IN THE LD.

METROPOLITAN MAGISTRATES

7TH COURT AT DADAR Criminal Case No. M/S. MAHINDRA & MAHINDRA A Company incorporated under the Companies Act, 1913 having its Office at Farm Equipment Sector , Mahindra Towers, 3rd floor, Worli, Mumbai 400 018. Through its authorised officer Mr. Ketan Gadgil ..Complainant V/s. 1. M/s. Shree Jalaram Tractors a Partnership Firm, having its office at Nr. Dabhan Police Chowki, Gujrat . / S-S/2005

2. Mr. Hashmukhbhai Umedbhai Patel 3. Mr. Harshnil Hashmukhbhai Patel 4. Mr. Riteshkumar Hashmukh Patel Above 3 Partners of M/s. Shree Jalaram Tractors are rsiding at 116, Jalram Society, Borsad, Dist. Anand, Gujrat. 5. Mr. Arvinbhai Umedbhai Patel 6. Mr. Natubhai Umedbhai Patel Above 2 partgners of M/s. Shree Jalaram Tractors are residing at Keshavdas Ni Khadki P.O. Siswa, Tal. Borsad, Dist. Anand, Gujrat. Accused

PRIVATE COMPLAINT UNDER SECTION 138 READ WITH SECTION 141 OF THE NEGOTIABLE INSTRUMENTS ACT, 1881

MAY IT PLEASE YOUR WORSHIP : 1. The Complainant is a Company incorporated under the Indian

Companies Act, 1913 and has its Office at the address mentioned in the cause title. The Complainant Company is, interalia, engaged in the business of manufacturing & supplying Tractors, its accessories & its spare parts. The present Complaint is filed by the Complaint Company through its authorised officer Mr. Ketan Gadgil who is conversant with the facts of the present case and is also duly authorised to file the present Complaint. Hereto annexed and marked Exhibit A is the coy of the Power of attorney of the Compliant Company in favour of Mr. Ketan Gadgil. 2. The Complainant Company submits that Accused No. 1 is a

partnership Firm under the provisions of Indian Partnership Act. Accused No. 2 was looking after the day to day affairs and has guaranteed the payments due and payable by Accused No. 1 to the compliant company in his capacity as Partner and is also signatory to the cheque in question. Accused No. 3 to 6 are other Partners of Accused No. 1 and has also guaranteed the payments due and payable by Accused No. 1 to the Complainant Company in their capacity as Partners. 3. The Complainant submits that the Complainant Company have

supplied their products viz. Tractors, its accessories, spare parts etc. to Accused No. 1 to the extent o Rs. 279 Lacs under the terms entered into under the Dealer Agreement dated 30 th August, 2003 executed by accused No. 1 with Complainant Company.

4.

Acused No. 1,

1. I say that our Company have been supplying our products viz. Tractors, their accessories, spare parts etc. to you in terms of the dealer agreement enter into our Company and Accused No. 1. I say that Accused No. 2 on behalf of Accused No. 1 i.e. M/s. Shree Jalaram Tractors has issued us a cheque bearing No. 0041542 dated 01/08/2005 drawn on Union Bank of India, Nadiad Branch, Gujrat for Rs. 2,79,00,000/- duly signed by Accused No. 2 in capacity as a Partner of Accused No. 1 in discharge of the legally enforceable liability of Accused No. 1 due and payable to Complainant Company under the dealership agreement dated 30/08/2003. I say that being Authorised Officer of the complainant company who have duly authorized me to file this the present complaint and as such I am familiar and conversant with the facts of the case. Hereto annexed and marked Exhibit A is the copy of the Power of Attorney of the complainant company. 2. I say that Accused No. 1 is Partnership firm of which Accused

No. 2 to 6 are the Partners and Accused No. 2 is the Authorized signatory. At all material time relevant and relating to the complaint Accused No. 2 to 6 were and are in charge of and responsible for the conduct of business of Accused No.1 and are also looking after day to day affairs of Accused No.1 i.e. Partnership Firm. I am annexing herewith a copy of Deed of Partnership of Accused No. 1 which is signed by all above Accused and it is also referred in to Para No. 10 of the same which shows that all Partners are concerned with day to day affairs management of Accused No. 1 :: 3 :: It is further submitted that Accused No.2 to 6 with Accused No.1 are liable to be prosecuted and / or connived in the commission of the present offence, in their capacity as Partners and signatory of the said partnership firm.

3. I say that we have presented the said cheque issued to us by the accused for collection through our clearing bankers viz. State Bank of India, CAG Branch, Mumbai. However said cheque was returned to us unpaid being dishonoured by accused Bankers viz. Union Bank of India, Nadiad Branch with remark Exceeds Arrangements. We have received the dishonoured cheque through our bankers with their memo on 23/08/2005. 4. I say that as narrated in Para 2 accused No. 2 to 6 being

responsible for the affairs of Accused No.1 i.e.. Partnership Firm are liable to be prosecuted for having committed a criminal offence in the event of failure on their part to comply with the requisitions contained in the statutory notice dtd. 01/09/2005 which sent to them both under R.P.A.D. & U.P.C. at their last known Address as well as Residential Address. I further say that notice was duly received by all the accused on or about 07/09/2005. However accused have failed and neglected to make our payment under the above said dishonoured cheque. 5. I say that above accused have thus committed an offence

punishable u/s 138 r/w of 141 of Negotiable Instrument Act as amended). 6. I say that the intimation for dishnoured of cheques was received by Complainant Company at their office which is situated in the jurisdiction of this Honble Court. Further the dealings and other correspondence with respect to the present transactions is also took place from the office situated at Worli as such this Honble Court is competent to entertain and try this present complaint. :: 4 :: 7. The statutory notice dated 01/09/2005was issued to the accused within the stipulated time and the present complaint is being filed within the prescribed period as provided under section 142(b) of the Negotiable Instruments Act, 1881.

8. Under this circumstances it is prayed that this Honble Court may be pleased to issue process against the accused for the commission of the said offence and they may be dealt with according to law. It is further prayed that if penalty is imposed on conviction the same may be refunded to the complainant. And for this act of kindness the complainant shall ever pray : MUMBAI : DATED : COMPLAINANT

LIST OF DOCUMENTS / WITNESSES : 1. 2. 3. 4. 5. Dishonoured Cheques. Bank Memo. Demand Notice. Acknowledgement Receipt Manager of State Bank of India, CAGBranch, Mumbai to produce necessary documents. Any other witnesses with the permission of this Honble Court.

6.

