IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE,

CENTRAL DISTRICT, TIS HAZARI COURTS, DELHI

C. C. NO. ………. OF 2024
IN THE MATTER OF:
MOHD. MUQSIT …COMPLAINANT
Versus
ASAD …ACCUSED

MEMO OF PARTIES

Mohd. Muksit
S/o Mohd. Anees,
R/o House No. 1884, Gali Patte Wali, Bazaar Sui Walan,
Daryaganj, Delhi-110002 … Complainant
VERSUS
Asad
S/o Mohd. Anees,
Address: D-1/134, Near Masjid,
Mayapuri, Phase-II, New Delhi-110064
Also at: H. No: 2252, Gali Shankar Wali,
Near Masjid, Behind Police Bhawan,
Turjkman Gate, Delhi-110002 … Accused

Delhi
Date:
Complainant

Through

Counsel
 IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE,
CENTRAL DISTRICT, TIS HAZARI COURTS, DELHI
C. C. NO. ………. OF 2024
IN THE MATTER OF:
MOHD. MUQSIT …COMPLAINANT
Versus
ASAD …ACCUSED

COMPLAINT BY AND ON BEHALF OF THE COMPLAINANT

UNDER SECTION 223 R/W SECTION 210 & 222 OF BNSS, 2023,
TO TAKE COGNIZANCE OF THE COMPLAINT UNDER
SECTION 356 OF BNS, 2023.

Hon’ble Sir,

The Complainant most respectfully submits as under: -

1. That the Complainant, Mr. Mohd. Muksit, is a responsible,

law-abiding citizen who has lived his life adhering to the
principles of honesty, integrity, and moral values. The
Complainant has always conducted himself with propriety and
is highly regarded for his strong ethical and family values. He
is deeply rooted in the local community and is known for his
calm demeanor and peace-loving nature. He has gained
significant respect within his community due to his genuine
and ethical conduct, which has earned him a position of trust
among his peers.

2. That the Complainant, for the past two decades, has diligently
operated a business in Mayapuri, New Delhi, building his
 establishment into a reputable and successful enterprise that is
well-known in the area. Over the years, the Complainant’s
shop has gained a loyal customer base due to his honest
dealings, transparent transactions, and dedication to quality,
which has reinforced his reputation as a responsible business
owner. The Complainant is widely respected in the
community, and his business reputation is a direct result of
years of hard work, sincerity, and ethical practices.

3. That the Accused, Mr. Asad, is the younger brother of the

Complainant. Over time, the Complainant has extended help
to the Accused on several occasions, as they shared a close
family bond. In 2023, the Accused sought financial assistance
from the Complainant, expressing a desire to start his own
business. In response to his brother’s needs, and motivated by
familial goodwill, the Complainant provided a loan of Rs.
15,00,000/- to the Accused. The Complainant made this
decision in good faith, trusting that the Accused would honor
his commitments regarding repayment, especially given the
close familial relationship they share.

4. That despite the Complainant’s support and the substantial

sum lent, the Accused failed to fulfill his obligations
regarding repayment. When the Complainant began
requesting repayment, the Accused not only ignored these
requests but also responded with hostility. Instead of
approaching the matter responsibly, the Accused embarked on
a campaign of malicious defamation, designed to harm the
Complainant’s reputation within the community and business
 circles. The Accused used this conflict as a basis to spread
false, defamatory statements about the Complainant,
questioning his character, professionalism, and ethics.

5. That in early October 2024, the Accused began publicly

disparaging the Complainant. On 08.10.2024, during a
community meeting attended by numerous local residents,
business owners, and members of the public, the Accused
made defamatory statements against the Complainant. In the
presence of this large gathering, the Accused falsely accused
the Complainant of coercive behavior and unethical practices,
portraying him as someone who uses financial power to
exploit family members. These baseless accusations were
made with the clear intention of maligning the Complainant
and damaging his standing within the community.

6. That after this public incident, the Accused’s actions became

more aggressive. He arrived at the Complainant’s shop,
accompanied by a group of individuals, and proceeded to
publicly hurl derogatory accusations at the Complainant. In
front of customers, fellow business owners, and shopkeepers,
the Accused referred to the Complainant in insulting terms
and alleged that the Complainant’s business practices were
fraudulent. This incident caused severe embarrassment to the
Complainant, tarnishing his reputation and undermining the
respect and trust he had built over years.

