Ram Yatan Sharma Memorial Trust
A Public Charitable Trust
Full Stop No. 08/2020
Court Case Details: –
Name of the Court – Chief Judicial Magistrate Asansol
Heerapur PS 40/2020
Name of the Informant: – Shri Deepak Sinha A Resident at Shyam Bandh, Chuna Batti, (Near Dr. Gopal) Kali Mandir, Ps- Heerapur, Asansol West Bengal & Others.
Name of the Accused: – Ratan Kumar S/o Late Surendra Choudhary, Balughat, Ward No. 17, Ps- Town Muzaffarpur, District – Muzaffarpur Bihar
15.06.2020: –The Accused person lodged a case before the Town Police Station Muzaffarpur against the Informant. Vide Town PS Case No. 54/2020. In which the matter in dispute is that the Informant of Town PS 54/2020 is the proprietor of M/S Jyoti Automobile and the Accused is the sales head of a software developing company namely IT Native India Solution (in short hereafter referred to as the company). The representatives of the company (other co-accused) contacted with the informant and told the informant that if a sum of Rs. 18,00,000.00 was deposited in the account, the company supplied the software parts. The informant deposited Rs. 18,00,000.00 in the account of the company through a bank account in different dates. An agreement was also executed by the company in favour of the informant in said regard. But the company neither supplied software parts not returned said amount on demand of the informant. Ultimately the informant filed this case in which the accused Rahul Sinha was arrested and presently in judicial custody.
On the other hand, the case of the accused of Town Ps Case No. 54/2020 is that the no forgery was made on the part of the company, rather the said transaction is a commercial transaction.
The matter came into the cognizance of the Trust through the wife of Rahul Sinha. Being asked about the possibility of the compromise she said affirmatively. Accordingly, the matter is compromised between the parties in the following terms and conditions: –
- That the Complainant/Informant has already received Rs. 4,00,000.00 (Four Lacs only) before this case which the complainant hereby acknowledges and there is a liability on the complainant of M/s Mamata Enterprises and Dilip Jee amounting to Rupees 2,50,000/- (two lacs fifty thousand) and 1,50,000/- (One lacs fifty thousand) respectively which the accused hereby admits that the said liabilities will be borne by the accused and the Complainant/Informant shall have no concerned with the said liabilities.
- That the Informant received Bank Draft of Rs. 3,00,000.00 (Three lakh) issued by ICICI Bank vide draft No. 512424 dated 12.06.2020 amounting Rs. 2,00,000.00 (Two Lakhs) and draft No. 512426 dated 12.06.2020. Rs. 1,00,000.00 (One Lakh) in the name of Jyoti Automobiles.
- That for payment of security the Accused handed over two Post Dated Cheques to the Informant of amounting Rs. 5,50,000.00 each (cheque no. 000014 & 000015) of ICICI Bank dated 12.2020 & 14.06.2021.
- That, since the agreed amount would not satisfy the case, will proceed however within the fixed period of liquidating the cheque amount the complainant will not take any coercive action in this case.
- That the father of the accused namely Deepak Sinha has also filed a criminal case on the Complainant bearing Case No. Hirapur Asansol PS Case no. 40/20 u/s 420,406,504,120B dated 7/02/2020 which the accused in pursuance of this compromise accept that he shall not proceed with the aforesaid and shall withdraw the same unconditionally. It is also agreed that the Informant of Hirapur PS Case No. 40/2020 shall do all necessary steps (including Bail) on his own cost to withdraw the said case. The copy of the compromise must be communicated to the Hirapur Police Station before 25.06.2020. In this way, the litigation between them has now come to a full-stop.