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Date: 16.12.2024

POLICE COMPLAINT

From,
Siddharth Kumar Salecha,
S/o Roop Chand,
M/s. Bhagyalaxmi Exports,
No. 16, Town Extension, 1st Floor,
4th Street, Sheriff Colony,
Tirupur, Tamilnadu – 641604.
Mobile No.: 9363015075

To.
The Commissioner of Police,

Tiruppur City,

Tamilnadu.

SUBJECT: Complaint for Cheating, Fraud and Criminal

Misappropriation against Accused Persons Rishab Bhandari and

Divyang Bhandari of Hem Shree Fab.

Respected Sir,

I, Siddharth Salecha, S/o Roop Chand, Partner and authorised

signatory of M/s Bhagyalaxmi Exports, a partnership firm having its

registered office at No. 16, Town Extension, 1st Floor, 4th Street, Sheriff

Colony, Tirupur – 641604 wish to lodge this comprehensive complaint

against Rishabh Bhandari Mobile No. - 9461279276. who is the

proprietor and his brother Divyank Bhandari Mobile No. - 9662110699,

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having their business through the company “Hem Shree Fab,” with GST

No. 24CETPB2413P1ZB and PAN No. CETPB2413P located at B-1039,

City Centre – 2, B/O Big Bazar, Near Raipur Gate, Ahmedabad,

Gujarat, 380001, The accused have defrauded me to the tune of Rs.

6,36,34,162/-, by making a fraudulent purchase of rayon fabric from me

under false pretences, and by failing to make payment or return the

goods.

I came to know about the accused persons named Rishabh

Bhandari and Divyank Bhandari and their company named “Hem Shree

Fab” located at 208, First Floor New Cloth Market, Ahmedabad, 380001,

who had enticed me to sell goods to their firm and had promised me to

make the payments on time. They had promised me to make payment for

the purchase and based on the assurance given by them I had sent the

goods After the purchase of goods from me, they have stopped made the

payment subsequent purchases. I was tricked into sending goods to the

accused persons because they have initially made all the payments in

time for about one and half years and after gaining my trust and

confidence they had stopped making payments for the purchase. The

accused had also sent me forged invoices of rayon clothes but no such

goods were delivered to me till date. This shows the criminal intent of the

accused to cheat me repeatedly by not making any payments that are

outstanding.

I have been tricked by the accused persons through their

company to put my hard-earned business income for the purpose of

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buying goods where the accused persons portrayed to be handling lawful

and legitimate business and made be purchase total goods worth of on

the following dates with the following amounts and I have attached the

respective invoices along with this complaint.

I had also previously filed this same complaint in Balotra

Police Station, Rajasthan (FIR No. 53) in 2024 but the Court heard the case

(F.R. No. 211/24) and asked me to transfer the compliant to Tiruppur Police

Station, Tamilnadu because of border and jurisdiction.

It is important to note that the accused had not only

committed the offences of cheating and forgery but also criminal breach

of trust by not making payment to the delivered goods.

Factual Background:

1. Our firm M/s. Bhagyalaxmi Exports is a reputed and long-lasting

entity in the textile industry, specializing in the manufacturing and

export of high-quality cotton and rayon fabrics. We have built a

strong reputation for business ethics over several years. The said

firm is a partnership firm consisting of partners, 1. ROOP CHAND

SALECHA, S/o CHAGANRAJ, 2. Mr. SIDHARTH KUMAR SALECHA, S/o

ROOP CHAND SALECHA, 3. Mrs. LEELA DEVI, W/o ROOP CHAND, 4.

Mrs. MAMTA DEVI W/o NARESH KUMAR, having our place of business

at No. 16, Town Extension, 1st Floor, 4th Street, Sheriff Colony,

Tirupur – 641604.
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2. I came into contact with the accused persons, Rishabh Bhandari

and Divyank Bhandari, who had expressed interest in purchasing

goods from me and assured me of prompt payment for the same.

They represented themselves as legitimate business persons and

owners of Hem Shree Fab, located at the address mentioned

above.

3. Rishabh Bhandari is the proprietor of the company and Divyank

Bhandari is his brother who helps him to manage the business on a

day to day basis.

4. Based on their initial dealings, wherein they made timely payments

for the goods purchased for a time period around one and half

years, so I trusted the accused and began sending substantial

quantities of goods to them. They continuously assured me that all

payments would be made on time, and I was encouraged to send

larger shipments of goods as their business seemed to be growing.

5. However, after a few months of regular transactions, the accused

stopped making payments for the rayon fabric I supplied. Despite

multiple reminders and requests for payment, they failed to honour

their financial obligations.

