Application by accused in cheque bounce complaint for filing additional documents on record
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IN THE COURT OF Court of the Metropolitan Magistrate, LD. M.M., SOUTH DISTRICT, SAKET COURTS, NEW DELHI
CT. CASES NO. Complaint case number/Year of case number
IN THE MATTER OF:-
Complainant's name…COMPLAINANT
VERSUS
Accused's name…ACCUSED
APPLICATION ON BEHALF OF THE APPLICANT/ACCUSED FOR FILING THE RELEVANT/ADDITIONAL DOCUMENTS ON RECORD
MOST RESPECTFULLY SHOWETH:-
1.That the aforesaid complaint case filed by the complainant against the accused is pending before this Hon'ble Court, and the matter is listed today for arguments.
2.That on Date of cross-examination (day).Date of cross-examination (month).Date of cross-examination (year), during the cross-examination of the complainant, it was revealed that the complainant had filed a case against the Defendant in complainant's other civil case, which is pending before the Court where complainant's other civil case is pending for recovery of a sum of ₹Amount claimed in complainant's other civil case (₹). At the request of the accused, the cross-examination was deferred, and this Hon'ble Court directed the complainant to bring on record the ITRs and the proceedings of the said civil case along with the accompanying documents; however, the complainant has deliberately failed to file the same till date. After waiting for a considerable period for the complainant to file the said documents, the applicant himself applied for the certified copies of the same in the year Year of application for certified copies.
3.That upon perusal of the said documents, it has come to the knowledge of the applicant that the complainant has been intentionally and deliberately deceiving innocent persons by instituting false and frivolous cases against them. The said documents, which reflect the conduct and background of the complainant, are therefore essential and necessary for a just decision of the case. The existence of the said documents came to the knowledge of the applicant during the cross-examination of the complainant.
4.It is further submitted that the said documents could not be filed earlier by the applicant owing to the prevailing pandemic, and the said documents are necessary for the adjudication of the present case.
5.That the said relevant documents are necessary for the purpose of determining the real question of controversy between the parties and for the effective adjudication of the present case, as the matter is presently at the stage of arguments.
6.That the present application is being filed before this Hon'ble Court with a bona fide purpose and without any prejudice to the other party, and the same deserves to be allowed in the interest of justice. The said additional documents are pertinent as they provide a clear and complete picture of the dispute between the parties.
7.That in the interest of justice, and for bringing an important fact and material evidence before this Hon'ble Court for its fair and proper adjudication, the accused seeks an opportunity to place the additional documents on record.
8.It is submitted that the aforesaid additional documents are essential for a just decision of the case.
9.That in the event the present application is not allowed, the applicant shall suffer irreparable loss which cannot be compensated in terms of money.
10.That the present application is filed to place the additional documents on record, and the same may be allowed in the interest of justice, as it shall cause no prejudice to the complainant.
11.That the present application is made in the interest of justice, equity and good conscience.
PRAYER
It is, therefore, most respectfully prayed that this Hon'ble Court may kindly allow the present application and permit the applicant to place on record the additional/relevant documents mentioned in paragraph 2 above, in the interest of justice.
Pass such other and further order(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.
DELHIAPPLICANT/ACCUSED
THROUGH
DATED
Applicant/accused's name
ADVOCATES
Address: Applicant's address
Applicant's city or additional address details
Mob. No. – Applicant's mobile number
Email: