National Housing Finance and Investments Limited -Versus-Z Developments and Holdings Limited

BEFORE THE COURT OF CHIEF METORPOLITAN MAGISTRATE, DHAKA

C.R CASE NO._________ OF ___________

An application under Sections 34/ 406/ 417/ 420/ 465/ 468/ 470/ 471 of the Penal Code, 1860.

AND

IN THE MATTER OF

National Housing Finance and Investments Limited

Corporate Head Office

National Plaza (7th Floor)
Sonargaon Road (Now 109, C.R. Datta, Bir Uttam Road)

Police Station-Tejgaon

Dhaka-1205.

Represented by

Mr. X

Son of Mr. Y

Age- _____

Officer

National Housing Finance and Investments Limited

National Plaza (7th Floor)
Sonargaon Road (Now 109, C.R. Datta, Bir Uttam Road)

Police Station-Tejgaon

Dhaka-1205.

COMPLAINANT

-Versus-

1. “Z Developments and Holdings Limited”

6/ Kha- 1/40

“Anwar Mansion” (3rd Floor)

Mirpur, Section-10

Police Station-Mirpur

Dhaka-1216.

2. Mr. A

Son of Mr. B

Age – _______

Managing Director

“Z Developments and Holdings Limited”

6/ Kha- 1/40

“Anwar Mansion” (3rd Floor)

Mirpur, Section-10

Police Station-Mirpur

Dhaka-1216.

3. Mr. C

Son of Mr. D

Age- about ___________ years

House No.7, Road No.-8

Block- B, Section-13

Mirpur

Police Station-Mirpur

Dhaka-1216.

And

Mr. C, UDA

Son of Mr. D

Age – about _________ years

BNS Haji Mohsin (MT Section)

Dhaka Cantonment

Dhaka-1206.

4. Mr. E

Son of – F

Age- About ____ Years

House No.7, Road No.-8

Block- B, Section-13

Mirpur

Police Station-Mirpur

Dhaka-1216.

Or

13/B, 8/7 Kafrul

Dhaka

5. Mrs. G

Wife of Mr. C

Age- About ______Years

House No.7, Road No.-8

Block- B, Section-13

Mirpur

Police Station-Mirpur

Dhaka-1216.
ACCUSED

Place of occurrence
Complainant Corporate Head Office premises situated at-

National Housing Finance and Investments Limited

National Plaza (7th Floor)
1/G, Free School Street
Sonargaon Road (Now 109, C.R. Datta, Bir Uttam Road)

Police Station-Tejgaon

Dhaka-1205.
Date of occurrence

29.03.2006

Witness:

Mr. H

Son of Dr. I

Age- __________

Manager (Legal Department)

National Housing Finance And Investments Limited

National Plaza (7th Floor)
Sonargaon Road (Now 109, C.R. Datta, Bir Uttam Road)

Police Station-Tejgaon

Dhaka-1205.

The humble petition on behalf of the complainant most respectfully –

SHEWETH:

1. That the complainant is a reputed non-banking financial institution duly incorporated under the relevant Companies Act of Bangladesh and carries on business as a non-banking financial institution having license from Bangladesh Bank under the Financial Institution Act, 1993. The complainant corporate Head Office is situated at the address given in the cause title. The complainant’s business includes inter alia, providing financial advances/services to prospective borrowers to enable them to purchase, develop or construct residential and/or commercial apartments, buildings, etc.

2. That the Accused is a government service holder by his profession. He has his addresses as given in the cause title which are correct to best of the knowledge of the Complainant.

3. Accused No.1 is the Z Development and Holdings Company and Accused No.2 is the Managing Director of the Accused No.1 where Accused No.3, 4, 5 made offence in connivance with the Accused No. 1 and 2. That the Accused No.3 is a borrower as per his application, Accused No.4 is the actual borrower in the name of Accused No.3. Accused No.5 is the co-applicant of the loan and wife of above-mentioned Accused No. 3 or 4 and also lives at the address given in the cause title. The address mentioned in the cause title is correct for servicing the summons, warrants and for taking other necessary legal steps.