BEFORE THE LD. METROPOLITAN MAGISTRATES 12TH COURT AT BANDRA C. C. NO./ / S-S /2005

GLOBAL TRADE FINANCE PVT. LTD. THROUGH Shri Anirudh Singh, Girijashankar Singh Thakur, Office situated at, Metropolitan Building, 6th floor, Bandra Kurla Complex, Bandra (East), Mumbai 400 051. V/s. 1. M/s. Alka International Ltd. 19/37, Jainpuri, Aligarh, UTTAR PRADESH. 2. Mr. Santosh Kumar Jain 7. Vinod Bala Jain Managing Director 19/37, Jainpuri, Aligarh, UTTAR PRADESH. 3. Mr. Vivek Jain Director 19/37, Jainpuri, Aligarh, UTTAR PRADESH. 4. Mr. Amit Jain Director 19/37, Jainpuri, Aligarh, UTTAR PRADESH. Director 19/37, Jainpuri, Aligarh, UTTAR PRADESH. 6. Smt. Poonam Jain Director 19/37, Jainpuri, Aligarh, UTTAR PRADESH. ..Complainant

5. Mr. Paras Kumar Jain Director 19/37, Jainpuri, Aligarh, UTTAR PRADESH.

. ..Accused CHARGES : U/S, 138 r/w 141 of Negotiable Instruments Act 1881. CLAIM FOR Rs. 1,15,00,000/..2 :: 2 ::

MAY IT PLEASE YOUR WORSHIP : I, Shri Anirudh Singh Girijashanka Singh Thakur, Chief Manager Legal & Company Secretary having its registered office situated at, Metropolitan Building, 6th floor, Bandra Kurla Complex, Bandra (East), Mumbai 400 051, do herby stat on solemn affirmation as under. :1. I say that the accused No. 2 to accused No. 7 on behalf of Accused No. 1 have approached us with request for trade finance facility and accordingly said facility has been granted by us to the accused for the amount of Rs.3,44,00,000/-. 2. That in discharge of said liability towards the abovesaid trade finance facility due and payable to us accused had issued us a cheque bearing No. 674143 dated 08.10.2005 drawn on Jammu and Kashmir Bank Ltd. New Delhi Branch for sum of Rs. 1,15,00,000/- as a part payment duly signed by accused no.3 on behalf of accused no.1. I say that being a Manager Legal & Company Secretary of the complainant company who has duly authorized me to file this the present complaint and as such I am familiar and conversant with the facts of the case. annexed herewith. Board resolution dtd. 30.09.2003 is

3. I say that Accused No. 1 is limited company of which accused No. 2 to accused No. 7 are the directors and accused no.3 is authorized signatory of accused No. 1. At all material time relevant and relating to the complaint Accused No. 2 to 7 were and are in charge of and responsible for the conduct of business of Accused No.1 and .. 3 :: 3 :: are also looking after day to day affairs of Accused No.1. It is further submitted that Accused No.2 to 7 with Accused No.1 are liable to be prosecuted and / or connived in the commission of the present offence, in their capacity as a directors and signatory of the said limited company. 4. I say that we have presented the said cheque issued to us by the accused for collection through our clearing bankers viz. HDFC Bank Worli branch, Mumbai. However said cheque was returned to us unpaid being dishonoured by accused Bankers with remark Insufficient Fund. their memo on 18.10.2005. 5. I say that as narrated in para 1 accused No. 2 to 7 being responsible for the affairs of Accused No.1 i.e.. limited company are liable to be prosecuted for having committed a criminal offence in the event of failure on their part to comply with the requisitions contained in the statutory notice dtd. 11.11.2005, which sent to them both under R.P.A.D. & U.P.C. I further say that all notices came back by postal authorities with the remark dated 19.11.2005 not found. However notice was also send through U.P.C. on the said address which is presumed to be received by all accused. Thus accused have failed and neglected to make our payment under the above said dishonoured cheque. We have received the dishonour cheque through our bankers with

6. I say that above accused have thus committed an offence punishable u/s 138 r/w of 141 of Negotiable Instrument Act (as amended). 7. I say that the office of the complainant company is situated ..4 :: 4 :: within the jurisdiction of this Honble Court and hence this court is competent to entertain and try this present complaint. 8. The statutory notice was issued to the accused within the stipulated time and the present complaint is being filed within the prescribed period as provided under section 142(b) of the Negotiable Instruments Act, 1881. 9. Under this circumstances it is prayed that this Honble Court may be pleased to issue process against the accused for the commission of the said offence and they may be dealt with according to law. It is further prayed that if penalty is imposed on conviction the same may be refunded to the complainant. And for this act of kindness the complainant shall ever pray :

MUMBAI : DATED : COMPLAINANT

..5 :: 5 ::

LIST OF DOCUMENTS / WITNESSES : 1. Dishonoured Cheque. 2. Bank Memo. 3. Demand Notice. 4. Return Notices Postal Slips 5. Manager of both the bankers to produce necessary documents. 6. Any other witnesses with the permission of this Honble Court.

BEFORE THE LD. METROPOLITAN MAGISTRATES 9TH COURT AT BANDRA C. C. NO./ /S-S/2004

GLOBAL TRADE FINANCE PVT. LTD. THROUGH Shri Aniruddh Singh, Girijashankar Singh Thakur, Office situated at, Metropolitan Building, 6th floor, bandra Kurla Complex, Bandra (East), Mumbai 400 051. V/s. 1. M/s. Kalyani Exports 4, Ujagar Estate, sub plot 2-D, W.T.Patil Marg, Deonar Mumbai 400 088. 2. Kamalaksha R. Padubidri Partner of M/s. Kalynai Exports 4, Ujagar Estate, sub plot 2-D, W.T.Patil Marg, Deonar Mumbai 400 088. 3. Premalaksha Padubidri Partner of M/s. Kalynai Exports 4, Ujagar Estate, sub plot 2-D, W.T.Patil Marg, Deonar Mumbai 400 088. ..Accused CHARGES : U/S, 138 r/w 141 of Negotiable Instruments Act 1881. CLAIM FOR Rs. 1,00,00,000/---------------------------------2 ..Complainant

:: 2 :: MAY IT PLEASE YOUR WORSHIP : I, Shri Aniruddh Singh Girijashanka Singh Thakur, Manager Legal & Secretary having its registered office situated at, Metropolitan Building, 6th floor, Bandra - Kurla Complex, Bandra (East), Mumbai 400 051, do herby stat on solemn affirmation as under. :1. I say that the accused No. 2 & 3 on behalf of Accused No. 1 have approached us with request for export factoring and purchase order facility and accordingly export factoring and purchase order facility has granted by us to the accused. I further say that the outstanding of the said facility is standing as on March, 2004 to the tune of Rs. 9,25,00,000/that in discharge of said liability accused had issued us a cheque bearing No. 848567 dated 04.03.2004 drawn on Federal Bank Ltd. Chembur Branch for sum of Rs. 1,00,00,000/- as a part payment. I say that being a Manager Legal & Company Secretary of the complainant company who have duly authorized me to file this the present complaint and as such I am familiar and conversant with the facts of the case. annexed herewith. 2. I say that Accused No. 1 is Partnership firm of which Accused No. 2 & 3 are the partners and are also authorized signatories of accused No. 1. At all material time relevant and relating to the complaint Accused No. 2 & 3 were and are in charge of and responsible for the conduct of business of Accused No.1 and is also looking after day to day affairs of Accused No.1 i.e. Partnership Firm. It is further submitted that Accused No.2 & 3. .3 A Authority letter dtd. 25.08.2003 is

:: 3 :: with Accused No.1 are liable to be prosecuted and / or connived in the commission of the present offence, in their capacity as Partners and signatory of the said partnership firm. 3. I say that we have presented the said cheque issued to us by the accused for collection through our clearing bankers viz. Standard Chartered Bank 90, M.G.Road, Mumbai. However said cheque was returned to us unpaid being dishonoured by accused Bankers viz. Federal Bank Ltd. Chembur Branch with remark In sufficient Fund. We have received the dishonour cheque through our bankers with their memo on 05.03.2004. 4. I say that as narrated in para 1 accused No. 2 & 3 being responsible for the affairs of Accused No.1 i.e.. Partnership Firm is liable to be prosecuted for having committed a criminal offence in the event of failure on their part to comply with the requisitions contained in the statutory notice dtd. 11.03.2004 which sent to them both under R.P.A.D. & U.P.C. I further say that notice was duly received by the accused on or about 15.03.2004. However accused have failed and neglected to make our payment under the above said dishonoured cheque. 5. I say that above accused have thus committed an offence punishable u/s 138 r/w of 141 of Negotiable Instrument Act (as amended). 6. I say that intimation about the dishonoured of the said cheque was received in our office at the above complainant company which is situated within the jurisdiction of this Honble Court, as such this Honble Court is competent to entertain and try this present complaint. ..4

