NURUL ISLAM
R/O.VILL/TOWN: BALAPATHAR,PS: KALGACHIA, SUB DIVN:
BARPETA, DIST: BARPETA, ASSAM, PINCODE: 781319
…PETITIONERS

VERSUS
CNH INDUSTRIAL CAPITAL (INDIA) PVT. LTD.
.Having its, Registered Office at:
4th Floor, Rectangle No. 1, Behind Marriot Hotel, Commercial Complex, D-4, Saket New
Delhi-110017 Corporate Office a t :-
AT.C Tower, Plot 14A, 4' Floor, Sector-18,
Gurugram,- 122015, Maryana

….RESPONDENTS

THROUGH

PLACE : NEW DELHI

 4

Adeel Ahmed
DATED : 12/07/2024 14, Lawyers chamber,
Supreme court of India
New Delhi 110001
 5

LIST OF DATES AND EVENTS

DATES EVENTS

29.12.2019 That the petitioner No.2 had approached

the Complainant for availing financial

facility for purchasing 851 EX and availed,

a financial facility for and amount of

Rs.2098933/-(Rupees Twenty Lakh

Ninety. Eight Thousand Nine Hundred

Thirty Three Only) Vide loan Agreement

No.. 34820 dated 29.12.2019. from the

Complainant Company at 11.16% rate of

interest. Petitioner No.1, is the husband of

the Petitioner No.1 and was the guarantor

in the aforesaid Loan, and is otherwise a

Sub-Inspector of Police, Unit : Dhubri

D.E.F., Assam Police.

02.09.2021 The Petitioner No.2 serviced the loan

regularly, but due to COVID, the Petitioner

was not able to further service the loan

 6

and started having default in making

payment of the contractual installments

The Claimant company (being the

Respondent herein) issued loan recall

notice/legal demand notice dated

02.09.2021 calling upon the Petitioners to

make payment of outstanding amount,

which the petitioner never received.

01.02.2023 The Claimant Company (Respondent) vide

their reference letter dated 01.02.2023

referred the disputes to the Arbitrator in

respect of the Loan Cum Hypothecation

Agreement bearing No. 34820 dated

29.12.2020 entered between the above

named parties as per clause 31 of the said

Loan Agreement.

06.12.2022 The Respondent Company move an

application under Section-9 of Arbitration

and Conciliation Act, 1996 before the

District Judge Commercial Court, at Saket

Courts, South Delhi for seeking

 7

repossession order of the hypothecated

vehicle. The Hon'ble Court of Shri Prem

Kumar Barthwal, DJ Commercial Courts,

Delhi passed an order dated 06.12.2022

appointing Receiver to take the possession

of the hypothecated vehicle.

14.12.2022 The Court Receiver took the possession of

the hypothecated vehicle on 14.12.2022.

20.05.2023 Arbitral award dated 20.05.2023 was

passed whereunder the Respondent was

permitted to sell off the

asset/vehicle/equipment/Tractor Case

851 EX 4WD bearing, Chassis No.

NKJ851EXVKKH02320, Engine No.

8045.45.740-273826 as the same has

already been repossessed for recovery of

their dues under this award and the

Respondent could credit the net sale

proceeds thereof in the accounts of the

Respondent after deducting expenses

incurred to effect the said sale. Further, it

 8

was stated that if the amount so recovered

after the said sale of the

asset/vehicle/equipment/Tractor is more

than the amounts recoverable from the

Respondent under this Award the

Respondents were directed to refund the

excess amount to the Petitioner No.2

herein and if the amounts recovered after

said sale fall short than the awarded

amount, the Respondent was entitled to

recover balance shortfall from the

Petitioner No.2.

That after the payment of the aforesaid

sums the Petitioner No.1 has paid Rs.

14,04,499.02 (Rupees Fourteen Lacs Four

Thousand Four Hundred Ninety Nine

Only) over and above the loan amount Rs.

20,98,933.00 (Rupees Twenty Lacs,

Ninety Eight Thousand and Nine Hundred

Thirty Three Only).

 9

27.08.2022 The Respondent filed a complaint u/s 138

& 142 of the NI Act, 1881 against the

Petitioner No.2, under the false pretext of

the Petitioner No.1 having given a cheque

bearing Cheque No. 599545 of Rs.

18,29,731/- (Rupees Eighteen Lakh

Twenty Nine Thousand Seven Hundred

Thirty One Only) drawn on the State Bank

of India

29.04.2024 The matter was referred to Dwarka

mediation center for the settlement wide

order dated 29.04.2024. However, despite

best efforts the matter couldn’t be settled

and the proceedings have been restored in

the Hon’ble Court of the Metropolitan

Magistrate, Dwarka District Courts.

As per the Statement of Account issued by

the Respondent on 22-04-2024, the

outstanding installment dues was at Rs.

9,29,516.42/- (Rupees Nine Lacs, Twenty

Nine Thousand, Five Hundred Sixteen and

 10

Forty Two paisa. However, as per the very

same Statement of Accounts, it can be

inferred that the Petitioner No.1 has paid

Rs. 14,04,499.02 over and above the loan

amount Rs. 20,98,933.00. Further, the

Complaint has been instituted against the

Petitioner No.2 who is simply the

guarantor and a false complaint has been

filed on the cheque that he had handed

over to the Respondent as proof of his

banking account and details

Hence, the present petition.

 11

IN THE HIGH COURT OF DELHI AT NEW DELHI.

CRL. MISC. (M) NO………/2024

IN THE MATTER OF:-

DEEWAN RAHIZUDDIN AHMED …PETITIONER

VERSUS

CNH INDUSTRIAL CAPITAL (INDIA) PVT LTD …RESPONDENTS

U/S 138 & 142 OF NI ACT,1881

P.S. DWARKA SOUTH

PETITION UNDER SECTION 438 OF BHARTIYA

NYAYA SURAKSHA SANHITA FOR QUASHING THE
COMPLAINT UNDER SECTION 138 & 142 OF THE
NEGOTIABLE INSTRUMENTS ACT, 1881 PENDING
BEFORE THE HON’BLE COURT OF THE CHIEF
METROPOLITAN MAGISTRATE, SOUTH-WEST,
DWARKA DISTRICT COURTS, NEW DELHI BEARING
CC NI ACT/27603/2022 AND SUMMONS DATED 10-
11-2023 ISSUED BY THE HON’BLE COURT OF THE
CHIEF METROPOLITAN MAGISTRATE, SOUTH-
WEST, DWARKA DISTRICT COURTS, NEW DELHI IN
CC NI ACT/27603/2022

MOST RESPECTFULLY SHOWETH:

1) The Petitioner No.1 is a law abiding respectable citizen of the civil
society. He has an esteemed social status and enjoys a stellar
reputation in the social community.
 12

2) The Petitioner No.1 is the sub-Inspector of Assam Police, responsible

for detecting and checking any crime within its jurisdiction & also
responsible for preserving the safety, security of the residents of India
and to maintain law and order.
3) The petitioner No.2 is the wife of the Petitioner No.1 is a law abiding
adult citizen of India and is presently residing with petitioner
No.1 in Dubri, Assam.
4) That the Complainant i.e. CNH INDUSTRIAL CAPITAL (INDIA) PVT.
LTD., is a company incorporated under hte Companies Act,2013 (CIN
U65999DL2017PTC325228) having their Registered Ofice at 4th
Floor, Rectangle No. 1, Behind Marriot Hotel, Commercial Complex, D-
4, Saket New Delhi-1:10017 and its Corporate office at ATC Tower, Plot
14A, 4th Floor, Sector-18, Gurugram,- 122015, Haryana.
5) That by way of present petition, the Petitioner is seeking
quashing of complaint filed under section 138 & 142 of
Negotiable Instruments Act, 1881 CC NI ACT 27603 OF 2022
Pending Before The Hon’ble Court Of The Chief Metropolitan
Magistrate, South-West, Dwarka District Courts, New DELHI
for which the immediate indulgence of this Hon'ble Court is
necessary to quash the complaint registered by the
respondent as well as the proceedings emanating out of the
said complaint.
6) Hence, the present petition.

