To

The SHO,
PS-

Subject: Complaint against Sh. Islam Patel S/o Sh. Ishak Patel, R/o- Vijay
Nagar, INDORE (M.P.), Proprietor of M/s I.P. Fuel Station for
misappropriating cheques of complaint and for cheating and fraud
committed against the complainant using those cheques.

Sir

The complainant respectfully submits as under:-

1. That the Complainant M/s A2Z Green Waste Management Ltd.

(Formerly A2Z Infrastructure Limited & prior to that A2Z
Infrastructure Private Ltd.) is a limited company duly incorporated
and registered under the Companies Act, 1956, having its Registered
office at 28/142, Ground Floor, West Patel Nagar, Delhi-110008,
represented through its Authorized Representative Sh. Atul Krishna
Pandey. The Complainant has a PAN India presence in the business of
Collection, Segregation, Transportation, and Disposing of Municipal
Solid Wastes at designated sites, implementation of a scientific solid
waste management system and renovation, operation, maintenance
and construction of garbage dumping center, landfill sites in the
Municipal areas, in accordance with the Concession Agreement
executed with the Municipal Corporations/Urban Local Bodies.

2. That the Complainant provided its services to city of Indore as per the
agreement dated 24.01.2009 with Indore Municipal Corporation for
Secondary Transportation of Municipal Solid Wastes at designated
sites for 7 years.
3. That after the execution of above contract, the Complainant started its
operations in the city of Indore from and sincerely worked till 2015
but due to some disputes/differences with Indore Municipal
Corporation regarding delay in payment of long outstanding dues on
the part of IMC and due to several other violations committed by IMC,
Complainant could not continue its work and had to stop its
operations.

4. That the Complainant had purchased Diesel from M/s I.P. Fuel Station
during the period of March, 2013 to June, 2015 and made the
payments of outstanding amounts from time to time as per the bills
submitted by it. As on today, Complainant has no payment
outstanding towards accused as per records of Complainant. It is
pertinent to mention here that the Complainant did not purchase any
diesel from the accused person after June, 2015 because work/project
of Complainant had ended in Indore City in the Middle of 2015.
Further there were no dealings or any communication between the
Complainant and accused after the closure of work of Complainant in
Indore City.
5. That all of a sudden in the month of November, 2019, the
Complainant was shocked to receive a Legal notice dated 01.11.2019
which was sent by the accused through his Advocate for Dishonour of
a Cheque allegedly issued by Complainant, wherein the accused
demanded a sum of Rs.70,00,000/- in Figure and Rupees Seventeen
Lakhs in Words (in Hindi) from the Complainant against the purchase
of Diesel from the accused in the month of October, 2019.
6. That after receiving the above said notice, the Complainant searched
its account records and also talked to its contacts/trustworthy
employees/vendors etc. concerned with Indore MSW project to
ascertain the true facts and circumstances which might have given
rise to such unwarranted and unexpected event.
7. That after going through the account records, it became clear that
there was no outstanding payment against the Complainant with
regard to any liability towards accused person. Further it has come to
the notice and knowledge of the Complainant that accused have
somehow been able to manage/get more than one signed blank
cheques of the Complainant, in collusion with some erstwhile
employee(s) of Complainant, from the cheques which were kept by
officials of Complainant at site offices for the purpose of using the
same in emergency situations to run the business of Complainant
uninterrupted. The Complainant has also realized that the impugned
cheque is also one of those cheques which accused has misused
aginst the Complainant knowingly, willfully and deliberately with a
view to extort huge amounts illegally and malafidely from the
Complainant.
8. That the above misuse of the cheque in question is further clear from
the fact that cheque no. 010371 of UBI (cheque of same series/cheque
book having serial no. greater than the impugned cheque) has already
been encashed by accused in October, 2014, then how is it possible
for the Complainant to issue Cheque No. 010369 in October, 2019.
Further, the concerned bank account of the Complainant is dormant/
inoperative since 2015 and all the Authorised Signatories of the
alleged cheque have already left the job of the Complainant for more
than two/three years back, hence in these circumstances, question of
signing the alleged cheque on 16.10.2019 and issuing to accused does
not arise at all.
9. That since the Complainant has made no purchase of Diesel from the
accused after June 2015, there arises no question of issuing the
impugned cheque to the accused and therefore the accused is not the
“holder in due course” of the impugned cheque as per law. It is
submitted that the possession of the impugned cheque with the
 accused is illegal and a result of theft/misappropriation. Hence the
accused is guilty of Cheating and Fraud with intent to cause wrongful
loss to the Complainant and wrongful gain to himself.
10. That the Complainant has duly replied the above mentioned
Legal Notice sent by the accused vide reply dated 19.11.2019 wherein
the Complainant requested the accused to return the above mentioned
illegally procured/obtained cheques and to withdraw the impugned
Legal notice within 15 days but even after passage of more than a
month, the accused has neither returned the above said cheques nor
has withdrawn his Legal Notice till date and is adamant to continue
with his illegal acts.
11. That from the abovementioned facts and circumstances, it is
quite clear that the accused is guilty of committing Cheating and
Fraud with intent to cause wrongful loss to the Complainant and
wrongful gain to himself. Hence the accused person is liable to be
punished under sections 406/420 of IPC and other applicable laws.

It is therefore, most humbly prayed that the accused

person may kindly be summoned and punished as per law after
registering FIR against him, in the interest of justice.

Date:
COMPLAINANT

M/s A2Z Green Waste Management Ltd.

Through:

Authorized Representative