:: 4 :: 7. The statutory notice was issued to the accused within the stipulated time and the present complaint is being failed within the prescribed period as provided under section 142(b) of the Negotiable Instruments Act, 1881. 8. Under this circumstances it is prayed that this Honble Court may be pleased to issue process against the accused for the commission of the said offence and they may be dealt with according to law. It is further prayed that if penalty is imposed on conviction the same may be refunded to the complainant. AND FOR THIS ACT OF KINDNESS THE COMPLAINANT SHALL EVER PRAY : MUMBAI : DATED : COMPLAINANT LIST OF DOCUMENTS / WITNESSES : 1. Dishonoured Cheque. 2. Bank Memo. 3. Demand Notice. 4. Acknowledgement Receipt 5. Manager of Standard Chartered Bank to produce necessary documents. 6. Any other witnesses with the permission of this Honble Court.

16.03.2005 BY REGD. A.D. UNDER CERTIFICATE OF POSTING. To, 1) Kalyani Exports, 41, Ujagar Estate, Sub-Plot 2D,W.T.Patil Marg, Deonar, Mumbai : 400 088. 3) Mr. Kamalaksha R. Padubidri. Partner.of Kalyani Exports. 6,Avanti Co.Op.Hsg.Soc.Ltd, Deonar Baug, Deonar, Mumbai : 400 088. 5) Mrs. Kalyani R. Thingalaya. Partner of Kalyani Exports. 6, Madhugiri Co.Op.Hsg.Soc.Ltd. Sion-Trombay Road, Chembur, Mumbai : 400 071. 2) Mr. Premalaksha R.Padubidri Partner of kalyani Exports. 12,Arinda Co.Op.Hsg.Soc.Ltd. Sector 10,Juhu Nagar,Vashi. Navi Mumbai : 400 705. 4) Mr. Uday R. Yermal. Partner of Kalyani Exports. 6, Madhugiri Co.Op.Hsg.Soc. Sion Trombay Road, Chembur, Mumbai : 400 071. 6) Mrs. Sandra P. Padubidri Partners of Kalyani Exports. 12, Arinda Co.Op.Hsg.Soc.Ltd Sector 10, Juhu Nagar, Vashi Navi Mumbai : 400 705.

Sir, On behalf of our clients M/s. Global Trade Finance Private Limited, having their registered office situated at, Metropolitan Building, 6 th floor, Bandra- Kurla Complex, Bandra (E), Mumbai : 400 051, Who have instructed me to address you as under :1. You are aware that Export Factoring and purchase order facility has been granted to you by my clients. The outstanding of which is standing as on March 2004 to the tune of Rs. 9,25,00,000/2. I further say that in discharge of your liability towards the abovesaid purchase order facility you have issued us cheques bearing Nos. 1) 848573 and 2) 848574 both dated 03.03.2005 for Rs. 1,00,00,000/- and for Rs. 1,25,00,000/- aggregating to Rs. 2,25,00,000/- drawn on The Federal Bank Ltd, Chembur Branch, as a part payment in favour of my clients duly signed by you No.2 & 3, on behalf of you No.1 as a Partners. 3. I say that our clients have deposited above cheques issued by you for encashment with their Bankers Viz. H.D.F.C. Bank Ltd, Worli Branch, however the said cheques were returned unpaid and dishonoured by your Bankers with remark Funds Insufficient We have received the said returned cheques and Memo through our Bankers with their Memo dated 09.03.2005. On 12.03.2005.

4. You are aware that under the amended provisions i.e. section 138 to 141 of the Negotiable Instruments Act, 1881, dishonour of cheque is a criminal Offence, Therefore, you No.2 to 6, being the Partners of M/s. Kalyani Exports, all are liable to be prosecuted for having committed a criminal offence in the event of failure on your part to comply with the requisition contained in this statutory notice. Under this circumstances, I hereby call upon and demand from, you to make the payment of the said amount of Rs. 2,25,00,000/- (Rupees Two Carores Twenty five lakhs Only) being the amount of dishonoured cheques referred above within 15 days from the date of receipt of the notice by you, failing which my clients shall constrained to file a Criminal Complaint in the competent Magistrates court without any further notice to you. Needless to mention that such prosecution/action shall be entirely at your risk as to costs and consequences thereof. Yours fiathfully, (Sujit S.Jagtap) Advocate.

BEFORE THE LD. METROPOLITAN MAGISTRATES 12TH COURT AT BANDRA C. C. NO./ / S-S /2006

GLOBAL TRADE FINANCE LTD. THROUGH Shri Tapabrata Moitra, Office situated at, Metropolitan Building, 6th floor, Bandra Kurla Complex, Bandra (East), Mumbai 400 051. V/s. 1. M/s. Alka International Ltd. 19/37, Jainpuri, Aligarh, UTTAR PRADESH. 2. Mr. Santosh Kumar Jain Managing Director 19/37, Jainpuri, Aligarh, UTTAR PRADESH. 3. Mr. Vivek Jain Director 19/37, Jainpuri, Aligarh, UTTAR PRADESH. 4. Mr. Amit Jain Director 19/37, Jainpuri, Aligarh, UTTAR PRADESH. 5. Mr. Paras Kumar Jain Director 19/37, Jainpuri, Aligarh, UTTAR PRADESH. 6. Smt. Poonam Jain Director 19/37, Jainpuri, Aligarh, UTTAR PRADESH. 7. Vinod Bala Jain Director 19/37, Jainpuri, Aligarh, UTTAR PRADESH. ..Complainant

...Accused ..2

:: 2 :: CHARGES : U/S, 138 r/w 141 of Negotiable Instruments Act 1881. CLAIM FOR Rs. 1,00 ,00,000/-

MAY IT PLEASE YOUR WORSHIP : I, Shri Tapabrata Moitra, Manager Legal of M/s Global Trade Finance Ltd., having its registered office situated at, Metropolitan Building, 6th floor, Bandra - Kurla Complex, Bandra (East), Mumbai 400 051, do hereby state on solemn affirmation as under: 1. I say that the Complainant Company has been converted from Pvt. Ltd. into Limited under the provisions of the Companies Act, 1956 and consequently thereto the name of the Complainant Company has been changed from Global Trade Finance Pvt. Ltd. to Global Trade Finance Ltd. with effect from 06/12/2005 and the certificate of incorporation has been issued by the Registrar of Companies for the same. 2. I say that the accused No. 2 to accused No. 7 on behalf of Accused No. 1 have approached us with request for trade finance facility and accordingly said facility has been granted by us to the accused for the amount of Rs.3,44,00,000/-. 3. That in discharge of said liability towards the abovesaid trade finance facility due and payable to us accused had issued us a cheque bearing No. 661902 dated 21.11.2005 drawn on Jammu and Kashmir Bank Ltd. New Delhi Branch for sum of Rs. 1,00,00,000/- as a part payment duly signed by accused no.2 on behalf of accused no.1. I say that being .. 3