6. Not only did the accused persons fail to make the due payments,

but they also failed to return the goods worth Rs. 6,36,34,162/-

which they had acquired from me. My attempts to contact them

through phone calls, emails, and in-person visits to their office have

gone unanswered, and they have made no effort to resolve the

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matter. The breakup of outstanding amount payable by the accused

has been reproduced below from the ledger extracts of my firm:

Particulars Amount Credit/ Debit

Outstanding Balance 6,17,38,962 /- Debit

Interest on Sale 22,05,000 /- Debit

TDS 2,10,000 /- Credit

HDFC Bank Receipt 99,800 /- Credit

Total Outstanding Rs. 6,36,34,162 /-

Amount as on

07.08.2023

7. I enquired about the payment and for which the accused had sent

me invoices of rayon clothes worth Rs. 1, 77,62,350 /- and

promised me that they will be sending me goods but no such

clothes delivered by the accused and only I have received invoices

of goods. They had also not given me any answer regarding these

goods also as they had cheated me by making another fraudulent

promise.

8. I had also got to know that the accused persons have made default

in payments with various other sellers as well and it is pertinent to

note that they are habitual offenders.

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9. It is very important to bring in to your notice that one of the above-

mentioned accused had even attempted to kill me when I enquired

them about the outstanding payments and he has currently

absconded and had even moved outside India and flew to Africa to

escape from the law and authorities.

10. The above mentioned accused also have the following cases against

them before the Hon’ble Fast track Magistrate, Tirupur for their

dishonour cheques under Section 138 of the Negotiable

Instruments Act, towards their various transactions with my firm in

the following amounts:

Case No. Cheque Amount

STC – 915 / 24 Rs. 1,00,00,000/-

STC – 916 / 24 Rs. 50,00,000 /-

STC – 917 / 24 Rs. 10,00,000 /-

STC – 918 / 24 Rs. 65,00,000 /-

TOTAL Rs. 2,25,00,000 /-

(Rs. Two Crores and Twenty-
Five Lakhs)

11. I had previously lodged the same complaint previously in Balotra

Police Station, Rajasthan (FIR No. 53) this year (2024) where I

had given a detailed complaint against the accused but the court

after hearing the case (F.R. No. 211/24) advised me to transfer the

compliant to Tiruppur Police Station, Tamilnadu because of the

border and jurisdiction.

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12. This criminal act of the accused persons has caused me serious

harms and hardships both physically and mentally and I was put to

serious mental agony and mental distress and I am heavily

dependent on the outstanding amount payable to run my day-to-day

business activities.

Relevant Provisions of the Bharatiya Nyaya Sanhita (BNS):

I believe the accused have committed the following offenses under the

BNS:

1. Section 318 - Cheating and dishonestly inducing delivery of

property

The accused persons have induced me to send goods to them by

making false promises of payment, and by misrepresenting their

intention to make payment. They have dishonestly induced me to

part with my goods worth Rs. 6,36,34,162 /- and have failed to fulfil

their promises of payment, which amounts to cheating.

2. Section 316 (1) and (2) - Punishment for Criminal Breach of

Trust

The accused persons, having acquired goods from me with the

intent to make payment, have now failed to return those goods, and

have misused the trust I placed in them. This amounts to a criminal

breach of trust.

3. Section 336 (3) – Forgery for the purpose of cheating

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The accused persons used false invoices and documents to mislead

to create an illusion that they will be delivering goods whereas they

have not made the payment for the purchase and not delivered any

goods as claimed in their invoice.

Relief Sought:

I request that the following actions be taken by the police:

1. A First Information Report (FIR) should be lodged against the

accused persons, Rishabh Bhandari who is the proprietor of Hem

Shree Fab and Divyank Bhandari, who is his brother under the

relevant provisions of the appropriate criminal laws, including

Section 318, Section 316 (1) and (2) and Section 336 (3), along with

any other provisions that may apply during the investigation.

2. The accused persons should be immediately interrogated, and their

assets should be investigated to recover the outstanding amount of

Rs. 6,36,64,162/- along with appropriate interests till date.

3. I also request that the police initiate a thorough investigation into

the operations of Hem Shree Fab to determine whether there are

any other victims of fraud or similar crimes.

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4. I request the authorities to take swift legal action to ensure the

accused persons are held accountable for their actions, and to

prevent them from further defrauding innocent individuals or

businesses.

Supporting Documents:

1. Ledger Accounts reflecting all the transactions with the accused

person’s company.

2. Copies of invoices, purchase orders, and delivery receipts related to

the goods supplied to Hem Shree Fab.

3. Copy of FIR that was previously lodged in Balotra Police Station,

Rajasthan.

4. Copies of forged bills sent by accused persons without delivering

goods.

Given the above facts and circumstances, I humbly request you to register

an FIR against Rishabh Bhandari and Divyank Bhandari for cheating,

fraud, criminal misappropriation, and other applicable provisions of the

penal provisions of India and conduct a detailed investigation necessary

step as prescribed under the law to recover the pending dues as

mentioned above

along with appropriate interest and ensure that justice is served. I am

available to provide any further information or clarification if required.

Thank you for your attention to this matter.

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Yours faithfully,

Siddharth Salecha.