ISSUE INVOLVED
 13

7) The Petitioner has approached this Hon’ble High Court by

way of Writ Petition in its writ jurisdiction under Article 226
of Constitution of India and in its inherent jurisdiction under
Section 438 of Bhartiya Nyaya Suraksha Sanhita For
Quashing The Complaint Under Section 138 & 142 Of The
Negotiable Instruments Act, 1881 Pending Before The Hon’ble
Court Of The Chief Metropolitan Magistrate, South-West,
Dwarka District Courts, New Delhi Bearing CC NI
ACT/27603/2022.

BRIEF FACTS OF THE CASE

8) The facts leading to the present petition is stated as

hereinbelow
a. That the petitioner No.2 had approached the Complainant for
availing financial facility for purchasing 851 EX and availed, a
financial facility for and amount of Rs.2098933/-(Rupees
Twenty Lakh Ninety. Eight Thousand Nine Hundred Thirty
Three Only) Vide loan Agreement No.. 34820 dated 29.12.2019.
from the Complainant Company at 11.16% rate of interest.
Petitioner No.1, is the husband of the Petitioner No.1 and was
the guarantor in the aforesaid Loan, and is otherwise a Sub-
Inspector of Police, Unit : Dhubri D.E.F., Assam Police.
b. That the Petitioner No.2 serviced the loan regularly, but due to
COVID, the Petitioner was not able to further service the loan
and started having default in making payment of the contractual
installments
 14

c. The Claimant company (being the Respondent herein) issued

loan recall notice/legal demand notice dated 02.09.2021 calling
upon the Petitioners to make payment of outstanding amount,
which the petitioner never received.
d. The Claimant Company (Respondent) vide their reference letter
dated 01.02.2023 referred the disputes to the Arbitrator in
respect of the Loan Cum Hypothecation Agreement bearing No.
34820 dated 29.12.2020 entered between the above named
parties as per clause 31 of the said Loan Agreement.
e. On, 06.12.2022 the Respondent Company move an application
under Section-9 of Arbitration and Conciliation Act, 1996 before
the District Judge Commercial Court, at Saket Courts, South Delhi
for seeking repossession order of the hypothecated vehicle. The
Hon'ble Court of Shri Prem Kumar Barthwal, DJ Commercial
Courts, Delhi passed an order dated 06.12.2022 appointing
Receiver to take the possession of the hypothecated vehicle. It
is pertinent to mention here that all the arbitral proceedings
including the orders for repossession were proceeded with ex
parte, and the Petitioners were never served or notified of the
proceedings.
f. The Court Receiver took the possession of the hypothecated
vehicle on 14.12.2022.
g. Arbitral award dated 20.05.2023 was passed whereunder the
Respondent was permitted to sell off the
asset/vehicle/equipment/Tractor Case 851 EX 4WD bearing,
Chassis No. NKJ851EXVKKH02320, Engine No. 8045.45.740-
273826 as the same has already been repossessed for recovery
of their dues under this award and the Respondent could credit
 15

the net sale proceeds thereof in the accounts of the Respondent

after deducting expenses incurred to effect the said sale.
Further, it was stated that if the amount so recovered after the
said sale of the asset/vehicle/equipment/Tractor is more than
the amounts recoverable from the Respondent under this
Award the Respondents were directed to refund the excess
amount to the Petitioner No.2 herein and if the amounts
recovered after said sale fall short than the awarded amount, the
Respondent was entitled to recover balance shortfall from the
Petitioner No.2. The said Vehicle was sold after Arbitral award,
for 7,80,052.80 (Rupees Seven Lacs Eighty Thousand Fifty Two
and Eighty Paise Only) Copy of the Arbitral Award
dated 20.05.2023 is annexed herewith as Annexure P-2.
h. That after the payment of the aforesaid sums, including
31 instalments amounting to 27,23,380.02 (Rupees Twenty Seven
Thousand Twenty Three Thousand Three Hundred Eighty and two
paise Only), the Petitioner No.2 has paid Rs. 14,04,499.02
(Rupees Fourteen Lacs Four Thousand Four Hundred Ninety
Nine Only) over and above the loan amount Rs. 20,98,933.00
(Rupees Twenty Lacs, Ninety Eight Thousand and Nine Hundred
Thirty Three Only). Copy of the Statement of Accounts dated
22-04-2024 is Annexed herewith as Annexure P-3.

i. 27.08.2022 The Respondent filed a complaint u/s 138 & 142 of

the NI Act, 1881 against the Petitioner No.2, under the false
pretext of the Petitioner No.1 having given a cheque bearing
Cheque No. 599545 of Rs. 18,29,731/- (Rupees Eighteen Lakh
Twenty Nine Thousand Seven Hundred Thirty One Only) drawn
 16

on the State Bank of India. Copy of the Complaint Under Section

138 & 142 Of The Negotiable Instruments Act, 1881 Pending
Before The Hon’ble Court Of The Chief Metropolitan Magistrate,
South-West, Dwarka District Courts, New Delhi Bearing Cc Ni
Act/27603/2022 is annexed herewith as Annexure P- .
j. The matter was referred to Dwarka mediation center for the
settlement wide order dated 29.04.2024. However, despite best
efforts the matter couldn’t be settled and the proceedings have
been restored in the Hon’ble Court of the Metropolitan
Magistrate, Dwarka District Courts. True Copy of order dated
29.04.2024 in CC NI ACT 27603 OF 2022 by Court of
Chief Metropolitan Magistrate Dwarka District Court,
New Delhi is annexed herewith as Annexure P- .
k. As per the Statement of Account issued by the Respondent on
22-04-2024, the outstanding installment dues was at Rs.
9,29,516.42/- (Rupees Nine Lacs, Twenty Nine Thousand, Five
Hundred Sixteen and Forty Two paisa). However, as per the very
same Statement of Accounts, it can be inferred that the
Petitioner No.1 has paid Rs. 14,04,499.02 over and above the
loan amount Rs. 20,98,933.00. Further, the Complaint has been
instituted against the Petitioner No.2 who is simply the
guarantor and a false complaint has been filed on the cheque
that he had handed over to the Respondent as proof of his
banking account and details
l. A table demonstrating the payments made so far by the
Petitioner No.1 with respect to the aforesaid loan, is laid out
here for this Hon’ble Court’s kind perusal :