4. That pursuant to a joint request made by both the Accused No.3 and 5 vide application dated 22.02.2006, the complainant vide offer letter no. 04 01 02948 dated 07.03.2006 sanctioned Home Mortgage Loan of Tk.7,000,00.00 (Taka seven lac) only, [hereinafter referred to as “the loan”] in favour of the Accused No. 3 and 5. The loan was sanctioned for the purpose of purchasing an apartment measuring 0.33 Katha, Type-A on the 3rd Floor of the Project namely “Z Rose” situated at Z Developments and Holdings Limited, 6/Kha-1/40, Anwar Mansion (3rd Floor), Mirpur-10, Dhaka-1216. The term of the offer letter was duly accepted by the Accused. Accused No.3 submitted his Employment certificate, Salary certificate, Photocopy of salary books, Income Tax certificate, Identity Card as evidence during application for loan to the complainant.

5. That a loan agreement was entered into by and between the complainant and the accused on 29th day of March, 2006 [herein after referred to as the “Loan Agreement”]. According to the term of loan agreement then accused undertook and agreed to make payment of the entire loan amount by 180 monthly installments of taka 9,976.00 (Taka nine thousand nine hundred and seventy six only).

6. That under the article 3.1 of the agreement the accused agreed to create registered mortgaged of the apartment in question to the complainant upon registration of the Deed of sale in their name.

7. That as security of the loan the accused on the same date executed/ furnished various charge documents such as Demand Promissory Note, Letter of Continuity and Letter of Undertaking securing the loan availed by the accused. The accused also executed registered mortgage of their apartment vide deed of mortgage No. 2288 dated 29.03.2006 and provided a registered Irrevocable General Power of Attorney, vide, Deed No. 2283 dated 29.03.06.

8. That after executing the charge documents in favour of the complainant as security of the loan, the accused Nos. 1 to 5 requested the complainant vide letter dated 29.03.06 to disburse the loan amount of Tk. 7,000,00.00 (Taka seven lac) only to the Developer “Z Developments and Holdings Limited”. As per the accuser’s request the entire loan amount was disbursed by the complainant to the accused on 29.03.06.

9. That Accused no.2 acknowledged receipt of Cheque No. 1266388 dated 29.3.2006 for Tk. 7,00,000.00 (Taka seven lac) only drawn on Mercantile Bank Limited, Motijheel Branch, issued by Complainant being disbursement of Home Mortgage Loan on account of Accused No. 3 (Actual accused No.4) made against his disbursement request and loan agreement against loan reference No. 04 01 02948 dated March 07, 2006.

10. That the complainant by its effort came to know that the Accused No. 3 who is the purchaser borrower of the loan and accused no. 4 is the same person together with accused No. 5 who was the co-applicant for loan in the sanctioned letter has committed crime with Accused No.3 or 4. Accused No.1 and 2 have also committed the crime in connivance with the Accused No.3-5. Accused No.1 to 5 with common intention have made up the forged and fabricated documents and cheated with complainant.

11. That the complainant Company again enquired the accused no. 1 to 5 regarding adjustment his loan, accused no. 1 and 2 stated that they are not aware of any fake documents/papers and accused no. 3 and 5 are no longer their customer. Accused No.1 and 2 also stated that we have already returned to the accused No. 3 and 5 the said loan amount which we obtained from the complainant on behalf accused no. 3 and 5 despite the subsistence of registered mortgage of the apartment. Moreover, the owner of the disputed flat/ mortgaged premises now belongs to another customer other than the accused Nos. 3 & 5. In fact, these are the tricks of accused No. 1 and 2 to defraud the complainant. In a word, the accused No. 1 and 2 are the main culprit and perpetrator of the said crime.

12. That it is apparent from the entire transaction and the papers/documents that the Accused no. 3(or 4), 5 in collusion with the Accused no. 1 and 2 (or accused Nos. 1 and 2 themselves) have committed cheating; dishonestly inducing; forgery with the intention that the forged document shall be used for the purpose of cheating; fraudulently or dishonestly using as genuine any document with the knowledge that the said documents are forged; criminal breach of trust with common intention; have got the subject matter (the mortgaged flat and Tk. 7,00,000.00) illegally on the basis of forged documents and thereby caused huge financial loss to the complainant. The accused have committed offences under section 34, 406, 417, 420, 465, 468, 470 and 471 of the Penal Code, 1860 of Bangladesh and are liable to be punished.

13. 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, 465, 468, 470 and 471 of the Penal Code, 1860 of Bangladesh.

Wherefore it is humbly prayed that the Hon’ble 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 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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