IN THE COURT OF HON’BLE METROPOLITAN MAGISTRATE

31 st COURT AT VIKHROLI AT MUMBAI

C. C. No. of 2023

Mr. Anthony Andrews D’Souza,

Age-………, Occ-Service

Residing at Bldg.No. B/103/1, Vikhroli Shivai CHS,

Near Station Road, Vikhroli East, Mumbai- 400 083,

Mobile No- 9869336240 … Complainant

VERSUS

Mr. Sandesh Dighe

Flat No.1302, 13th Floor,
Sai Siddhi, Nr. Saraswat Co-op. Bank,
Vikhroli East, Mumbai-400083 ... Accused

HUMBLE COMPLAINT U/s. 156 (3) of CR.P.C OF

THE COMPLAINANT ABOVENAMED FOR THE
OFFENCE U/S.406, 420,506 of I.P.C.

MOST RESPECTFULLY SHEWETH:-

On behalf of the Complainant it is most humbly aan respectfully

submit as under:-

1. The Complainant states that he is residing at Bldg.No. B/103/1, Vikhroli

Shivai CHS, Near Station Road, Vikhroli East, Mumbai- 400 083, That the
Complainant is was lawful owner and occupier of Room no.15, situated at B-
Chawl, Gomeswadi, Hariyali Village, Vikhroli East, Mumbai- 400 083.
2. The Complainant further states that in year 2018 Mr. Sandesh Dighe
approached the Complainant with a proposal to redevelop Residential
premises i.e. Room no.15, situated at B-Chawl, Gomeswadi, Hariyali Village,
Vikhroli East, Mumbai- 400 083 (hereinafter referred as Room Premises) with
assurance to complete the construction of the residential premises and give
possession within 12 months of after taking possession of room for
development.

3. That in year 2018 Mr. Sandesh Dighe promised to give monetary

compensation and execute agreement for proposal made by Mr. Sandesh
Dighe therefore believing Mr. Sandesh Dighe’s offer as genuine and trusting
on the Management of the company, the Complainant had agreed to redevelop
his said room premises.

4. The Complainant states that the Complainant upon believing Mr. Sandesh
Dighe’s words and assurances had delivered peaceful possession of the said
room premises to Mr. Sandesh Dighe for redevelopment and Mr. Sandesh
Dighe had accepted the possession.

5. The Complainant states that however no redevelopment work has been

taken since 2018 and Mr. Sandesh Dighe neither executed an agreement no
benefits has been provided to the Complainant but Mr. Sandesh Dighe kept
giving false promises to the Complainant.

6. The Complainant states that the Complainant was shocked and surprised
that Mr. Sandesh Dighe had demolished the Complainant’s room premises
 however Mr. Sandesh Dighe have not started any kind of construction work
on the plot area of said room premises.

7. That the Complainant had given possession of his room premises to Mr.
Sandesh Dighe in month of 2018 but till today he has not given many alternate
accommodation whereas he had executed agreement with other members of
the vicinity and given them compensation and accommodation hence it clearly
reflects that Mr. Sandesh Dighe has ill motive and intention to deceive the
Complainant from the beginning therefore Mr. Sandesh Dighe had not signed
any agreement with the complainant and had taken possession of said room
premises without any compensation to the Complainant.

8. The Complainant states that the Complainant time and again requested Mr.
Sandesh Dighe for alternate accommodation and compensation but Mr.
Sandesh Dighe had given evasive replies and had threatened the Complainant
that “tujhko jo karna hai kar le koi kucch nahi ukhad sakta mera…mere picche
nete log ka hath hai” and also threatened the Complainant by “abhi tu dubara
mere idhar aaya to tereko aur tere gharvalo gayab kar dalunga….galti se bhi
idhar dikhne ka nahi mereko kucch puchhne ka nahi”

9. The Complainant states that the Complainant has suffered wrongful loss
due to Mr. Sandesh Dighe’s intentional negligence and suffering from mental
distress, Mr. Sandesh Dighe have cheated and duped the Complainant on the
basis of false promises and assurances.
10. The Complainant states that the specific performance of Mr. Sandesh
Dighe’s agreement which are violated or breached significantly are to be
rectified by Mr. Sandesh Dighe thus the Complainant has suffered loss of
property and consideration.

11. The Complainant states that he has sent notice to Mr. Sandesh Dighe
on …………………. for compensation and informed him about the offence
committed by the Mr. Sandesh Dighe. Hereto annexed the copy of Notice
as Exhibit-A.

12. The Complainant states that, the accused given false assurances and
promises for the redevelopment of the said room premises and has wrongfully
gained from the complainant and used the said room premises for his own
benefits which is serious offence and hence detail investigation is required to
be conducted / necessary from instance of accused and the persons
interrogation as who are involved in the present crime.

13. The Complainant states that the Accused neither replied nor paid any
compensation to the Complainant has ignored the notice of the
complainant thus crystal clear that the accused willfully and
intentionally caused wrongful loss and cheated the complainant on the
pretext of redevelopment of the said room premises.

14. The Complainant states that the complainant after no compensation or

reply was given by the Accused the complainant given a written
complaint to the Sr. Inspector of Police, Vikhroli Police Station on
 10/07/2023 and The Assistant Commissioner of Police, The Deputy
Commissioner of Police, Additional Commissioner of Police, The
Commissioner of Police on 10/07/2023. Hereto annexed and marked is copy
of written complaint as Exhibit-B.

15. The Complainant states that having jurisdiction to investiga te/

order investigation in the said incident but the concerned police station
did not give heed to Complainant Written Complaint.Therefore
Complainant does not have any other option but to knock the doors
and climb the steps of this hon’ble court for his r ights and obtaining
justice from this Hon’ble court.