Table listing the payments made so far by the Petitioner No.1

 17

28.02.2020 Payment Received (Installment 1) 55,358.00

02.03.2020 Payment Received (Installment 2) 52.00
24.03.2020 Payment Received (Installment 2) 55,306.00
13.04.2020 Payment Received (Installment 3) 55,358.00
22.09.2020 Payment Received (Installment 4) 57,491.00
05.10.2020 Payment Received (Installment 5) 55,358.00
07.10.2020 Payment Received (Installment 5) 2,133.00
11.11.2020 Payment Received (Installment 6) 2,693.00
30.12.2020 Payment Received (Installment 6) 54,798.00
30.12.2020 Payment Received (Installment 7) 2,702.00
31.01.2021 Payment Received (Installment 7) 54,789.00
31.01.2021 Payment Received (Installment 8) 2,711.00
28.02.2021 Payment Received (Installment 8) 54,780.00
28.02.2021 Payment Received (Installment 9) 2,720.00
04.03.2021 Payment Received (Installment 9) 54,771.00
510960
04.03.2021 Payment Received (Installment 10) 587.00
08.03.2021 Payment Received (Installment 10) 2,133.00
05.04.2021 Payment Received (Installment 10) 54,771.00
05.04.2021 Payment Received (Installment 11) 587.00
07.04.2021 Payment Received (Installment 11) 2,133.00
04.05.2021 Payment Received (Installment 11) 54,771.00
625942
04.05.2021 Payment Received (Installment 12) 587.00
06.05.2021 Payment Received (Installment 12) 2,133.00
30.06.2021 Payment Received (Installment 12) 54,771.00
30.06.2021 Payment Received (Installment 13) 2,729.00
31.07.2021 Payment Received (Installment 13) 54,762.00
04.11.2021 Payment Received (Installment 14) 2,133.00
30.11.2021 Payment Received (Installment 14) 52,620.00
30.11.2021 Payment Received (Installment 15) 4,880.00
30.11.2021 Payment Received (Installment 15) 52,611.00
30.11.2021 Payment Received (Installment 16) 4,889.00
03.12.2021 Payment Received (Installment 16) 2,133.00
02.02.2022 Payment Received (Installment 16) 50,469.00
02.02.2022 Payment Received (Installment 17) 4,889.00
04.02.2022 Payment Received (Installment 17) 2,133.00
21.06.2023 Payment Received (Installment 17) 50,469.00
21.06.2023 Payment Received (Installment 18) 57,491.00
1025641
21.06.2023 Payment Received (Installment 19) 57,491.00
21.06.2023 Payment Received (Installment 20) 57,491.00
21.06.2023 Payment Received (Installment 21) 57,491.00
 18

21.06.2023 Payment Received (Installment 22) 57,491.00

21.06.2023 Payment Received (Installment 23) 57,491.00
21.06.2023 Payment Received (Installment 24) 57,491.00
21.06.2023 Payment Received (Installment 25) 57,491.00
21.06.2023 Payment Received (Installment 26) 57,491.00
21.06.2023 Payment Received (Installment 27) 57,491.00
21.06.2023 Payment Received (Installment 28) 57,491.00
21.06.2023 Payment Received (Installment 29) 57,491.00
30.07.2023 Payment Received (Installment 30) 5.22
30.07.2023 Payment Received (Installment 30) 39,691.80

Total amounts received (31 instalments) : 27,23,380.02

Vehicle was sold at (after Arbitral award) : 7,80,052.80

Total amounts received by CNH Industrial Capital (India) Private

Limited :
35,03,432.02

Total Cost of the Vehicle : Rs. 27,00,000.00

Total Loan amount : Rs. 20,98,933.00
Amount paid over and above principal: Rs. 14,04,499.02

m. From the aforesaid it can be inferred that the Petitioner No.1 has
paid Rs. 14,04,499.02 over and above the loan amount Rs.
20,98,933.00. Further, the Complaint has been instituted against the
Petitioner No.2 who is simply the guarantor and a false complaint
has been filed on the cheque that he had handed over to the
Respondent as proof of his banking account and details.

GROUNDS

9) That allowing the Respondent to pursue the Complaint

against the Petitioners would be an abuse of process is also

not in the interest of justice. From the aforesaid it can be

inferred that the Petitioner No.1 has paid Rs. 14,04,499.02

over and above the loan amount Rs. 20,98,933.00. Further,

 19

the Complaint has been instituted against the Petitioner No.2

who is simply the guarantor and a false complaint has been

filed on the cheque that he had handed over to the

Respondent as proof of his banking account and details

10) That the ingredients necessary to constitute the offence

under Section 138 of the N.I. Act is missing in the instant

case and therefore the appellant cannot be prosecuted for the

offence under the said provision.

11) The ingredients of the offence under Section 138 are:

(i) The drawing of a cheque by person on an account

maintained by him with the banker for the payment of

any amount of money to another from that account;

(ii) The cheque being drawn for the discharge in whole or

in part of any debt or other liability;

(iii) Presentation of the cheque to the bank;

(iv) The return of the cheque by the drawee bank as unpaid

either because the amount of money standing to the

credit of that account is insufficient to honour the

cheque or that it exceeds the amount arranged to be

paid from that account;

 20

(v) A notice by the payee or the holder in due course

making a demand for the payment of the amount to the

drawer of the cheque within 30 days of the receipt of

information from the bank in regard to the return of the

cheque; and

(vi) The drawer of the cheque failing to make payment of

the amount of money to the payee or the holder in due

course within 15 days of the receipt of the notice.

12) The nature of the offence under Section 138 of the NI

Act is quasi-criminal in that, while it arises out of a civil

wrong, the law, however, imposes a criminal penalty in the

form of imprisonment or fine. The purpose of the enactment

is to provide security to creditors and instill confidence in the

banking system of the country. The nature of the proceedings

under Section 138 of the NI Act was considered by a three

judge Bench decision of this Court in P Mohanraj and Others

v. Shah Brothers Ispat Private Limited21, where Justice RF

Nariman, after adverting to the precedents of this Court,

observed that:

“53. A perusal of the judgment in Ishwarlal Bhagwandas [S.A.L. Narayan

Row v. Ishwarlal Bhagwandas, (1966) 1 SCR 190 : AIR 1965 SC 1818]

 21

would show that a civil proceeding is not necessarily a proceeding which

begins with the filing of a suit and culminates in execution of a decree. It

would include a revenue proceeding as well as a writ petition filed under

Article 226 of the Constitution, if the reliefs therein are to enforce rights

of a civil nature. Interestingly, criminal proceedings are stated to be

proceedings in which the larger interest of the State is concerned. Given

these tests, it is clear that a Section 138 proceeding can be said to be a

“civil sheep” in a “criminal wolf’s” clothing, as it is the interest of the

victim that is sought to be protected, the larger interest of the State being

subsumed in the victim alone moving a court in cheque bouncing cases,

as has been seen by us in the analysis made hereinabove of Chapter

XVII of the Negotiable Instruments Act.”

