Complainant: Harbhajansingh Kulwantsingh Sethi (Complainant)

Address: Flat No 88, Ground Floor, Sher e Punjab Society, Mahakali Caves Road, Andheri East, Mumbai 400093

Sections invoked: 406 and 420 of the Indian Penal Code

First Information Report: C R No 36 of 2023, Andheri Police Station

Date: January 14, 2023

Accused: Manoj Shyamnarayan Gond

The gist of the Complaint: Translated from Marathi to English on best effort basis.

Harbhajansingh Kulwantsingh Sethi (Complainant) aged 52 years residing at Flat No 88, Ground Floor, Sher e Punjab Society, Mahakali Caves Road, Andheri East, Mumbai 400093 since last 40 years with his family. The Complainant has a company in the name of computerbazar.net at 204, Lucky Corner Society, Andheri Kurla Road, Andheri East, Mumbai, through which they do the business of renting out laptops of different companies.

The Complainant is the proprietor of the enterprises, all affairs were personally looked after by him. The enterprise of the Complainant, MSME, was registered with Government under the Udyam Registration No: UDYAM-MH-19.0072062. While renting out the laptop, the Complainant used to place stickers on each computer. On the stickers, the account number was mentioned in such a manner, which linked it to the manufacturer. Accordingly, the stickers numbered 1 to 12, contained the month and the year either 2022 or 2023. Whenever the laptop is given on rent, the sticker placed on the laptop would specify the date, month, year, and basis on which, the Complainant would come to know on which date the laptop was rented out.

In June 2022, the Complainant was introduced to one individual identified as Mr. Manoj Shyamnarayan Gond having his address at A/103, B-4, Narmada Paradise, Building No 4, Near Flyover Bridge, Mira Bhayander Road, Bhayandar East, Thane 401105 by our mutual friend Mr. Mittal Shah.

At that time, Mr. Manoj Shyamnarayan Gond informed to Complainant that, he has IT Company identified as Orionspica IT Solutions Private Limited at Flat No 5, Ashish Building, Manish Nagar, Four Bungalows, Andheri West, Mumbai 400057 for which he required laptops on rental basis.

The Complainant took Mr. Gond’s company documents. Thereafter, on July 4, 2022, Mr. Manoj Gond took 5 laptops on rent, and on November 21, 2022, Mr. Gond returned the laptops and also made the due payment. Thereafter again, on December 22, 2022, Mr. Manoj Gond took 85 laptops for 5 months on a rental basis. The total rental amount payable for each month was Rs.2,00,600/- was decided and agreed and out of that, Mr. Gond remitted Rs..1,00,000/- from his ICICI Bank Account No: 104405002304, Marol Maroshi, Andheri East, Mumbai to Complainant’s PNB Account through RTGS and the balance amount of Rs.100600/- was committed to being paid in three days. The Complainant and Mr. Gond entered into an agreement for the purpose of the rental of laptops.