An application under Sections 34/406/ 417/420 of the Penal Code, 1860

BEFORE THE SENIOR JUDICIAL MAGISTRATE, MONOHORDI, NARSINGDI

C.R. CASE NO. _________ OF ___________

IN THE MATTER OF:

An application under Sections 34/406/ 417/420 of the Penal Code, 1860.

AND

IN THE MATTER OF

Md. X

S/o. Y

Village: Hitashi

Thana: Monohardi

District: Narsingdi

And

Md. X

S/o. Y

Associate Member

A. B. Trade Limited

Head office:

House No. 27, Road No. 12

Block No. H

Banani, Dhaka-1213

COMPLAINANT

-Versus-

1. Mr. A

S/o. B

Village: Chandiber

P.S. Bhairab

District: Kishorgonj

And

Mr. A

Proprietor

K Travels Agency

145, New Airport Road Super Market

Room No. 59, Monipuri Para

P.S. Tejgaon

Dhaka-1215

And

Mr. A

S/o. B

House No. 437/2

Shewrapara

Mirpur, Dhaka

02. Mr. C

Son of Unknown

Kaligonj Muslim Cotton Mills Colony

P.S. Kaligonj

District: Gazipur

And

Mr. C

Son of Unknown

Sales Executive

K Travels Agency

145, New Airport Road Super Market

Room No. 59, Monipuri Para

P.S. Tejgaon

Dhaka-1215

03. Unknown

W/o. A

House No. 437/2

Shewrapara

Mirpur, Dhaka

ACCUSED

Place of occurrence

Different places including Complainant’s place of residence situated at-

Village: Hitashi

Thana: Monohardi

District: Narsingdi

Date of occurrence

On 16.09.08, 24.09.08, 29.09.08, 11.10.08, 13.10.08, 14.10.08, 19.10.08, 23.10.08, 25.10.08, 27.10.08, 28.10.08, 12.11.08, 13.11.08, 17.11.08, 19.11.08, 22.11.08, 23.11.08, 01.12.08, 27.12.08, 13.01.09, 14.01.09, 19.01.09, 21.01.09, 25.01.09, 26.01.09, 29.01.09, 31.01.09 and 03.03.2009 when the accused received taka 29,98,000.00 (taka twenty nine lac ninety eight thousand) from the Complainant on the above dates for the purpose of sending people in abroad.

Witnesses:

1. Mr. U

S/o. Late S

235, Brahmondi

(Near Narsingdi Govt. College)

P.S. Narsingdi

District: Narsingdi

2. Mr. V

Son of T

Village: Sherpur

P.S. Raipura

District: Narsingdi

3. Mr. W

Son of R

Village: Gobindapur

P.S. Raipura

District: Narsingdi

The humble petition on behalf of the complainant most respectfully –

SHEWETH:

1. That the Complainant is an associate member of A.B. Trade limited having its global recruitment licence No. RL-774. His business involves collecting peoples from any part of Bangladesh who intend to go abroad for job and take those peoples to man power agent(s) who contact with the job providers in aboard (hereinafter referred to as the “Complainant”).

2. That the Accused No. 1 is the proprietor of K Travels Agency, 145, New Airport Road Super Market, Room No. 59, Monipuri Para Tejgaon, Dhaka-1215 (the “Anika Agency”). He runs the man-power business under the name of the said Anika Agency. The Accused No. 2 is nephew of the Accused No. 1 and sales executive of said Anika Agency; Accused No. 3 is the wife of the Accused No. 1. The Accused No.1 in collision with Accused No. 2 and 3 received the money from the Complainant.The Accused addresses in the cause title are correct to the best of the Complainant’s knowledge and as record kept with the Complainant for the purpose of servicing summons and other notices from the learned Court.

3. That in the course of business, the Complainant had some man-power export dealing with the Accused No. 1. By this way, the Accused No. 1 created trust relationship with the Complainant.