13) That there is no existing debt or liability remained on to

the petitioners as even after paying 31 installments the

Respondent already took possession of the machinery and

sold it off, as the amount has already been settled after the

transactional arrangement between the complainant and the

accused reveals the nature of obligations that both had

undertaken. It is also relevant to bear in mind that the

burden of proving that there is no existing debt or liability, is

to be discharged. Further, the Complaint has been instituted

against the Petitioner No.2 who is simply the guarantor and

a false complaint has been filed on the cheque that he had

 22

handed over to the Respondent as proof of his banking

account and details

14) It is in this backdrop that we must now analyze the

issue regarding pendency of parallel proceedings for

complaints under Section 138 of the NI Act. The question that

arises for our consideration is whether once the payments

have been done, which is Rs. 14,04,499.02 over and above

the loan amount Rs. 20,98,933.00 can the complainant be

allowed to pursue the original complaint under Section 138

of the NI Act.

15) That the action of respondent in proceeding with the ex

parte arbitral award, taking repossession and selling the

vehicle and filling the present criminal proceedings amounts

to double jeopardy. The complaint lodged against the

petitioner is liable to be quashed. The petitioner should not

suffer for no offence.

16) That the Petitioner craves leave to add, alter and/or

delete the averments in the Petition, if any, as and when

necessary with the kind permission of this Hon’ble Court.

17) That Petitioner resides at the address given in the cause

title of Petition and the complaint under challenge, has been

 23

filed in The Court of Chief Metropolitan Magistrate Dwarka

District Court, New Delhi. Hence, this Hon’ble Court has

jurisdiction to try and adjudicate upon the present petition.

18) BECAUSE if the criminal proceedings against the

Petitioner are allowed to continue, it will cause them severe

prejudice.

19) That the Petitioner submits that he has no alternative

remedy but to approach this Hon’ble Court under Article 226

of the Constitution of India and Section 482 of the Criminal

Procedure Code. The reliefs prayed for in the present petition

if granted shall be adequate remedy for the grievances of the

Petitioner.

20) That the Petitioner submits that there has been no delay

or laches in filing the present petition.

21) That the Petitioner states that he has not filed any other

or similar Petition, Application, Appeal or Revision either

before this Hon’ble Court or before the Hon’ble Supreme

Court of India or in any other Court pertaining to the subject

matter, seeking similar reliefs as prayed in the present

petition.
 24

PRAYER

It is therefore, respectfully prayed that this Hon'ble Court

may kindly be pleased to:-

i) Quash The Complaint Under Section 138 & 142 Of

The Negotiable Instruments Act, 1881 Pending
Before The Hon’ble Court Of The Chief
Metropolitan Magistrate, South-West, Dwarka
District Courts, New Delhi Bearing Cc Ni
Act/27603/2022.
ii) Quash the Summons Dated 10-11-2023 Issued By
The Hon’ble Court Of The Chief Metropolitan
Magistrate, South-West, Dwarka District Courts,
New Delhi In Cc Ni Act/27603/2022
iii) Pass any other or further order in favor of
Petitioner which this Hon'ble Court may deem fit
and proper in the facts and circumstances of the
case in the interest of justice.

FOR THIS ACT OF KINDNESS THE HUMBLE PETITIONER

AS DULY BOUND SHALL EVER PRAY.

THROUGH

PLACE : NEW DELHI

 25

Adeel Ahmed & Sana Parveen

DATED : 31/07/2024 14, Lawyers chamber,
Supreme court of India
New Delhi 110001
 26
I
IN THE DELHI HIGH COURT OF INDIA AT NEW DELHI

IN THE MATTER OF:

Deewan Rahizu ddin Ahmed ... Petitioner
Versus

CNH Industrial Capital India Pvt. Ltd. ... Respondents

AFFIDAVIT

I Deewa n Rahizu ddin Ahmed S / o Lt Dewan Tahizu ddin Ahmed

(dead) Vill Balar Pather P.O Showp ur PS Kalaga chia Dist. - Barpet a

(Assam) Presen tly in new Delhi I , do hereby solemn ly affirm and

declare as under: -

1. That I am the Petitio ner/ Compl ainant in the presen t petition. I

am well acquai nted with the facts and circum stance s of the case

and compe tent to swear this affidavit.

2. The accomp anying petition along with the accomp anying

applica tions have been drafted and filled by my counse l on my

instruc tions and have been explain ed to me in vernac ular

/t~ QJ~ langua ge. I have fully u ndersto od the conten ts of the same. The
A
,lf '1. r
I

a.~ ents contain ed therein are true and correct to the best of
( IJ .1'111,
',-.., if>t.n. /:!I/ 'I/if/
,o~
\..cl O/t Iv. ~.,
. o. ,:,
"012 *
 27

averments contained therein are true and correct to the best of

my knowledge and belief. No part thereof is false and nothing

material has been concealed therefrom.

3. That the annexures to the accompanying Application are true

copies of the respective originals.

_)) two., %hi~Ji~ Al~~
DEPONENT

VERIFICATION:
2 i; SEP ?O?I
/: Verified at Delhi on this v day of September, 2024 that the
Q·
t:J.~ contents of this affidavit are true and correct to the knowledge of
/ the Deponent and nothing material has been concealed
if' therefrom.
t$ :$--i
r
~-:...~
f'\ .Jlj
~ !-:, -
......

ATT;;IED
f,JOTA Y UBL I C
(O l=Ll · I N D IA)

25 SEP 2024
 Annexure P-1
28
55CC NI ACT27603/2022
CNH INDUSTRIAL CAPITAL INDIA PVT LTD
Vs. DEWAN RAHIZUDDIN AHMED

10.11.2023

Court Proceeding through Video Conferencing using Cisco Webex software

Present: Sh. Aftab Ahmed Ld. counsel for the complainant.

Today the matter is listed for compliance and arguments on summoning.

Ld. counsel for the complainant submit that the original documents have
been deposited with the Reader/Ahlmad of this court. Reader/Ahlmad of this court
has confirmed that she has received the original documents. She is directed to keep
the original documents in safe custody.
This is a complaint filed for an offence punishable u/s 138 of the
Negotiable Instruments Act. Complaint affidavit of evidence and other annexed
documents perused. I take cognizance of said offence.
Arguments on summoning heard. Record perused.
On consideration of the complaint, annexed documents and the verification
affidavit of the complainant in the light of law laid down in A.C. Narayanan vs.
State of Maharashtra (2014) 11 SCC 790 this Court is of the opinion that prima
facie there are sufficient grounds for proceeding against the accused no. 1 for the
commission of offence under Section 138, Negotiable Instruments Act, 1881.
However, complaint qua the remaining accused persons is dismissed as the cheque in
question is not drawn on an account maintained by them.
The complaint is filed within the period of limitation as prescribed under
Section 142(1)(b) of the Negotiable Instruments Act. In terms of inquiry conducted
under Section 202 CrPC, all the statutory requirements have been complied with.
Accordingly, let accused no. 1 DEWAN RAHIZUDDIN AHMED be
summoned on filing of PF, RC/ Speed Post/ approved Courier service/ for
29.04.2024. Service of E-summons be also affected through SMS/Whatsapp/Other
 29
instant messaging service. The process server is directed to serve the summons by
way of affixation, if premises are found closed or same could not be served
personally or on any adult male member.
Ld. Counsel is further directed to file duly filled mandatory NI Act
Complaint Meta Data Form before filing first PF.
As per the guidelines laid down in Damodar S. Prabhu Vs. Sayed Babalal H,
AIR 2010 (SC) 1907, Ahlmad is directed to make a mention on the summons issued
against the accused (by adding separate sheet, if required) that ”accused can make an
application for compounding of the offence at the first and second hearing of the case and
if such an application is made, compounding may be allowed by the Court without
imposing any costs on the accused.”
Complainant is directed to file PF and take steps within 15 days including
providing copy(ies) of the complaint otherwise the complaint may be dismissed U/s
204(4) Cr. P.C.
Accused is directed to appear before this court through video conferencing on
Cisco Webex through the permanent Cisco Webex VC Room ID
https://districtcourtdwarka.webex.com/meet/MMNIActDigitalCourt06.
Put up for appearance of the accused/furnishing of bail/ consideration of
notice on 29.04.2024 at 10:00 A.M.

Digitally signed
MANUJ by MANUJ
KAUSHAL
KAUSHAL Date: 2023.11.10
12:07:11 +0530
(MANUJ KAUSHAL)
MM (NI ACT )/DIGITAL COURT-06,
SOUTH WEST, DWARKA COURT,
NEW DELHI/10.11.2023
Loan Account No : 34820 Annexure P-2 Page 1 of 7
CNH Industrial Capital (India) Private Limited
30
Statement of Account as on : 22-Apr-24, 5:28:04PM Region : Assam Product : Construction Equipment Loan

Customer Coordinates :

Loan Account No : 34820 Customer Name : Jahanara Khatun

Address : Vill/Town:Balapathar, PS:Kalgachia, Sub Divn:Barpeta, Dist:Barpeta, Assam, Pincode:781319, , , ASSAM-781319
Mobile No : 6900636266 Email ID :

Loan Details:

Asset Cost (Rs.) : 2,700,000.00 Interest Rate (PA) : 11.16 Tenure (Months) : 51
Loan Amount (Rs.) : 2,098,933.00 Contract Start Date : 29 Dec 2019 Loan Status : Written Off - Balance Sheet
First Installment Due Date : 02 Feb 2020 Last Installment Due Date : 02 Dec 2022 Repossession State : --
Manufacturer : CNHi Construction Model : 851 EX Vehicle Registration :

Repayment Schedule:

EMI Count From To Installment Frequency EMI Amt

3 02 Feb 2020 02 Apr 2020 Monthly 55,358.00
28 02 Sep 2020 02 Dec 2022 Monthly 57,491.00

Summary of Outstanding's:

Outstanding Installment Excess Over Due Bouncing Charges Bouncing Charges Total Outstanding Future Principal
Dues Received Charges Outstanding Received

929,516.42 0.00 0.00 0.00 590.00 929,516.42 0.00

Transactions:

Sno TransactionDate Particulars Status Payment Method ExpectedAmount ActualAmount RunningBalance Principal Outstanding

1 02.02.2020 Installment 1 Processed Cheque Receivable 55,358.00 0.00 55,358.00 2,098,933.00

2 02.02.2020 Payment Rejected (Installment 1) Rejected Cheque Receivable 0.00 55,358.00 55,358.00 2,098,933.00

3 02.02.2020 Bounce Charges (Installment 1) Processed Cheque Receivable 590.00 0.00 55,948.00 2,098,933.00

4 28.02.2020 Payment Received (Bounce Charges) Processed Internet Payment 0.00 590.00 55,358.00 2,098,933.00

5 28.02.2020 Payment Received (Installment 1) Processed Internet Payment 0.00 55,358.00 0.00 2,065,967.40

6 02.03.2020 Installment 2 Processed Cheque Receivable 55,358.00 0.00 55,358.00 2,065,967.40

7 02.03.2020 Payment Rejected (Installment 2) Rejected Cheque Receivable 0.00 55,358.00 55,358.00 2,065,967.40

8 02.03.2020 Bounce Charges (Installment 2) Pending Cheque Receivable 590.00 0.00 55,948.00 2,065,967.40

9 02.03.2020 Payment Received (Installment 2) Processed Internet Payment 0.00 52.00 55,896.00 2,065,967.40

10 24.03.2020 Payment Received (Installment 2) Processed Cheque Receivable 0.00 55,306.00 590.00 2,028,855.07

11 02.04.2020 Installment 3 Processed HDFC Direct Debit 55,358.00 0.00 55,948.00 2,028,855.07

12 13.04.2020 Payment Received (Installment 3) Processed Direct Debit 0.00 55,358.00 590.00 1,992,656.51

13 02.09.2020 Installment 4 Processed HDFC Direct Debit 57,491.00 0.00 58,081.00 1,992,656.51

Statement Generated On: 22-Apr-24, 5:28:04PM

Page 1 of 7
Loan Account No : 34820 Page 2 of 7
CNH Industrial Capital (India) Private Limited
31
14 02.09.2020 Payment Rejected (Installment 4) Rejected HDFC Direct Debit 0.00 57,491.00 58,081.00 1,992,656.51

15 02.09.2020 Bounce Charges (Installment 4) Pending HDFC Direct Debit 0.00 0.00 58,081.00 1,992,656.51

16 22.09.2020 Payment Received (Installment 4) Processed Cash Receivable 0.00 57,491.00 590.00 2,030,128.01

17 02.10.2020 Installment 5 Processed HDFC Direct Debit 57,491.00 0.00 58,081.00 2,030,128.01

18 05.10.2020 Payment Received (Installment 5) Processed Direct Debit 0.00 55,358.00 2,723.00 1,993,386.94

19 07.10.2020 Payment Received (Installment 5) Processed Direct Debit 0.00 2,133.00 590.00 1,991,253.94

20 02.11.2020 Installment 6 Processed HDFC Direct Debit 57,491.00 0.00 58,081.00 1,991,253.94

21 02.11.2020 Payment Rejected (Installment 6) Rejected HDFC Direct Debit 0.00 57,491.00 58,081.00 1,991,253.94

22 02.11.2020 Bounce Charges (Installment 6) Pending HDFC Direct Debit 0.00 0.00 58,081.00 1,991,253.94

23 11.11.2020 Payment Received (Installment 6) Processed Cheque Receivable 0.00 2,693.00 55,388.00 1,991,253.94
(Final Ex Gratia RTL
Amount)

24 30.12.2020 Payment Received (Installment 6) Processed Cash Receivable 0.00 54,798.00 590.00 1,952,634.98

25 02.12.2020 Installment 7 Processed HDFC Direct Debit 57,491.00 0.00 58,081.00 1,952,634.98