16. Therefore Complainant further prays to this Hon’ble Court to

pass an appropriate order and give necessary directions U/s. 156 (3) of
Criminal Procedure Code to the concerned Ghatkopar Police Station
to carry out Investigation against the Alleged Accused persons U/s.
406, 420,506 of I.P.C.

17. The Complainants permanent place of residence is at, Bldg.No.

B/103/1, Vikhroli Shivai CHS, Near Station Road, Vikhroli East, Mumbai-
400 083 which is within the jurisdiction of this Hon’ble Court and
therefore, this Hon’ble Court has the jurisdiction to entertain, try and
dispose of this Complaint.
 It is therefore prayed as under:-

a) That, the Vikhroli Police Station may be directed to investigate the

matter u/s.156(3) of Cr.P.C.

b) Any other relief being granted as this Hon’ble Court may deem fit and
proper.

AND FOR THIS ACT OF YOUR KINDNESS THE COMPLAINANT

SHALL EVER PRAY.

Solemnly affirmed at Mumbai )

Dated this ____ _______, 2023 ) COMPLAINANT

Advocate for the Complainant

 VERIFICATION

I, Mr. Anthony Andrews D’Souza, Age-………, Occ-Service residing at

Bldg.No. B/103/1, Vikhroli Shivai CHS, Near Station Road, Vikhroli East, Mumbai-
400 083, do hereby state on solemn affirmation and declare that whatever
stated in the foregoing Paragraphs of the Complaint is true and correct to
the best of my knowledge and I believe the same to be true.

Solemnly affirmed at Mumbai )

Dated this ___ ________, 2023 )

COMPLAINANT

Advocate for the Complainant

 IN THE COURT OF HON’BLE METROPOLITAN
MAGISTRATE 31st COURT AT VIKHROLI
AT MUMBAI

C.C.No. of 2023

Mr. Anthony Andrews D’Souza

....Complainant
VERSUS

Mr. Sandesh Dighe

…. Accused

***********************************************
WRITTEN COMPLAINANT U/S.156(3) OF CR.P.C.

***********************************************
Dated this ____ day of _____, 2023

Advocate for the Complainant

 IN THE COURT OF HON’BLE METROPOLITAN
MAGISTRATE 31 st COURT AT VIKHROLI AT MUMBAI
C. C. No. of 2023

Mr. Anthony Andrews D’Souza .... Complainant

VERSUS

Mr. Sandesh Dighe … Accused

INDEX

SR.NO PARTICULAR PAGE NO.

1 Memo of Complaint
2
3
4
5
6
7 Vakalatnama

Place : Mumbai

Date : Complainant
 IN THE COURT OF HON’BLE METROPOLITAN
MAGISTRATE 31 st COURT AT VIKHROLI AT MUMBAI
C. C. No. of 2023

Mr. Anthony Andrews D’Souza .... Complainant

VERSUS

Mr. Sandesh Dighe … Accused

AFFIDAVIT OF COMPLAINANT

I, Mr. Anthony Andrews D’Souza, Age-………, Occ-Service residing at Bldg.No.

B/103/1, Vikhroli Shivai CHS, Near Station Road, Vikhroli East, Mumbai- 400 083,
do hereby state and declare as under :-

1. I say that I have filed the present case before this Hon’ble Court
against above said accused. I say that I am conversant with the facts of the
present case.

2. I say that I have not filed any other case other than present case on
same subject matter.

3. I say that I am making this affidavit to submit before this Hon’ble

Court.
4. Whatever stated by me is true and correct to the best of my own
knowledge and belief.

Solemnly affirm at Mumbai )

Dated this ___ day of ______ 2023 )
Complainant

Advocate for Complainant

VERIFICATION

I, Mr. Anthony Andrews D’Souza, Age-………, Occ-Service residing at

Bldg.No. B/103/1, Vikhroli Shivai CHS, Near Station Road, Vikhroli East, Mumbai-
400 083 abovenamed, do hereby state on solemn affirmation and declare that
whatever stated in the foregoing Paragraphs of the Complaint is true and
correct to the best of my knowledge and I believe the same to be true.

Solemnly affirmed at Mumbai )

Dated this ___ ________, 2023 )
COMPLAINANT

Advocate for the Complainant

 IN THE COURT OF HON’BLE METROPOLITAN
MAGISTRATE 31 st COURT AT VIKHROLI
AT MUMBAI
C. C. No. of 2023

Mr. Anthony Andrews D’Souza .... Complainant

VERSUS

Mr. Sandesh Dighe … Accused

VAKALATNAMA

I/We Mr.Rahat Ali Khan, hereby appoint SHRI DEEPAK KUMAR J. GIRI &

SHRI DILIP L. INKAR Advocates, High Court, Mumbai to act, appear and plead

for me/us in the above matter.

In the witness where I/We have set my/our hand/s to this writing

Mumbai this ____ day of __________, 2023

Witness :

Accepted
 IN THE COURT OF HON’BLE METROPOLITAN
MAGISTRATE 31 st COURT AT VIKHROLI
AT MUMBAI
C. C. No. of 2023

Mr. Anthony Andrews D’Souza .... Complainant

VERSUS

Mr. Sandesh Dighe … Accused

LIST OF WITNESSES

1. Complainant

2. Any other witnesses with permission of this Hon’ble court

Place: Mumbai

Date : ___/__/2023 Complainant

 IN THE COURT OF HON’BLE METROPOLITAN
MAGISTRATE 31 st COURT AT VIKHROLI
AT MUMBAI
C. C. No. of 2023

Mr. Anthony Andrews D’Souza .... Complainant

VERSUS

Mr. Sandesh Dighe … Accused

LIST OF DOCUMENTS

Place : Mumbai
Date : ___-__-2023 Complainant