:: 3 :: a Manager Legal of the complainant company who has duly authorized me to file this the present complaint and as such I am familiar and conversant with the facts of the case. Board resolution dtd. 24.01.2006 is annexed herewith. 4. I say that Accused No. 1 is limited company of which accused No. 2 to accused No. 7 are the directors and accused No.2 is Managing Director and authorized signatory of accused No. 1. At all material time relevant and relating to the complaint Accused No. 2 to 7 were and are in charge of and responsible for the conduct of business of Accused No.1 and are also looking after day to day affairs of Accused No.1. It is further submitted that Accused No.2 to 7 with Accused No.1 are liable to be prosecuted and / or connived in the commission of the present offence, in their capacity as a M. D., directors and signatory of the said limited company. 5. I say that we have presented the said cheque issued to us by the accused for collection through our clearing bankers viz. HDFC Bank Worli branch, Mumbai. However said cheque was returned to us unpaid being dishonoured by accused Bankers with remark Insufficient Fund. their memo on 26.11.2005. 6. I say that as narrated in Para 1 accused No. 2 to 7 being responsible for the affairs of Accused No.1 i.e.. limited company are liable to be prosecuted for having committed a criminal offence in the event of failure on their part to comply with the requisitions contained in the statutory notice dtd. 09.12.2005, which sent to them both under R.P.A.D. & U.P.C. on 12.12.2005. However till 13.01.2006 we have neither received acknowledgements nor returned ..4 We have received the dishonour cheque through our bankers with

:: 4 :: notices, we have therefore informed the said fact to the postal authorities vide our advocates letter dated 13.01.2006 regarding the non receipt of the acknowledgement. I say that notice was also send through U.P.C. on the said address which is presumed to be received by all accused. Thus accused have failed and neglected to make our payment under the above said dishonoured cheque. 7. I say that above accused have thus committed an offence punishable u/s 138 r/w of 141 of Negotiable Instrument Act (as amended). 8. I say that the office of the complainant company is situated within the jurisdiction of this Honble Court and hence this court is competent to entertain and try this present complaint. 9. The statutory notice was issued to the accused within the stipulated time and the present complaint is being filed within the prescribed period as provided under section 142(b) of the Negotiable Instruments Act, 1881. 10.Under this circumstances it is prayed that this Honble Court may be pleased to issue process against the accused for the commission of the said offence and they may be dealt with according to law. It is further prayed that if penalty is imposed on conviction the same may be refunded to the complainant. And for this act of kindness the complainant shall ever pray. MUMBAI : Dated this 27th day of January 2006. COMPLAINANT ..5

:: 5 :: LIST OF DOCUMENTS / WITNESSES : 1. Dishonoured Cheque. 2. Bank Memo. 3. Demand Notice. 4. Postal Slips 5. Letter to Post-office 6. Manager of both the bankers to produce necessary documents. 7. Any other witnesses with the permission of this Honble Court.

BEFORE THE LD. METROPOLITAN MAGISTRATES 12TH COURT AT BANDRA C. C. NO./ / S-S /2006

GLOBAL TRADE FINANCE PVT. LTD. THROUGH Shri Anirudh Singh, Girijashankar Singh Thakur, Office situated at, Metropolitan Building, 6th floor, Bandra Kurla Complex, Bandra (East), Mumbai 400 051. V/s. 1. M/s. Alka Locks Pvt. Ltd. 19/37, Jainpuri, Agra Road, Aligarh UTTAR PRADESH 2. 3. 4. 5. Santosh Kumar Jain. Poonam Jain Veena Jain Sudha Jain i) 19/37, Jainpuri, Agra Road, Aligarh UTTAR PRADESH ii) 29, Naiwala, Karol Bagh, New Delhi. 6 Amit Jain. 19/37, Jainpuri, Agra Road, Aligarh UTTAR PRADESH . ..Accused CHARGES : U/S, 138 r/w 141 of Negotiable Instruments Act 1881. CLAIM FOR Rs. 40 ,00,000/..Complainant

..2

:: 2 :: MAY IT PLEASE YOUR WORSHIP : I, Shri Anirudh Singh Girijashanka Singh Thakur, Chief Manager Legal & Company Secretary having its registered office situated at, Metropolitan Building, 6th floor, Bandra Kurla Complex, Bandra (East), Mumbai 400 051, do herby stat on solemn affirmation as under. :1. I say that the accused No. 2 to accused No. 6 on behalf of Accused No. 1 have approached us with request for trade finance facility and accordingly said facility has been granted by us to the accused for the amount of Rs.1,56,00,000/-. 2. That in discharge of said liability towards the abovesaid trade finance facility due and payable to us accused had issued us a cheque bearing No. 5803676 dated 21.11.2005 drawn on Jammu and Kashmir Bank Ltd. New Delhi Branch for sum of Rs. 40,00,000/- as a part payment duly signed by accused no.6 on behalf of accused no.1. I say that being a Manager Legal & Company Secretary of the complainant company who has duly authorized me to file this the present complaint and as such I am familiar and conversant with the facts of the case. Board resolution dtd. 30.09.2003 is annexed herewith. 3. I say that Accused No. 1 is limited company of which accused No. 2 to accused No. 6 are the M.D./directors and accused no.6 is also authorized signatory of accused No. 1. At all material time relevant and relating to the complaint Accused No. 2 to 6 were and are in charge of and responsible for the conduct of business of Accused No.1 and .. 3

:: 3 :: are also looking after day to day affairs of Accused No.1. It is further submitted that Accused No.2 to 6 with Accused No.1 are liable to be prosecuted and / or connived in the commission of the present offence, in their capacity as a M. D., directors and signatory of the said limited company. 4. I say that we have presented the said cheque issued to us by the accused for collection through our clearing bankers viz. HDFC Bank Worli branch, Mumbai. However said cheque was returned to us unpaid being dishonoured by accused Bankers with remark Exceeds Arrangement. We have received the dishonour cheque through our bankers with their memo on 29.11.2005. 5. I say that as narrated in para 1 accused No. 2 to 6 being responsible for the affairs of Accused No.1 i.e.. limited company are liable to be prosecuted for having committed a criminal offence in the event of failure on their part to comply with the requisitions contained in the statutory notice dtd. 09.12.2005, which sent to them both under R.P.A.D. & U.P.C. on 12.12.2005 and 13.12.2005. However till 13.01.2006 we have neither received acknowledgements nor returned notices sent to accused on their Aligarh address, we have therefore informed the said fact to the postal authorities vide our advocates letter dated 13.01.2006 regarding the non receipt of the acknowledgement. However notice sent to accused No.2 to No.5 on their Delhi address came back by the postal authorities with the remark dated 15.12.2005 Not Known.I say that notice was also send through U.P.C. on both the addresses which is presumed to be received by all accused. Thus accused have failed and neglected to make our payment under the above said dishonoured cheque. ..4

:: 4 :: 6. I say that above accused have thus committed an offence punishable u/s 138 r/w of 141 of Negotiable Instrument Act (as amended). 7. I say that the office of the complainant company is situated within the jurisdiction of this Honble Court and hence this court is competent to entertain and try this present complaint. 8. The statutory notice was issued to the accused within the stipulated time and the present complaint is being filed within the prescribed period as provided under section 142(b) of the Negotiable Instruments Act, 1881. 9. Under this circumstances it is prayed that this Honble Court may be pleased to issue process against the accused for the commission of the said offence and they may be dealt with according to law. It is further prayed that if penalty is imposed on conviction the same may be refunded to the complainant. And for this act of kindness the complainant shall ever pray :

MUMBAI : DATED : COMPLAINANT

..5

:: 5 :: LIST OF DOCUMENTS / WITNESSES : 1. Dishonoured Cheque. 2. Bank Memo. 3. Demand Notice. 4. Return Notices Postal Slips 5. Letter to Post-office 6. Manager of both the bankers to produce necessary documents. 7. Any other witnesses with the permission of this Honble Court.