4. That subsequent to the creation of above relation with the Accused No. 1, the Complainant had an oral agreement with the Accused No. 1 regarding exporting man-power. The Complainant managed/collected about 28 men who intended to go aboard for job. On 16.09.2008, the Complainant visited the Anika Agency and hand over taka 1,00,000.00 (taka one lac) only to Accused No. 1 for the purpose of exporting 13 men in Chocolate factory in abroad. The Complainant again visited the Anika Agency on 24.09.2008 and handed over taka 50,000.00 to Accused No. 1 for the purpose of exporting 8 (eight) technician in abroad. Subsequently, the Complainant visited the Anika Agency on 29.09.08 and 11.10.08 and handed over taka 40,000.00 (taka forty thousand) only and taka 50,000.00 (taka fifty thousand) only respectively for the purpose of exporting the men in abroad. The Complainant gave to the Accused No. 1 at the Anika Agency taka 30,000.00 (taka thirty thousand) for obtaining a K.S.A. visa on 13.10.2008. Again the Complainant visited the Anika Agency on 14.10.2008 and handed over taka 1,70,000.00 (one lac seventy thousand) only for the purpose of exporting men in abroad. The Accused No. 1 received taka 50,000.00 (taka fifty thousand) only at the Anika Agency from the Complainant for collecting K.S.A. visa. Later on the Complainant visited the Travels Agency on 23.10.08, 25.10.08, 27.10.08, 28.10.08 and gave taka 3,00,000.00 (taka three lac), taka 2,00,000.00 (taka two lac), taka 2,50,000.00 (taka two lac and fifty thousand), taka 1,50,000.00 (taka one lac and fifty thousand) respectively to the Accused No. 1 for the purpose of exporting men in abroad. The Complainant also visited on 12.11.08, 13.11.08, 17.11.08, 19.11.08, 22.11.08, 23.11.08, 01.12.08, 27.12.08, 13.01.09, 14.01.09, 19.01.09, 21.01.09, 25.01.09, 26.01.09, 29.01.09, 31.01.09 and 03.03.09 the Anika Agency and gave the Accused No. 2 in the absence of Accused No. 1 taka 50,000.00 (taka fifty thousand), taka 1,50,000.00 (taka one lac fifty thousand), taka 1,00,000.00 (taka one lac), taka 2,00,000.00 (taka two lac), taka 90,000.00 (taka ninety thousand), taka 1,30,000.00, (taka one lac thirty thousand), taka 50,000.00 (taka fifty thouand), taka 2,00,000.00 (Taka two lac), taka 1,000.00 (taka one thousand), taka 35,000.00 (taka thirty five thousand), taka 35,000.00 (taka thirty five thousand), taka 1,17,000.00 (taka one lac seventeen thousand), taka 2,20,000.00 (taka two lac twenty thousand), taka 1,10,000.00 (taka one lac ten thousand), taka 10,000.00 (taka ten thousand), taka 1,00,000.00, (taka one lac), taka 10,000.00 (taka ten thousand) respectively for the purpose of exporting the men in abroad in presence of witnesses.

5. That the Accused No. 1 received more than 20 passports at the Anika Agency from the Complainant for the completion of ticketing on different time which are still in possession of the Accused no. 1. The Accused No. 1 and 2 hand over more than 28 visa of different Gulf States out of which the Accused No. 2 handed over 7 Dubai visa and 6 Qatar visa.

6. That the Complainant after having such visa took those visa to different ticketing agencies for the purpose of purchasing tickets for concerned men. The ticketing agencies of different Air Lines found those visa fake. The Complainant also contacted different Air Line offices for verifying genuineness and they also found those visa fake.

7. That in the stated circumstances, the Complainant got puzzled and requested the Accused Nos. 1 and 2 to give back the money. Upon repeated requests from the Complainant, the Accused No. 1 stopped coming at his Anika Agency. The Complainant visited the residence of Accused No. 1 and found his wife. The Complainant claimed money back from his wife. She threatened the Complainant not to come again at their residence and claim the money. The Accused No. 1 is also refrained from giving back all passports that he took from the Complainant for the purpose of ticketing.

8. That the Complainant tried to contact with the Accused No. 1 but he is no longer keeping contact with the Complainant. Being cheated by the Accused, the Complainant informed the matter to all concerned.

9. That in the instant case the Accused Nos. 1-3 with an ulterior motive to gain illegal benefit from the Complainant created a relation with the Complainant and obtained the said money fraudulently from the Complainant in the name of fake visa.

10. That relying on the relation of belief and trust, the Complainant gave taka 29,98,000.00 (taka twenty nine lac ninety eight thousand) to the Accused on trust for sending the peoples in abroad and the Accused No. 1 & 2 received the same from the Complainant and delivered some fake visa to the Complainant. Upon demand the money back, the Accused No. 1 & 2 failed to give back the money.

11. That the Accused Nos. 1-3 with a common intention to defraud the Complainant delivered fake visa to the Complainant and collusively in connivance with each other and are not giving back the money to the Complainant and took benefit from thereon.

12. That the Accused Nos. 1-3 neither giving back the Complainant’s entitled money despite repeated request from the Complainant and thereby practiced shrewd fraud, criminal breach of trust upon the Complainant and committed a heinous crime.

13. That it is apparent from the entire transaction and subsequent activities of the Accused Nos. 1-3 that they have committed criminal breach of trust, cheating with the Complainant with the intention that they will not pay back the money and thereby caused huge financial loss to the Complainant. The Complainant is now helpless and facing serious hardship because of the fraudulent acts of the Accused. The Accused have committed offences under section 34, 406, 417, 420 of the Penal Code, 1860 and are liable to be punished.

14. That in view of the facts and circumstances stated above, the accused should be brought to justice as provided under section 34, 406, 417, 420 of the Penal Code, 1860.

Wherefore, it is humbly prayed that the Learned Court may graciously be pleased to take cognizance of the offence, issue warrant of arrest against the Accused and bring them to justice for the offence committed by them, and/or pass such other or further order or orders as the learned Court may deem fit and proper.

And for this act of kindness the complainant as in duty bound shall ever pray.

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