26 02.12.2020 Payment Rejected (Installment 7) Rejected HDFC Direct Debit 0.00 57,491.00 58,081.00 1,952,634.98

27 02.12.2020 Bounce Charges (Installment 7) Pending HDFC Direct Debit 0.00 0.00 58,081.00 1,952,634.98

28 30.12.2020 Payment Received (Installment 7) Processed Cash Receivable 0.00 2,702.00 55,379.00 1,952,634.98

29 31.01.2021 Payment Received (Installment 7) Processed Cash Receivable 0.00 54,789.00 590.00 1,913,050.35

30 02.01.2021 Installment 8 Processed HDFC Direct Debit 57,491.00 0.00 58,081.00 1,913,050.35

31 31.01.2021 Payment Received (Installment 8) Processed Cash Receivable 0.00 2,711.00 55,370.00 1,913,050.35

32 28.02.2021 Payment Received (Installment 8) Processed Cash Receivable 0.00 54,780.00 590.00 1,873,690.29

33 02.02.2021 Installment 9 Processed HDFC Direct Debit 57,491.00 0.00 58,081.00 1,873,690.29

34 02.02.2021 Payment Rejected (Installment 9) Rejected HDFC Direct Debit 0.00 57,491.00 58,081.00 1,873,690.29

35 02.02.2021 Bounce Charges (Installment 9) Pending HDFC Direct Debit 0.00 0.00 58,081.00 1,873,690.29

36 28.02.2021 Payment Received (Installment 9) Processed Cash Receivable 0.00 2,720.00 55,361.00 1,873,690.29

37 04.03.2021 Payment Received (Installment 9) Processed Direct Debit 0.00 54,771.00 590.00 1,833,957.24

38 02.03.2021 Installment 10 Processed HDFC Direct Debit 57,491.00 0.00 58,081.00 1,833,957.24

Statement Generated On: 22-Apr-24, 5:28:04PM

Page 2 of 7
Loan Account No : 34820 Page 3 of 7
CNH Industrial Capital (India) Private Limited
32
39 04.03.2021 Payment Received (Installment 10) Processed Direct Debit 0.00 587.00 57,494.00 1,833,957.24

40 08.03.2021 Payment Received (Installment 10) Processed Direct Debit 0.00 2,133.00 55,361.00 1,833,957.24

41 05.04.2021 Payment Received (Installment 10) Processed Direct Debit 0.00 54,771.00 590.00 1,792,158.41

42 02.04.2021 Installment 11 Processed HDFC Direct Debit 57,491.00 0.00 58,081.00 1,792,158.41

43 05.04.2021 Payment Received (Installment 11) Processed Direct Debit 0.00 587.00 57,494.00 1,792,158.41

44 07.04.2021 Payment Received (Installment 11) Processed Direct Debit 0.00 2,133.00 55,361.00 1,792,158.41

45 04.05.2021 Payment Received (Installment 11) Processed Direct Debit 0.00 54,771.00 590.00 1,751,652.73

46 02.05.2021 Installment 12 Processed HDFC Direct Debit 57,491.00 0.00 58,081.00 1,751,652.73

47 04.05.2021 Payment Received (Installment 12) Processed Direct Debit 0.00 587.00 57,494.00 1,751,652.73

48 06.05.2021 Payment Received (Installment 12) Processed Direct Debit 0.00 2,133.00 55,361.00 1,751,652.73

49 30.06.2021 Payment Received (Installment 12) Processed Cash Receivable 0.00 54,771.00 590.00 1,710,225.22

50 02.06.2021 Installment 13 Processed HDFC Direct Debit 57,491.00 0.00 58,081.00 1,710,225.22

51 02.06.2021 Payment Rejected (Installment 13) Rejected HDFC Direct Debit 0.00 57,491.00 58,081.00 1,710,225.22

52 02.06.2021 Bounce Charges (Installment 13) Pending HDFC Direct Debit 0.00 0.00 58,081.00 1,710,225.22

53 30.06.2021 Payment Received (Installment 13) Processed Cash Receivable 0.00 2,729.00 55,352.00 1,710,225.22

54 31.07.2021 Payment Received (Installment 13) Processed Cash Receivable 0.00 54,762.00 590.00 1,668,943.10

55 02.07.2021 Installment 14 Processed HDFC Direct Debit 57,491.00 0.00 58,081.00 1,668,943.10

56 02.07.2021 Payment Rejected (Installment 14) Rejected HDFC Direct Debit 0.00 57,491.00 58,081.00 1,668,943.10

57 02.07.2021 Bounce Charges (Installment 14) Pending HDFC Direct Debit 0.00 0.00 58,081.00 1,668,943.10

58 31.07.2021 Payment Received (Installment 14) Processed Cash Receivable 0.00 2,738.00 55,343.00 1,668,943.10

59 04.11.2021 Payment Received (Installment 14) Processed Direct Debit 0.00 2,133.00 53,210.00 1,668,943.10

60 30.11.2021 Payment Received (Installment 14) Processed Cash Receivable 0.00 52,620.00 590.00 1,626,757.19

61 02.08.2021 Installment 15 Processed HDFC Direct Debit 57,491.00 0.00 58,081.00 1,626,757.19

62 02.08.2021 Payment Rejected (Installment 15) Rejected HDFC Direct Debit 0.00 57,491.00 58,081.00 1,626,757.19

63 02.08.2021 Bounce Charges (Installment 15) Pending HDFC Direct Debit 0.00 0.00 58,081.00 1,626,757.19

Statement Generated On: 22-Apr-24, 5:28:04PM

Page 3 of 7
Loan Account No : 34820 Page 4 of 7
CNH Industrial Capital (India) Private Limited
33
64 30.11.2021 Payment Received (Installment 15) Processed Cash Receivable 0.00 4,880.00 53,201.00 1,626,757.19

65 30.11.2021 Payment Received (Installment 15) Processed Cash Receivable 0.00 52,611.00 590.00 1,584,684.09

66 02.09.2021 Installment 16 Processed HDFC Direct Debit 57,491.00 0.00 58,081.00 1,584,684.09

67 02.09.2021 Payment Rejected (Installment 16) Rejected HDFC Direct Debit 0.00 57,491.00 58,081.00 1,584,684.09

68 02.09.2021 Bounce Charges (Installment 16) Pending HDFC Direct Debit 0.00 0.00 58,081.00 1,584,684.09

69 30.11.2021 Payment Received (Installment 16) Processed Cash Receivable 0.00 4,889.00 53,192.00 1,584,684.09

70 03.12.2021 Payment Received (Installment 16) Processed Direct Debit 0.00 2,133.00 51,059.00 1,584,684.09

71 02.02.2022 Payment Received (Installment 16) Processed Direct Debit 0.00 50,469.00 590.00 1,542,212.28

72 02.10.2021 Installment 17 Processed HDFC Direct Debit 57,491.00 0.00 58,081.00 1,542,212.28

73 02.10.2021 Payment Rejected (Installment 17) Rejected HDFC Direct Debit 0.00 57,491.00 58,081.00 1,542,212.28