BEFORE THE LD. METROPOLITAN MAGISTRATES 12TH COURT AT BANDRA, MUMBAI. C.C. NO. / SS / 2006

GLOBAL TRADE FINANCE LTD. Through Shri. Tapabrata Moitra, Manager Legal, Office situated at, Metropolitan Building, 6th floor, Bandra Kurla Complex, Bandra (East), Mumbai 400 051. ...Complainant V/s. 1. M/s Anish Metals Pvt.Ltd. 60, Kansara Chawl, Kalbadevi Road, Mumbai 400 002. 2. Shri. Pravinchandra N. Shah Director of M/s Anish Metals Pvt. Ltd. 60, Kansara Chawl, Kalbadevi Road, Mumbai 400 002. 3. Shri. Sureshchandra N. Shah Director of M/s Anish Metals Pvt.Ltd. 60, Kansara Chawl, Kalbadevi Road, Mumbai 400 002. 4. Shri. Kirti B. Shah Director of M/s Anish Metals Pvt.Ltd. 60, Kansara Chawl, Kalbadevi Road, Mumbai 400 002. Accused CHARGES : U/s. 138 r/w 141 of Negotiable Instruments Act 1881. CLAIM FOR Rs. 2,10,28,309/MAY IT PLEASE YOUR WORSHIP : I, Shri. Tapabrata Moitra, Manager Legal, having its registered office situated at, Metropolitan Building, 6th floor, 5. Shri. Pankaj B. Shah Director M/s Anish Metals Pvt. Ltd. 60, Kansara Chawl, Kalbadevi Road, Mumbai 400 002.

:: 2 :: Bandra - Kurla Complex, Bandra (East), Mumbai 400 051, do herby state on solemn affirmation as under.:1. I say that the accused No. 2 to accused No. 5 on behalf of accused No. 1 have approached us with request for trade finance facility and accordingly said facility has been granted by us to the accused. 2. That in discharge of said liability towards the abovesaid trade finance facility due and payable to us accused had issued us a cheques bearing Nos. 176457, 176458, 176456, and 176459 all dated 07/02/2006 for Rs. 49,12,005/-, 50,23,137/-, 51,78,663/-, and 49,14,504/- respectively drawn on The HDFC BANK, FORT, MUMBAI Branch as a part payment in favour of my clients duly signed by you No. 4 on behalf of you No.1. I say that being a Manager Legal of the complainant company who has duly authorized me to file this present complaint and as such I am familiar and conversant with the facts of the case. The Board resolution dtd. 24/01/2006 is annexed herewith. 3. I say that on instructions of accused we have deposited above cheques issued by accused for encashment with their Bankers Viz. UTI Bank Ltd, B.K.C. Branch, on 28/02/2006, however the said cheques were returned unpaid and dishonoured by accused Bankers with remark Effect not Cleared, Please Present Again and hence again accused have requested us to present the above referred cheques in the month of April 2006 however on presentation the said cheques were again returned unpaid and dishonoured by accused Bankers with remark Effect not Cleared, Please Present Again, Effect not Cleared, Please Present Again, Funds Insufficients, and Funds Insuficient

:: 3 :: respectively. We have received the said returned cheques and Memos through our Bankers with their Bankers Memo on 04/04/2006. 4. I say that Accused No. 1 is limited company of which accused No. 2 to accused No. 5 are the directors and accused No.4 is authorized signatory of accused No. 1. At all material time relevant and relating to the complaint Accused No. 2 to 5 were and are in charge of and responsible for the conduct of business of Accused No.1 and are also looking after day to day affairs of Accused No.1. It is further submitted that Accused No.2 to 5 with Accused No.1 are liable to be prosecuted and / or connived in the commission of the present offence, in their capacity as a directors and accused No.4 is signatory of the said limited company. 5. I say that as narrated in para 1 accused No. 2 to 5 being responsible for the affairs of Accused No.1 i.e.. limited company are liable to be prosecuted for having committed a criminal offence in the event of failure on their part to comply with the requisitions contained in the statutory notice dtd. 25.04.06, which sent to them both under R.P.A.D. & U.P.C. on 28/04/06. I say that notice was duly received by accused No.1 ,3 and 4 on 02/05/06 and notice sent to accused No.2 & 5 were came back by postal authorities with the remark Not Claimed. Thus accused have failed and neglected to make our payment under the above said dishonoured cheques. 6. I say that above accused have thus committed an offence punishable u/s 138 r/w of 141 of Negotiable Instrument Act (as amended).

:: 4 :: 7. I say that the office of the complainant company is situated within the jurisdiction of this Honble Court and hence this court is competent to entertain and try this present complaint. 8. The statutory notice was issued to the accused within the stipulated time and the present complaint is being filed within the prescribed period as provided under section 142(b) of the Negotiable Instruments Act, 1881. 9. Under this circumstances it is prayed that this Honble Court may be pleased to issue process against the accused for the commission of the said offence and they may be dealt with according to law. It is further prayed that if penalty is imposed on conviction the same may be refunded to the complainant. And for this act of kindness the complainant shall ever pray. MUMBAI : DATED : COMPLAINANT LIST OF DOCUMENTS / WITNESSES : 1. Dishonoured Cheque. 2. Bank Memo. 3. Demand Notice.

:: 5 :: 4. Return Notices Postal Slips 5. Letter to Post-office 6. Manager of both the bankers to produce necessary documents. 7. Any other witnesses with the permission of this Honble Court.

BEFORE THE LD. METROPOLITAN MAGISTRATES 12TH COURT AT BANDRA, MUMBAI. C.C. NO. / SS / 2006

GLOBAL TRADE FINANCE LTD. Through Shri. Tapabrata Moitra, Manager Legal, Office situated at, Metropolitan Building, 6th floor, Bandra Kurla Complex, Bandra (East), Mumbai 400 051. ...Complainant Versus 1. M/S. Astral Glass Pvt. Ltd. Adinath Towers, A, 2nd Floor, Nancy Colony, Borivali (E), Mumbai 400 066. 2. Mr. Satish P. Bhat. Chairman-cum-M.D.of M/s. Astral Glass Pvt. Ltd. Adinath Towers, A, 2nd Floor, Nancy Colony, Borivali (E), Mumbai 400 066. 3. Mr. V. R. Nayak Vice Chairman of M/s. Astral Glass Pvt. Ltd. Adinath Towers, A, 2nd Floor, Nancy Colony, Borivali (E), Mumbai 400 066.

