IN THE HON’BLE COURT OF MS.
SWATI MALIK,
METROPOLITAN MAGISTRATE, DIGITAL COURT, NORTH
DISTRICT, ROHINI COURTS
CC/NI ACT/ 201/2021
IN THE MATTER OF:
ASHWANI KUMAR …..COMPLAINANT
VERSUS
ROHIT HANS @ JACKEY …..ACCUSED
U/S: 138 OF N.I. ACT
P.S. Mahendra Park
NDOH. 27.10.2022
INDEX
[Link]. PARTICULARS PAGE
NO.
1. Application on the behalf of Accused under 1-4
Section 315 of the Code of Criminal Procedure
2. Copy of Trade License granted to Neev Trading 5-8
company along with English translation
3. Letter dated 10.05.2022 issued by Indian Bank 9
4. Cancelled Cheque bearing deceased Harish 10
Kumar’s signature
5. Cheque book of Neev Trading Co 11-12
NEW DELHI
DATED:
Counsel for the Applicant/ Accused
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IN THE HON’BLE COURT OF MS. SWATI MALIK,
METROPOLITAN MAGISTRATE, DIGITAL COURT, NORTH
DISTRICT, ROHINI COURTS
CC/NI ACT/ 201/2021
IN THE MATTER OF:
ASHWANI KUMAR ....COMPLAINANT
VERSUS
ROHIT HANS @ JACKEY …..ACCUSED
U/S: 138 OF N.I. ACT
P.S. Mahendra Park
N.D.O.H: 27.10.2022
APPLICATION ON BEHALF OF THE APPLICANT/
ACCUSED UNDER SECTION 315 OF THE CODE OF CRIMINAL
PROCEDURE FOR SEEKING PERMISSION TO ADDUCE
EVIDENCE ON THE DEFENSE SIDE
MOST RESPECTFYULLY SHOWETH:
1. That the above captioned case is pending before this Hon’ble Court
and the same is fixed for today for further proceeding. The case is at
the defense side evidence stage. The accused intends to examine some
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witnesses on his side to rebut the evidence of the complainant to arrive
just decision of the case.
2. That the aforesaid complaint case has been filed by the complainant on
account of dishonor of the cheque bearing no.180009 dated
15.08.2020 for a sum of Rs. 1, 90, 000/- (Rupees One Lac Ninety
Thousand Only).
3. That by way of present application, the applicant/accused craves the
leave of this Hon’ble Court to examine himself before this Hon’ble
Court following ground/s;
a. For the reason that the there is no liability against the
applicant/accused to pay the cheque amount in the instant case
as the applicant/accused is not a drawer and account-holder of
the cheque in question.
b. For the reason that the cheque in question has not issued by the
accused and the same was not in discharge of any debt and
liability against the complainant. The accused had not taken any
money from the complainant.
c. For the reason that the Neev Trading Company was the sole
proprietorship concern of the accused’s father and the accused
has no concerns with the said proprietorship concern.
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d. For the reason that the applicant/accused has never received the
notice U/s. 138 of N.I. Act for the dishonor of the aforesaid
cheque in question and the very notice and its service proof
annexed with the complaint is a matter of scrutiny.
e. For the reason that the complainant has misused the cheque in
question.
f. For the reason that there is no legally enforceable debt exists in
the present case against the applicant/accused.
g. The non-applicant has failed to comply with the Section 138 of
the Act while issuing the legal notice to the applicant/ accused
as the non-applicant/ complainant has failed to show the liability
of the accused at the time of issuing the cheque in question, as
alleged.
4. That no prejudice is going to be caused to the case of the complainant
if the present application is allowed rather severe prejudice is going to
be caused to the accused if the present application is not allowed by
this Hon’ble Court.
5. That interest of justice also requires that the present application may
kindly be allowed by this Hon’ble Court and to arrive just decision of
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the case it is essential for the accused to depose evidence before this
Hon’ble Court, this application may kindly be allowed by the Hon’ble
Court in favour of the accused/ applicant in view of the submission
made hereinabove.
PRAYER:
In view of the facts and circumstances, it is most respectfully
prayed that this Hon’ble Court may be pleased to allow the application
and may kindly be pleased to a permit the applicant/ accused to adduce
evidence on the defence side, in the interest justice and thus render
justice.
Pass any such order(s) as the Court may deem fit in the interest of
justice in favour of the applicant and against the non-applicant.
New Delhi Applicant/Accused
Through:
Dated: Counsel for the Accused
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