74 02.10.2021 Bounce Charges (Installment 17) Pending HDFC Direct Debit 0.00 0.00 58,081.00 1,542,212.28

75 02.02.2022 Payment Received (Installment 17) Processed Direct Debit 0.00 4,889.00 53,192.00 1,542,212.28

76 04.02.2022 Payment Received (Installment 17) Processed Direct Debit 0.00 2,133.00 51,059.00 1,542,212.28

77 21.06.2023 Payment Received (Installment 17) Processed Internet Payment 0.00 50,469.00 590.00 1,498,864.33

78 02.11.2021 Installment 18 Processed HDFC Direct Debit 57,491.00 0.00 58,081.00 1,498,864.33

79 02.11.2021 Payment Rejected (Installment 18) Rejected HDFC Direct Debit 0.00 57,491.00 58,081.00 1,498,864.33

80 02.11.2021 Bounce Charges (Installment 18) Pending HDFC Direct Debit 0.00 0.00 58,081.00 1,498,864.33

81 21.06.2023 Payment Received (Installment 18) Processed Internet Payment 0.00 57,491.00 590.00 1,455,579.26

82 02.12.2021 Installment 19 Processed HDFC Direct Debit 57,491.00 0.00 58,081.00 1,455,579.26

83 21.06.2023 Payment Received (Installment 19) Processed Internet Payment 0.00 57,491.00 590.00 1,411,436.94

84 02.01.2022 Installment 20 Processed HDFC Direct Debit 57,491.00 0.00 58,081.00 1,411,436.94

85 02.01.2022 Payment Rejected (Installment 20) Rejected HDFC Direct Debit 0.00 57,491.00 58,081.00 1,411,436.94

86 02.01.2022 Bounce Charges (Installment 20) Pending HDFC Direct Debit 0.00 0.00 58,081.00 1,411,436.94

87 21.06.2023 Payment Received (Installment 20) Processed Internet Payment 0.00 57,491.00 590.00 1,367,323.37

88 02.02.2022 Installment 21 Processed HDFC Direct Debit 57,491.00 0.00 58,081.00 1,367,323.37

Statement Generated On: 22-Apr-24, 5:28:04PM

Page 4 of 7
Loan Account No : 34820 Page 5 of 7
CNH Industrial Capital (India) Private Limited
34
89 21.06.2023 Payment Received (Installment 21) Processed Internet Payment 0.00 57,491.00 590.00 1,322,791.75

90 02.03.2022 Installment 22 Processed HDFC Direct Debit 57,491.00 0.00 58,081.00 1,322,791.75

91 02.03.2022 Payment Rejected (Installment 22) Rejected HDFC Direct Debit 0.00 57,491.00 58,081.00 1,322,791.75

92 02.03.2022 Bounce Charges (Installment 22) Pending HDFC Direct Debit 0.00 0.00 58,081.00 1,322,791.75

93 21.06.2023 Payment Received (Installment 22) Processed Internet Payment 0.00 57,491.00 590.00 1,276,619.66

94 02.04.2022 Installment 23 Processed HDFC Direct Debit 57,491.00 0.00 58,081.00 1,276,619.66

95 21.06.2023 Payment Received (Installment 23) Processed Internet Payment 0.00 57,491.00 590.00 1,231,228.49

96 02.05.2022 Installment 24 Processed HDFC Direct Debit 57,491.00 0.00 58,081.00 1,231,228.49

97 02.05.2022 Payment Rejected (Installment 24) Rejected HDFC Direct Debit 0.00 57,491.00 58,081.00 1,231,228.49

98 02.05.2022 Bounce Charges (Installment 24) Pending HDFC Direct Debit 0.00 0.00 58,081.00 1,231,228.49

99 21.06.2023 Payment Received (Installment 24) Processed Internet Payment 0.00 57,491.00 590.00 1,185,029.01

100 02.06.2022 Installment 25 Processed HDFC Direct Debit 57,491.00 0.00 58,081.00 1,185,029.01

101 02.06.2022 Payment Rejected (Installment 25) Rejected HDFC Direct Debit 0.00 57,491.00 58,081.00 1,185,029.01

102 02.06.2022 Bounce Charges (Installment 25) Pending HDFC Direct Debit 0.00 0.00 58,081.00 1,185,029.01

103 21.06.2023 Payment Received (Installment 25) Processed Internet Payment 0.00 57,491.00 590.00 1,138,769.89

104 02.07.2022 Installment 26 Processed HDFC Direct Debit 57,491.00 0.00 58,081.00 1,138,769.89

105 02.07.2022 Payment Rejected (Installment 26) Rejected HDFC Direct Debit 0.00 57,491.00 58,081.00 1,138,769.89

106 02.07.2022 Bounce Charges (Installment 26) Pending HDFC Direct Debit 0.00 0.00 58,081.00 1,138,769.89

107 21.06.2023 Payment Received (Installment 26) Processed Internet Payment 0.00 57,491.00 590.00 1,091,722.63

108 02.08.2022 Installment 27 Processed HDFC Direct Debit 57,491.00 0.00 58,081.00 1,091,722.63

109 02.08.2022 Payment Rejected (Installment 27) Rejected HDFC Direct Debit 0.00 57,491.00 58,081.00 1,091,722.63

110 02.08.2022 Bounce Charges (Installment 27) Pending HDFC Direct Debit 0.00 0.00 58,081.00 1,091,722.63

111 21.06.2023 Payment Received (Installment 27) Processed Internet Payment 0.00 57,491.00 590.00 1,044,579.30

112 02.09.2022 Installment 28 Processed HDFC Direct Debit 57,491.00 0.00 58,081.00 1,044,579.30

113 02.09.2022 Payment Rejected (Installment 28) Rejected HDFC Direct Debit 0.00 57,491.00 58,081.00 1,044,579.30

Statement Generated On: 22-Apr-24, 5:28:04PM

Page 5 of 7
Loan Account No : 34820 Page 6 of 7
CNH Industrial Capital (India) Private Limited
35
114 02.09.2022 Bounce Charges (Installment 28) Pending HDFC Direct Debit 0.00 0.00 58,081.00 1,044,579.30

115 21.06.2023 Payment Received (Installment 28) Processed Internet Payment 0.00 57,491.00 590.00 996,989.21

116 02.10.2022 Installment 29 Processed HDFC Direct Debit 57,491.00 0.00 58,081.00 996,989.21

117 02.10.2022 Payment Rejected (Installment 29) Rejected HDFC Direct Debit 0.00 57,491.00 58,081.00 996,989.21

118 02.10.2022 Bounce Charges (Installment 29) Pending HDFC Direct Debit 0.00 0.00 58,081.00 996,989.21

119 21.06.2023 Payment Received (Installment 29) Processed Internet Payment 0.00 57,491.00 590.00 948,641.91

120 02.11.2022 Installment 30 Written Off HDFC Direct Debit 17,793.98 0.00 18,383.98 948,641.91

121 02.11.2022 Payment Rejected (Installment 30) Rejected HDFC Direct Debit 0.00 17,793.98 18,383.98 948,641.91

