IN THE HON’BLE COURT OF Jt. C. J. J. D. / J. M. F.

C.
AT THANE, THANE,

CRI. CASE NO. S.C.C. 12377 / 2018

Mr. Ison Picardo )

...Complainant
V/S.

Mr. Pinapati Sai Krishna )

Director of )
M/s. Vrijeme Technologies Private Limited )
(A Company Regd. under Company Act 2003)

...Accused

Verification

I, Mr. Ison Picardo aged about 41 years the Complainant

herein above beg to state on solemn affirmation as under:
-

1. I say that I filed the complaint against the Accused

above named, I am conversant with the facts of the
case, I am able to depose the same. I know the
Accused Mr. Pinapati Sai Krishna, Director of M/s.
Vrijeme Technologies Private Limited, Having
office at address mentioned at cause title of the case.

2. I say that the Accused approach me with a request of

investment in his company. The Accused assured me
that if I invest Rs. 5,00,000/ - in his company than
he will provide me return of 9% p.a. and will return
my money in 3 months and also take me on board of
director of the company.
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3. I Say that on 09 March 2018 Rs. 1,50,000/ - was paid
to the accused vide NEFT/RTGS Drawn on
Corporation bank. I say that on 19 March 2018 Rs.
3,50,000/- was paid to the accused vide NEFT/RTGS
Drawn on Corporation bank. (The Photocopy of Bank
Statement hereby annexed for you kind perusal and
marked as “Exhibit A”).

4. I say that the Accused was ignoring my calls and

other communication mode for recovering my money.
I further say that in the months of July I asked him
to return my money when the accused was in
Mumbai.

5. I say that the accused issued me a Cheque of Rs.

5,00,000/- dated 17/07/2018, with No. 432034
drawn on Federal Bank Limited. I further say that I
deposited the cheque 07/08 /2018, the cheque was
returned by his bank and Memo stated of bank state
the reason of return as “Fund Insufficient”. (The
Photocopy of the Cheque and the Memo hereby
annexed for your kind perusal and marked as
“Exhibit B Colly”).

6. I say that as soon the cheque got returned, I informed

the same to the Accused. The Accused assured me
that due to some technical reason the money was not
available in his account and sent me another cheque
of Amount Rs. 5,30,000/- with No. 432036, dated
20/09/2018 drawn on
The Federal Bank Limited, this cheque too when
deposited reached the same faith for the same reason
“Fund Insufficient”.

I Further say that the Accused pleaded me to give

him another opportunity to clear the money which I
did and as per his request I deposited the cheque
again on 15/11/2018 but this time to the cheque was
returned for the same reason “Fund Insufficient”
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(The Photocopy of the Cheque and the Both the
Memos hereby annexed for your kind perusal and
marked as “Exhibit C Colly”).

7. I say that the accused was served Notice Under

Section 138, of Negotiable Instrument Act 1881, for
the Cheque Dishonored due to insuffic ient funds on
20/11/2018 by Registered Speed Post with due
acknowledgement. (The photocopy of the said legal
demand notice and postal receipts are hereby
annexed and marked as “Exhibit D Colly”).

8. I say that Accused however, failed and neglected to

make the payment of Rs. 5, 30, 000/- as called upon
within 15 days from the receipt of the said notice,
and /or Accused has even not bothered to reply the
said legal demand notice. I say that the said Accused
has issued and signed the said cheque towards
discharge of the part of his legal enforceable
laibilities and is laible to be prosecuted under the
provisions of the Negotiable Insrtuments Act, 1881
(as amended).

9. I say that the Residence of the Complainant is

situated at Thane, within the jurisdiction of
Kapurbawdi Police Station . Therefore, the offence
as above was committed within the jurisdiction of
this Hon’ble Court and therefore, this Honb’le Court
can entertain and try the present case.

10. I say that the cause of action arose on 15/11/2018.

Hence Complaint is filed within the period of
limitation.

11. I, therefore, pray the Hon’ble Court that the

Process/ Summons be issued against Accused u/s.
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138 of the Negotiable Instruments Act, 1881 (as
amended) and be dealt with according to law.

What ever stated herein above is true and correct to the

best of my knowlwdge and belief.

Solemnly declared at Thane )

This 29 t h day of December 2018 )

Complainant

Identified by me,
S. A. H. Zaidi
Advocate for Complainant
Before me,

VERIFICATION

I, Ison Picardo, aged 41 years the Complainant do hereby

solemnly state that whatever stated herein above is true
and correct to the best of my knowledge save and except
legal submission.

Solemnly affirmed at Mumbai )

On this 29 t h day of December 2018 )

Complainant

Identified by me,
Advocate, High Court, Mumbai
S. A. H. Zaidi
103/D, Sita Park, Lodha Road,
Mira Road East, Dist: Thane – 401107
Contact: 8080351214 Before Me,
Email: adv.anwarzaidi@gmail.com
Membership No. MAH/414/2018