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145 (2) Application 138 Rev

This document is an application filed in the Court of Sh. Vipul Sandwar by the accused (Dinesh Kathuria) in a case under Section 138 & 142 of the Negotiable Instruments Act, 1881. The accused claims that the complainant (International Amusement and Infrastructure Ltd and Ors) has filed forged and fabricated documents with nefarious intent. They request permission to cross-examine the complainant's witnesses to prove their innocence and that they had nothing to do with the allegedly dishonored cheques mentioned in the complaint.

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25K views3 pages

145 (2) Application 138 Rev

This document is an application filed in the Court of Sh. Vipul Sandwar by the accused (Dinesh Kathuria) in a case under Section 138 & 142 of the Negotiable Instruments Act, 1881. The accused claims that the complainant (International Amusement and Infrastructure Ltd and Ors) has filed forged and fabricated documents with nefarious intent. They request permission to cross-examine the complainant's witnesses to prove their innocence and that they had nothing to do with the allegedly dishonored cheques mentioned in the complaint.

Uploaded by

shariq azmi
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

IN THE COURT OF SH. VIPUL SANDWAR, LD.

MM, PATIALA
HOUSE COURTS, DELHI

CC no. 8076 of 2019

IN THE MATTER OF:

Dinesh Kathuria …Complainant

Vs

International Amusement and

Infrastructure Ltd and Ors. … Accused

DOH 30.07.2019

APPLICATION UNDER SECTION 145(2) OF THE NEGOTIABLE


INSTRUMENTS ACT, 1881 ON BEHALF OF THE ACCUSED 1
TO 3, SEEKING PERMISSION TO EXAMINE THE WITNESSES
OF THE COMPLAINANT

MOST RESPECTFULLY SHOWETH

1. That the captioned case is pending before this Hon’ble

Court and is listed for today, i.e. 30.07.2019.

2. That the Applicant is the Accused 1 to 3 in the captioned

case filed under section 138 & 142 of the Negotiable

Instruments Act, 1881.

3. That the captioned case has been filed with nefarious intent

by the complainant, the Applicant has been arrayed as an

accused in his capacity being directors of the International

Amusement and Infrastructure Ltd and Ors. as the case of

the complainant is that the applicant has issued various

cheques to discharge his liability towards the complainant

which is strongly contested by the complainant. The

Complainant has forged and fabricated the documents to


prove his case. Thus, the complainant and his witnesses

are ought to be cross examined by the Applicant as the

Accused has got nothing to do with the cheques allegedly

dishonoured and the same was never issued to settle any

legally enforceable debt between the Complainant and the

Applicant.

4. That the cheque in question was issued blank in terms of

the amount filled in words and figures and in terms date of

issuance. Only the signatures on the cheques are genuine.

Thus, the complainant and his witnesses are ought to be

cross examined by the Applicant as the Accused has got

nothing to do with the cheques allegedly dishonoured and

the same was never issued to settle any legally enforceable

debt between the Complainant and the Applicant.

5. That the complainant has filed forged and fabricated

documents in support of his complaint hence the applicant

seeks permission to cross examine the witnesses of the

complainant in view of Mandvi Cooperative vs Nimesh B

Thakore (2010) 3 SCC 83.

6. That the Complainant has filed the captioned case on basis

of surmises and her whim, hence, the applicant may be

permitted to cross examine the witnesses of the

Complainant.
7. That the Applicant has been falsely roped in the present

case in his capacity of directors of the Accused no. 1. Hence

the present application.

PRAYER

It is therefore most humbly prayed that this Hon’ble Court

may be pleased to permit the applicant to cross examine

the witnesses of the Complainant to prove his case and

innocence in the interest of justice.

(Applicant)

Through

Z. A. Siddiqui/Sanjay Agnihotri
Advocate for the Accused no. 1 to 3
A-26, LGF, Jangpura Extn.
New Delhi 110 014
New Delhi
Date 30.07.2019

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