122 02.11.2022 Bounce Charges (Installment 30) Pending HDFC Direct Debit 0.00 0.00 18,383.98 948,641.91

123 02.11.2022 Installment 30 Processed HDFC Direct Debit 39,697.02 0.00 58,081.00 948,641.91

124 02.11.2022 Payment Rejected (Installment 30) Rejected HDFC Direct Debit 0.00 39,697.02 58,081.00 948,641.91

125 02.11.2022 Bounce Charges (Installment 30) Pending HDFC Direct Debit 0.00 0.00 58,081.00 948,641.91

126 30.07.2023 Payment Received (Installment 30) Processed Cash Receivable 0.00 5.22 58,075.78 948,641.91

127 30.07.2023 Payment Received (Installment 30) Processed Internet Payment 0.00 39,691.80 18,383.98 915,158.03

128 14.12.2022 Installment 31 Written Off HDFC Direct Debit 854,231.44 0.00 872,615.42 915,158.03

129 02.12.2022 Installment 31 Written Off HDFC Direct Debit 57,491.00 0.00 930,106.42 915,158.03

130 02.12.2022 Payment Rejected (Installment 31) Rejected HDFC Direct Debit 0.00 57,491.00 930,106.42 915,158.03

131 02.12.2022 Bounce Charges (Installment 31) Pending HDFC Direct Debit 0.00 0.00 930,106.42 915,158.03

Statement Generated On: 22-Apr-24, 5:28:04PM

Page 6 of 7
Loan Account No : 34820 Page 7 of 7
CNH Industrial Capital (India) Private Limited
36
Kindly use the above said Loan account no for any future communications with us and For making the payment through RTGS/NEFT to clear your outstanding dues,
in this regard. Our Customer Service touch points are under : the bank details are as under :

Email to us : care.capitalindia@cnhind.com Account Holder Name : CNH Industrial Capital (India) Private Limited
Write to us at : CNH Industrial Capital (India) Private Limited
Plot No 14-A, 4th Floor, Sector 18, Gurgaon-122015, HR, India To Account No : CNHCRT34820
IFSC Code : HDFC0000003
Call Us At : 1800 258 2644 Bank Name : HDFC Bank Ltd
Bank Address : Kailash Building, 26, Kasturba Gandhi Marg
In case any change in your residential address or phone number, please inform us
New Delhi-110001
immediately to serve you better.

Thanking You
With Warm Regards,

For CNH Industrial Capital (India) Private Limited

Statement Generated On: 22-Apr-24, 5:28:04PM

Page 7 of 7
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 Annexure P-5 59
41CC NI ACT27603/2022
CNH INDUSTRIAL CAPITAL INDIA PVTLTD Vs. DEWAN RAHIZUDDIN AHMED

29.04.2024
Court Proceeding through Video Conferencing using Cisco Webex.
Present: Sh.Mohit Jangra, Ld. counsel for the complainant.
Sh.Adeel Ahmad, ld.counsel for accused.

On the last date of hearing summons were issued against the accused person. Accused
has entered appearance through counsel.
Fresh Vakalatnama filed on behalf of accused. Same is perused and taken on record.
Ld. counsel for the accused has moved an application for exemption from personal
appearance of the accused for today stating that the accused is a Sub-Inspector and is engaged in election
duty in Assam due to which he could not appear before the court and therefore prays that the appearance
of the accused be exempted for today.
Heard.
In view of the above submissions, accused is exempted from appearance for today only.
Accused is directed to be physically present before the court on NDOH.
Ld. counsel for accused has further stated that the accused has made complete payment
to the complainant company, however requested that the matter be referred to Mediation to
ascertain and resolve any outstanding amount, if any. Both the parties have been explained the
procedure and advantage of mediation process.
Let the matter be put up with consent of both parties before Mediation Cell on
09.05.2024 at 12:00 Noon and returnable to this Court on 31.07.2024 after process of mediation.
Parties are directed to appear before Mediation Cell and before the Court on dates fixed.
It is clarified that if the parties fail to appear before the mediation cell on the date and time fixed
cost will be imposed on the next date of hearing. It is further clarified that in compliance of the law
laid down in Dayawati v. Yogesh Kumar Gosain, 2017 SCC OnLine Del 11032, both parties be
present in the Court on the next date of hearing for recording of statement if mediation succeeds.
In case mediation fails, the parties be present before the Court on the next date of
hearing for appearance of accused, furnishing of bail and framing of notice.
Reader/Ahlmad is directed to E-mail the e-file complete in all respects to Mediation
Center well in time. Digitally
signed by
Dee i a Dee i a ada
Date:
ada 202 .0 .2
1 :37: 0
(DEEPIKA YADAV)
+0530

MM (NI ACT )/DIGITAL COURT-06,

SOUTH WEST, DWARKA COURT,
NEW DELHI/29.04.2024
 60

VAKALAT NAMA

IN THE SUPREME COURT OF INDIA

.c.M.I. APPELLATE JURISDICTTON
CRL ORIGINAL

SPECIAL LEAVE PETITION [CIVIL/CRL] NO. _ _ _ _ OF 2024

TRANSFER/WRIT PETITION [CIVIL/CRL] NO. _ _ _ _ OF
APPEAUREVIEW/CONTEMPT [CIVIL/CRL] NO. OF

Tu 1,,1 a. vi '<?(d')\2.u d sl;., Ake.) PETITIONER [SJ

Versus

C \1 ~ ul~ 'aJ uft kJ

I
1,.J.f RESPONDENT[S]

I/We Dt"!MI. '4kv'~ 6 A~eJ the

Petitioner[s]/Appellant[s]/Respondent[s) in the above Petition/Appeal hereby appoint and retain
Mr. Adeel Ahmed, Advocate, Supreme Court, to act and appear for me/us in the above
Petition/Appeal and on my/our behalf to conduct and prosecute the same and all the
proceedings that may be taken in respect of any application connected with the same or any
decree or order passed therein, including proceeding in taxation and application for Review, to
file and obtain return of documents and to deposit and receive money on my/our behalf in the
above Petition/Appeal an to represent me/us and to take all necessary steps on my/our behalf
in the above matter. I/We agree to ratify all acts done by the aforesaid, Advocates in pursuance
of this authority. I/We further authorise him to engage any other Advocate(s) on my/our behalf
or to enter into agreement or to agree for arbitration.

Dated this the ~ ay of A~""·)\ 2024.

cepted Satisfied

y~y"" i7.1,;.... w~ h..c.J

Petitioner[s]/Appellant[s]
Respondent[s]

To ADEELAHMED
The Registrar, Advocate
Supreme Court of India 14, Lawyer's Chamber
New Delhi. Supreme Court of India
New Delht-11000 1
Code No. 273AI Ph 2TV' ! 4
Sir,
Kindly entered my appearance on behalf of the petitioner(s)/responden s).

(AD AHMED)
Advocate for the petitioner(s)L spondent s)
14, Lawyers Chamber
Supreme Court of India
New Delhi
ode No.2734
Mob- 8585908959
adeelbox@gmail.com