7. That the Accused’s defamatory acts did not stop at public

gatherings; he further escalated the matter by continuously
 spreading false and damaging rumors about the Complainant
among local business owners, customers, and mutual
acquaintances. The Accused suggested that the Complainant’s
business practices were dishonest, and that dealing with him
would be unwise, thereby discouraging potential and existing
customers from frequenting the Complainant’s shop. These
defamatory statements were not only untrue but were crafted
to mislead the public and harm the Complainant’s reputation,
causing him financial loss and a decline in business.

8. That the Complainant has suffered significantly due to the

Accused’s defamatory actions. The trust his customers once
had in his business has been undermined, resulting in a
tangible decline in customers and subsequent financial losses.
Moreover, the defamatory statements have caused emotional
distress to the Complainant, subjecting him to mental anguish
and impacting his well-being. The defamatory statements
made by the Accused have caused the Complainant to face
public ridicule and loss of social standing, eroding the
goodwill he has built over decades.

9. That the actions of the Accused clearly amount to defamation

under Section 356 of the Bharatiya Nyaya Sanhita, 2023,
which prohibits the intentional publication of false statements
made with the purpose of damaging another’s reputation. The
elements of defamation are fully satisfied here, as the
Accused’s statements were: (a) False – as they bear no truth
and have no foundation in fact; (b) Publicized – as they were
made in community meetings, in public forums, and directly
 in front of the Complainant’s customers and associates; and
(c) Intended to Harm – as the clear objective was to destroy
the Complainant’s reputation and undermine his professional
and personal standing.

10. That the defamatory actions have caused irreparable harm to

the Complainant’s business, resulting in the loss of goodwill,
diminished customer trust, and direct financial impact. Many
customers who once relied on the Complainant’s services
have become hesitant to engage with him, leading to a decline
in sales and a compromised business reputation. The
Complainant’s business reputation is an asset built on years of
dedication, and the Accused’s actions have directly tarnished
this invaluable asset.

11. That in addition to financial losses, the Accused’s actions

have caused the Complainant immense mental anguish and
emotional suffering. As a respected individual, the
Complainant’s standing in society is of great personal
importance. The defamatory acts by the Accused have led to
public humiliation and insult, affecting the Complainant’s
peace of mind and causing mental trauma.

12. That the cause of action for this complaint arose on

08.10.2024, when the Accused made public defamatory
statements during a meeting in Mayapuri. The subsequent
defamatory actions, which included spreading false statements
among customers and making derogatory remarks at the
 Complainant’s shop, compounded the injury to the
Complainant’s reputation and finances.

13. That this Hon’ble Court has the jurisdiction to entertain and
try this complaint, as the defamatory acts were committed
within the territorial jurisdiction of this Court, and the injury
to the Complainant’s reputation and business occurred locally
within this jurisdiction.

PRAYER:

In light of the above-mentioned facts and circumstances, the Complainant

respectfully prays that this Hon’ble Court may be pleased to:

a)
b. Pass any other order/s as deemed fit and proper in the interest of justice
by this Hon’ble Court.

COMPLAINANT

Through

COUNSEL
 IN THE COURT OF CHIEF METROPOLITAN MAGISTRATE,
CENTRAL DISTRICT, TIS HAZARI COURTS, DELHI
C. C. NO. ………. OF 2024
IN THE MATTER OF:
MOHD. MUQSIT …COMPLAINANT
Versus
ASAD …ACCUSED

AFFIDAVIT

I, Mohd. Muqsit S/o Mohd. Anees, aged about …. Yrs, R/o- House No.
1884, Gali Patte Wali, Bazaar Sui Walan, Darya ganj, Delhi-110002, do
hereby solemnly affirm and declare as under:

1. That the deponent being the complainant in the above complainant, is

well conversant with the facts and circumstances of the application so
competent to swear this affidavit.
2. That the accompanying complaint has been drafted by my counsel
under my instructions and the contents of the same are true and
correct to my knowledge.
3. That the contents of the accompanying complaint are not repeated
herein for the sake of brevity and the same may be read as part and
parcel of this affidavit

Deponent
Verification:
Verified on Delhi on this …… day of November 2024 that the contents of
the above affidavit are tru and correct to the best of my knowledge and
believed nothing has been concealed therefrom. Deponent