Accused CHARGES : U/s. 138 r/w 141 of Negotiable Instruments Act 1881. CLAIM FOR Rs. 6,17,910/MAY IT PLEASE YOUR WORSHIP : I, Shri. Tapabrata Moitra, Manager Legal, having its registered office situated at, Metropolitan Building, 6th floor, Bandra - Kurla Complex, Bandra (East), Mumbai 400 051, do herby state on solemn affirmation as under.:1. I say that the accused No. 2 & 3, on behalf of accused No. 1 2

:: 2 :: have approached us with request for trade finance facility and accordingly said facility has been granted requirement. 2. That in discharge of said liability towards repayment of the abovesaid trade finance facility due and payable to us accused had issued us a cheques bearing Nos. 153170 and 153231 both dated 11/08/2006 for Rs.3,10,395/- and Rs.3,07,515- respectively drawn on Saraswat Co-Op. Bank Ltd., Boriwali (W) Branch as a part payment in favour of complainant duly signed by you No. 3 on behalf of you No.1. I say that being a Manager Legal of the complainant company who has duly authorized me to file this present complaint and as such I am familiar and conversant with the facts of the case. The Board resolution dtd. 24/01/2006 is annexed herewith. 3. I say that on instructions of accused we have deposited above cheques issued by accused for encashment with their Bankers Viz. UTI Bank Ltd, B.K.C. Branch, however both the cheques were returned unpaid and dishonoured by accused Bankers with remark Funds Insufficient. We have received the said returned cheques and Memos through our Bankers with their Bankers Memo on 12/08/2006. by us to the accused as per their request and

4. I say that Accused No. 1 is private limited company of which accused No. 2 is chairman-cum-M.D. and accused No.3 is the Vice-Chairman and also authorized signatory of accused No. 1. At all material time relevant and relating to the complaint Accused No. 2 & 3 were and are in charge of and responsible for the conduct of business of Accused No.1 3

:: 3 :: and are also looking after day to day affairs of Accused No.1. It is further submitted that Accused No.2 & 3 with Accused No.1 are liable to be prosecuted and / or connived in the commission of the present offence, in limited company. 5. I say that as narrated in para 1 accused No. 2 & 3 being responsible for the affairs of Accused No.1 i.e. private limited company are liable to be prosecuted for having committed a criminal offence in the event of failure on their part to comply with the requisitions contained in the statutory notice dtd. 09/09/06, which sent to them both under R.P.A.D. & U.P.C. on 09/9/06. I say that notice was duly received by all the accused on 11/09/06. Thus accused have failed and neglected to make our payment under the above said dishonoured cheques. 6. I say that above accused have thus committed an offence punishable u/s 138 r/w of 141 of Negotiable Instrument Act (as amended). 7. I say that the office of the complainant company is situated within the jurisdiction of this Honble Court and hence this court is competent to entertain and try this present complaint. 8. The statutory notice was issued to the accused within the stipulated time and the present complaint is being filed within the prescribed period as provided under section 142(b) of the Negotiable Instruments Act, 1881. their capacity as a Chairman-cum-M.D. and ViceChairman/signatory of the said private

:: 4 :: 9. Under this circumstances it is prayed that this Honble Court may be pleased to issue process against the accused for the commission of the said offence and they may be dealt with according to law. It is further prayed that if penalty is imposed on conviction the same may be refunded to the complainant. And for this act of kindness the complainant shall ever pray. MUMBAI : DATED : COMPLAINANT LIST OF DOCUMENTS / WITNESSES : 1. Dishonoured Cheques. 2. Bank Memos. 3. Demand Notice. 4. Postal Receipts. 5. Acknowledgements. 6. Manager of both the bankers to produce necessary documents. 7. Any other witnesses with the permission of this Honble

Court.

BEFORE THE LD. METROPOLITAN MAGISTRATES 12TH COURT AT BANDRA, MUMBAI. C.C. NO. / SS / 2006

GLOBAL TRADE FINANCE LTD. Through Shri. Tapabrata Moitra, Manager Legal, Office situated at, Metropolitan Building, 6th floor, Bandra Kurla Complex, Bandra (East), Mumbai 400 051. ...Complainant Versus 1. M/S. Astral Glass Pvt. Ltd. Adinath Towers, A, 2nd Floor, Nancy Colony, Borivali (E), Mumbai 400 066. 2. Mr. Satish P. Bhat. Chairman-cum-M.D.of M/s. Astral Glass Pvt. Ltd. Adinath Towers, A, 2nd Floor, Nancy Colony, Borivali (E), Mumbai 400 066. 3. Mr. V. R. Nayak Vice Chairman of M/s. Astral Glass Pvt. Ltd. Adinath Towers, A, 2nd Floor, Nancy Colony, Borivali (E), Mumbai 400 066.

Accused CHARGES : U/s. 138 r/w 141 of Negotiable Instruments Act 1881. CLAIM FOR Rs. 56,55,009/MAY IT PLEASE YOUR WORSHIP : I, Shri. Tapabrata Moitra, Manager Legal, having its registered office situated at, Metropolitan Building, 6th floor, Bandra - Kurla Complex, Bandra (East), Mumbai 400 051, do herby state on solemn affirmation as under.:-

1. I say that the accused No. 2 & 3, on behalf of accused No. 1 2 :: 2 :: have approached us with request for trade finance facility and accordingly said facility has been granted requirement. 2. That in discharge of said liability towards repayment of the abovesaid trade finance facility due and payable to us accused had issued us a cheques bearing Nos. 153151, 153229, 153230 and 153152 dated 13/08/2006, 12/08/2006, 13/08/2006 and 14/08/2006 for Rs.35,38,125/-, 3,07,515/-, 5,15,619 and 12,93,750/- respectively aggregating to Rs.56,55,009/- drawn on Saraswat Co-Op. Bank Ltd., Boriwali (W) Branch as a part payment in favour of complainant duly signed by you No. 3 on behalf of you No.1. I say that being a Manager Legal of the complainant company who has duly authorized me to file this present complaint and as such I am familiar and conversant with the facts of the case. The Board resolution dtd. 24/01/2006 is annexed herewith. 3. I say that on instructions of accused we have deposited above cheques issued by accused for encashment with their Bankers Viz. UTI Bank Ltd, B.K.C. Branch, however both the cheques were returned unpaid and dishonoured by accused Bankers with remark Funds Insufficient. We have received the said returned cheques and Memos through our Bankers with their Bankers Memo on 16/08/2006. 4. I say that Accused No. 1 is private limited company of which accused No. 2 is chairman-cum-M.D. and accused No.3 is the Vice-Chairman and also authorized signatory of by us to the accused as per their request and

accused No. 1. At all material time relevant and relating to the complaint Accused No. 2 & 3 were and are in charge of and responsible for the conduct of business of Accused No.1 3 :: 3 :: and are also looking after day to day affairs of Accused No.1. It is further submitted that Accused No.2 & 3 with Accused No.1 are liable to be prosecuted and / or connived in the commission of the present offence, in limited company. 5. I say that as narrated in para 1 accused No. 2 & 3 being responsible for the affairs of Accused No.1 i.e. private limited company are liable to be prosecuted for having committed a criminal offence in the event of failure on their part to comply with the requisitions contained in the statutory notice dtd. 11/09/06, which sent to them both under R.P.A.D. & U.P.C. on 12/9/06. I say that notice was duly received by all the accused on 14/09/06. Thus accused have failed and neglected to make our payment under the above said dishonoured cheques. 6. I say that above accused have thus committed an offence punishable u/s 138 r/w of 141 of Negotiable Instrument Act (as amended). 7. I say that the office of the complainant company is situated within the jurisdiction of this Honble Court and hence this court is competent to entertain and try this present complaint. 8. The statutory notice was issued to the accused within the their capacity as a Chairman-cum-M.D. and ViceChairman/signatory of the said private

stipulated time and the present complaint is being filed within the prescribed period as provided under section 142(b) of the Negotiable Instruments Act, 1881. 4

:: 4 :: 9. Under this circumstances it is prayed that this Honble Court may be pleased to issue process against the accused for the commission of the said offence and they may be dealt with according to law. It is further prayed that if penalty is imposed on conviction the same may be refunded to the complainant. And for this act of kindness the complainant shall ever pray. MUMBAI : DATED : COMPLAINANT LIST OF DOCUMENTS / WITNESSES : 1. Dishonoured Cheques. 2. Bank Memos. 3. Demand Notice. 4. Postal Receipts. 5. Acknowledgements.

6. Manager of both the bankers to produce necessary documents. 7. Any other witnesses with the permission of this Honble Court.

BEFORE THE LD. METROPOLITAN MAGISTRATES 12TH COURT AT BANDRA, MUMBAI. C.C. NO. / SS / 2006

GLOBAL TRADE FINANCE LTD. Through Shri. Tapabrata Moitra, Manager Legal, Office situated at, Metropolitan Building, 6th floor, Bandra Kurla Complex, Bandra (East), Mumbai 400 051. ...Complainant Versus 1. M/S. Astral Glass Pvt. Ltd. Adinath Towers, A, 2nd Floor, Nancy Colony, Borivali (E), Mumbai 400 066. 2. Mr. Satish P. Bhat. Chairman-cum-M.D.of M/s. Astral Glass Pvt. Ltd. Adinath Towers, A, 2nd Floor, Nancy Colony, Borivali (E), Mumbai 400 066. 3. Mr. V. R. Nayak Vice Chairman of M/s. Astral Glass Pvt. Ltd. Adinath Towers, A, 2nd Floor, Nancy Colony, Borivali (E), Mumbai 400 066.

Accused CHARGES : U/s. 138 r/w 141 of Negotiable Instruments Act 1881. CLAIM FOR Rs.10,70,072/-

MAY IT PLEASE YOUR WORSHIP : I, Shri. Tapabrata Moitra, Manager Legal, having its registered office situated at, Metropolitan Building, 6th floor, Bandra - Kurla Complex, Bandra (East), Mumbai 400 051, do herby state on solemn affirmation as under.:1. I say that the accused No. 2 & 3, on behalf of accused No. 1 2 :: 2 :: have approached us with request for trade finance facility and accordingly said facility has been granted requirement. 2. That in discharge of said liability towards repayment of the abovesaid trade finance facility due and payable to us accused had issued us a cheques bearing Nos. 164404, 153173 and 153172 dated 20/08/2006, 20/08/2006 and 19/08/2006 for Rs.4,53,122/-, 3,07,319/- and 3,09,631/respectively aggregating to Rs.10,70,072/- drawn on Saraswat Co-Op. Bank Ltd., Boriwali (W) Branch as a part payment in favour of complainant duly signed by you No. 3 on behalf of you No.1. I say that being a Manager Legal of the complainant company who has duly authorized me to file this present complaint and as such I am familiar and conversant with the facts of the case. The Board resolution dtd. 24/01/2006 is annexed herewith. 3. I say that on instructions of accused we have deposited above cheques issued by accused for encashment with their Bankers Viz. UTI Bank Ltd, B.K.C. Branch, however both the cheques were returned unpaid and dishonoured by accused Bankers with remark Funds Insufficient. We have received the said returned cheques and Memos through our Bankers with their Bankers Memo on 22/08/2006. by us to the accused as per their request and

4. I say that Accused No. 1 is private limited company of which accused No. 2 is chairman-cum-M.D. and accused No.3 is the Vice-Chairman and also authorized signatory of accused No. 1. At all material time relevant and relating to the complaint Accused No. 2 & 3 were and are in charge of and responsible for the conduct of business of Accused No.1 3 :: 3 :: and are also looking after day to day affairs of Accused No.1. It is further submitted that Accused No.2 & 3 with Accused No.1 are liable to be prosecuted and / or connived in the commission of the present offence, in limited company. 5. I say that as narrated in para 1 accused No. 2 & 3 being responsible for the affairs of Accused No.1 i.e. private limited company are liable to be prosecuted for having committed a criminal offence in the event of failure on their part to comply with the requisitions contained in the statutory notice dtd. 13/09/06, which sent to them both under R.P.A.D. & U.P.C. on 14/09/06. I say that notice was duly received by all the accused on 16/09/06. Thus accused have failed and neglected to make our payment under the above said dishonoured cheques. 6. I say that above accused have thus committed an offence punishable u/s 138 r/w of 141 of Negotiable Instrument Act (as amended). their capacity as a Chairman-cum-M.D. and ViceChairman/signatory of the said private

7. I say that the office of the complainant company is situated within the jurisdiction of this Honble Court and hence this court is competent to entertain and try this present complaint. 8. The statutory notice was issued to the accused within the stipulated time and the present complaint is being filed within the prescribed period as provided under section 142(b) of the Negotiable Instruments Act, 1881. 4

:: 4 :: 9. Under this circumstances it is prayed that this Honble Court may be pleased to issue process against the accused for the commission of the said offence and they may be dealt with according to law. It is further prayed that if penalty is imposed on conviction the same may be refunded to the complainant. And for this act of kindness the complainant shall ever pray. MUMBAI : DATED : COMPLAINANT LIST OF DOCUMENTS / WITNESSES : 1. Dishonoured Cheques. 2. Bank Memos. 3. Demand Notice.

4. Postal Receipts. 5. Acknowledgements. 6. Manager of both the bankers to produce necessary documents. 7. Any other witnesses with the permission of this Honble Court.

BEFORE THE LD. METROPOLITAN MAGISTRATES 12TH COURT AT BANDRA, MUMBAI. C.C. NO. / SS / 2006

GLOBAL TRADE FINANCE LTD. Through Shri. Tapabrata Moitra, Manager Legal, Office situated at, Metropolitan Building, 6th floor, Bandra Kurla Complex, Bandra (East), Mumbai 400 051. ...Complainant Versus 1. M/S. Astral Glass Pvt. Ltd. Adinath Towers, A, 2nd Floor, Nancy Colony, Borivali (E), Mumbai 400 066. 2. Mr. Satish P. Bhat. Chairman-cum-M.D.of M/s. Astral Glass Pvt. Ltd. Adinath Towers, A, 2nd Floor, Nancy Colony, Borivali (E), Mumbai 400 066. 3. Mr. V. R. Nayak Vice Chairman of M/s. Astral Glass Pvt. Ltd. Adinath Towers, A, 2nd Floor, Nancy Colony, Borivali (E), Mumbai 400 066.

Accused

CHARGES : U/s. 138 r/w 141 of Negotiable Instruments Act 1881. CLAIM FOR Rs.15,61,619/MAY IT PLEASE YOUR WORSHIP : I, Shri. Tapabrata Moitra, Manager Legal, having its registered office situated at, Metropolitan Building, 6th floor, Bandra - Kurla Complex, Bandra (East), Mumbai 400 051, do herby state on solemn affirmation as under.:1. I say that the accused No. 2 & 3, on behalf of accused No. 1 2 :: 2 :: have approached us with request for trade finance facility and accordingly said facility has been granted requirement. 2. That in discharge of said liability towards repayment of the abovesaid trade finance facility due and payable to us accused had issued us a cheques bearing Nos. 153317, 164566, 164291 and 164454 dated 24/08/2006, 27/08/2006, 29/08/2006 and 30/08/2006 for Rs.2,83,800/- 4,33,591, 5,26,363/- and 3,17,875/- respectively aggregating to Rs.15,61,619/- drawn on Saraswat Co-Op. Bank Ltd., Boriwali (W) Branch as a part payment in favour of complainant duly signed by you No. 3 on behalf of you No.1. I say that being a Manager Legal of the complainant company who has duly authorized me to file this present complaint and as such I am familiar and conversant with the facts of the case. The Board resolution dtd. 24/01/2006 is annexed herewith. 3. I say that on instructions of accused we have deposited above cheques issued by accused for encashment with their Bankers Viz. UTI Bank Ltd, B.K.C. Branch, however both by us to the accused as per their request and

the cheques were returned unpaid and dishonoured

by

accused Bankers with remark Funds Insufficient. We have received the said returned cheques and Memos through our Bankers with their Bankers Memo on 25/08/2006, 29/08/2006, 30/08/2006 and 31/08/2006 respectively. 4. I say that Accused No. 1 is private limited company of which accused No. 2 is chairman-cum-M.D. and accused No.3 is the Vice-Chairman and also authorized signatory of accused No. 1. At all material time relevant and relating to the complaint Accused No. 2 & 3 were and are in charge of and responsible for the conduct of business of Accused No.1 3 :: 3 :: and are also looking after day to day affairs of Accused No.1. It is further submitted that Accused No.2 & 3 with Accused No.1 are liable to be prosecuted and / or connived in the commission of the present offence, in limited company. 5. I say that as narrated in para 1 accused No. 2 & 3 being responsible for the affairs of Accused No.1 i.e. private limited company are liable to be prosecuted for having committed a criminal offence in the event of failure on their part to comply with the requisitions contained in the statutory notice dtd.13/09/06, which sent to them both under R.P.A.D. & U.P.C. on 14/09/06. I say that notice was duly received by all the accused on 16/09/06. Thus accused have failed and neglected to make our payment under the above said dishonoured cheques. their capacity as a Chairman-cum-M.D. and ViceChairman/signatory of the said private

6. I say that above accused have thus committed an offence punishable u/s 138 r/w of 141 of Negotiable Instrument Act (as amended). 7. I say that the office of the complainant company is situated within the jurisdiction of this Honble Court and hence this court is competent to entertain and try this present complaint. 8. The statutory notice was issued to the accused within the stipulated time and the present complaint is being filed within the prescribed period as provided under section 142(b) of the Negotiable Instruments Act, 1881. 4

:: 4 :: 9. Under this circumstances it is prayed that this Honble Court may be pleased to issue process against the accused for the commission of the said offence and they may be dealt with according to law. It is further prayed that if penalty is imposed on conviction the same may be refunded to the complainant. And for this act of kindness the complainant shall ever pray. MUMBAI : DATED : COMPLAINANT LIST OF DOCUMENTS / WITNESSES : 1. Dishonoured Cheques.

2. Bank Memos. 3. Demand Notice. 4. Postal Receipts. 5. Acknowledgements. 6. Manager of both the bankers to produce necessary documents. 7. Any other witnesses with the permission of this Honble Court.

BEFORE THE LD. METROPOLITAN MAGISTRATES 12TH COURT AT BANDRA, MUMBAI. C.C. NO. / SS / 2006

GLOBAL TRADE FINANCE LTD. Through Shri. Tapabrata Moitra, Manager Legal, Office situated at, Metropolitan Building, 6th floor, Bandra Kurla Complex, Bandra (East), Mumbai 400 051. ...Complainant Versus 1. M/S. Astral Glass Pvt. Ltd. Adinath Towers, A, 2nd Floor, Nancy Colony, Borivali (E), Mumbai 400 066. 2. Mr. Satish P. Bhat. Chairman-cum-M.D.of M/s. Astral Glass Pvt. Ltd. Adinath Towers, A, 2nd Floor, Nancy Colony, Borivali (E), Mumbai 400 066. 3. Mr. V. R. Nayak Vice Chairman of M/s. Astral Glass Pvt. Ltd. Adinath Towers, A, 2nd Floor, Nancy Colony,

Borivali (E), Mumbai 400 066.

Accused CHARGES : U/s. 138 r/w 141 of Negotiable Instruments Act 1881. CLAIM FOR Rs.62,81,312/MAY IT PLEASE YOUR WORSHIP : I, Shri. Tapabrata Moitra, Manager Legal, having its registered office situated at, Metropolitan Building, 6th floor, Bandra - Kurla Complex, Bandra (East), Mumbai 400 051, do herby state on solemn affirmation as under.:1. I say that the accused No. 2 & 3, on behalf of accused No. 1 2 :: 2 :: have approached us with request for trade finance facility and accordingly said facility has been granted requirement. 2. That in discharge of said liability towards repayment of the abovesaid trade finance facility due and payable to us accused had issued us a cheques bearing Nos. 153153, 153325, 153126, 153226, 153316, 153171 all dated 15/08/2006 and Cheque No.153154 dated 16/08/2006 for Rs.20,75,625/-, 3,85,497/-, 7,54,381/-, and 4,61,493/-, 18,33,750/4,60,935/-, respectively 3,09,631/by us to the accused as per their request and

aggregating to Rs.62,81,312/- drawn on Saraswat Co-Op. Bank Ltd., Boriwali (W) Branch as a part payment in favour of complainant duly signed by you No. 3 on behalf of you No.1. I say that being a Manager Legal of the complainant company who has duly authorized me to file this present complaint and as such I am familiar and conversant with the

facts of the case. The Board resolution dtd. 24/01/2006 is annexed herewith. 3. I say that on instructions of accused we have deposited above cheques issued by accused for encashment with their Bankers Viz. UTI Bank Ltd, B.K.C. Branch, however both the cheques were returned unpaid and dishonoured by accused Bankers with remark Funds Insufficient. We have received the said returned cheques and Memos through our Bankers with their Bankers Memo on 17/08/2006. 4. I say that Accused No. 1 is private limited company of which accused No. 2 is chairman-cum-M.D. and accused No.3 is the Vice-Chairman and also authorized signatory of accused No. 1. At all material time relevant and relating to the complaint Accused No. 2 & 3 were and are in charge of and responsible for the conduct of business of Accused No.1 3 :: 3 :: and are also looking after day to day affairs of Accused No.1. It is further submitted that Accused No.2 & 3 with Accused No.1 are liable to be prosecuted and / or connived in the commission of the present offence, in limited company. 5. I say that as narrated in para 1 accused No. 2 & 3 being responsible for the affairs of Accused No.1 i.e. private limited company are liable to be prosecuted for having committed a criminal offence in the event of failure on their part to comply with the requisitions contained in the statutory notice dtd.13/09/06, which sent to them both under R.P.A.D. & U.P.C. on 14/09/06. I say that notice was duly their capacity as a Chairman-cum-M.D. and ViceChairman/signatory of the said private

received by all the accused on 16/09/06. Thus accused have failed and neglected to make our payment under the above said dishonoured cheques. 6. I say that above accused have thus committed an offence punishable u/s 138 r/w of 141 of Negotiable Instrument Act (as amended). 7. I say that the office of the complainant company is situated within the jurisdiction of this Honble Court and hence this court is competent to entertain and try this present complaint. 8. The statutory notice was issued to the accused within the stipulated time and the present complaint is being filed within the prescribed period as provided under section 142(b) of the Negotiable Instruments Act, 1881. 4

:: 4 :: 9. Under this circumstances it is prayed that this Honble Court may be pleased to issue process against the accused for the commission of the said offence and they may be dealt with according to law. It is further prayed that if penalty is imposed on conviction the same may be refunded to the complainant. And for this act of kindness the complainant shall ever pray. MUMBAI : DATED :

COMPLAINANT LIST OF DOCUMENTS / WITNESSES : 1. Dishonoured Cheques. 2. Bank Memos. 3. Demand Notice. 4. Postal Receipts. 5. Acknowledgements. 6. Manager of both the bankers to produce necessary documents. 7. Any other witnesses with the permission of this Honble Court.