Application by accused under Section 145 NI Act for cross-examination of complainant's witnesses
Cites the IPC, CrPC or Evidence Act. For matters from 1 July 2024, use the BNS, BNSS or BSA.
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IN THE COURT OF SH. Presiding officer's name, MM, Court complex / district, Delhi, DELHI
CASE NO.
IN RE:
M/s Complainant's company name.... Complainant
VERSUS
M/s Respondent's company name... Respondents
MOST RESPECTFULLY SHOWETH:-
1.THAT the present case is fixed for hearing today, i.e., Date of hearing, before this Hon'ble Court. The present complaint case is founded on false and fabricated facts and is liable to be dismissed.
2.THAT the present complaint case is based on false and fabricated facts and is liable to be dismissed. The alleged story of the complainant that the applicant/accused was under an alleged liability to pay Rs. First alleged liability amount (₹)/-, Rs. Second alleged liability amount (₹)/- and Rs. Third alleged liability amount (₹)/- has never been incurred by the applicant/accused towards the complainant.
3.THAT the true facts regarding the cheques in question are that the applicant/accused issued cheque bearing number First cheque number dated First cheque date for a sum of Rs. First cheque amount (₹)/-, cheque bearing number Second cheque number dated Second cheque date for a sum of Rs. Second cheque amount (₹)/-, and cheque bearing number Third cheque number dated Third cheque date, not for any valuable consideration as claimed by the complainant. In fact, the aforesaid cheques were issued by the applicant/accused as collateral security for the purpose of sending goods to the respondent company.
4.THAT complaints regarding the sub-standard quality of goods/materials were made by M/s First company complaint was made to to M/s Second company complaint was made to, and these complaints were lodged through the applicant/accused in respect of the sub-standard quality of supplies made to M/s Supplier company name, as the applicant/accused were known to both the complainant and M/s Third company name and were acting as mediator/collateral for the supplies and payment thereof.
5.THAT cheques bearing number Fourth cheque number dated Fourth cheque date for a sum of Rs. Fourth cheque amount (₹)/-, cheque bearing number Fifth cheque number dated Fifth cheque date for a sum of Rs. Fifth cheque amount (₹)/-, cheque bearing number Sixth cheque number dated Sixth cheque date for a sum of Rs. Sixth cheque amount (₹)/-, cheque bearing number Seventh cheque number dated Seventh cheque date for a sum of Rs. Seventh cheque amount (₹)/-, and cheque bearing number Eighth cheque number dated Eighth cheque date for a sum of Rs. Eighth cheque amount (₹)/-, aggregating to a sum of Rs. Total amount of cheques (₹)/-, were issued by the applicant/accused against supplies made under specific invoices/bills. The cheques so issued by the applicant/accused were debited in their books of accounts against Party name against whom cheques were debited in books of accounts.
6.THAT on account of the complaints regarding the sub-standard quality of goods supplied, the complainant commenced negotiations with the applicant/accused as well as with M/s Supplier company name (repeated). On the complainant's assurance, all the cheques referred to hereinabove, except the cheque bearing number Lost cheque number for a sum of Rs. Lost cheque amount (₹)/- and the cheque bearing number Second lost cheque number dated Second lost cheque date for a sum of Rs. Second lost cheque amount (₹)/-, were not honoured, and the complainant was duly informed of this by the applicant/accused.
7.THAT on Date complainant informed of loss, the complainant informed the applicant/accused that the complainant had lost cheques bearing number First lost cheque number (as reported) dated First lost cheque date (as reported) for a sum of Rs. First lost cheque amount (₹, as reported)/- and cheque bearing number Second lost cheque number (as reported) dated Second lost cheque date (as reported) for a sum of Rs. Second lost cheque amount (₹, as reported)/-. Accordingly, at the request of the complainant, the complainant received a cash payment of Rs. Cash payment received amount (₹)/- against cheque bearing number Cheque number against which cash was received for a sum of Rs. Amount of that cheque (₹)/-.
It is pertinent to mention here that another cheque bearing number Replacement cheque number dated Replacement cheque date for a sum of Rs. Replacement cheque amount (₹)/- was issued in place of the cheque bearing number Original cheque number it replaced dated Original cheque date for a sum of Rs. Original cheque amount (₹)/-, and the said cheque was duly honoured/encashed by the complainant. Further, there is an endorsement on the reverse of the cheque bearing number Endorsed cheque number dated Endorsed cheque date for a sum of Rs. Endorsed cheque amount (₹)/- issued by the applicant/accused to the effect that the said cheque was issued in lieu of cheque bearing number Original cheque number referenced in endorsement dated Date of that original cheque.
8.THAT the complainant presented the cheques for encashment with a fraudulent intention and has, in fact, committed the offence of cheating by getting cheque number Encashed cheque number dated Encashed cheque date for a sum of Rs. Encashed cheque amount (₹)/- encashed, as well as by presenting cheque bearing number First cheque presented after part payment dated Date of that cheque for a sum of Rs. Amount of that cheque (₹)/- for encashment, and likewise cheque bearing number Second cheque presented after part payment dated Date of that cheque for a sum of Rs. Amount of that cheque (₹)/-, after the receipt of part payment of Rs. Part payment amount received (₹)/- against the said cheque. The applicant/accused were unaware of the dishonest intention of the complainant that he would misuse these cheques by filing false cases against the applicant/accused. It is pertinent to mention here that the complainant failed to provide correct information to this Hon'ble Court and has now started misusing the said cheques against the applicant/accused.
9.THAT the present case involves several issues which can be decided only after evidence is led. Cross-examination of the complainant and his witnesses is entirely necessary for a just trial and a fair decision of the case.
10.THAT if the applicant/accused is granted an opportunity to cross-examine the complainant and his witnesses, there are likely chances that the applicant/accused would demolish the complaint case.
PRAYER:-
It is, therefore, most respectfully prayed that this Hon'ble Court may kindly be pleased to allow the applicant/accused to cross-examine the complainant's witnesses.
Prayed accordingly.
DelhiApplicant
Datedthrough
Counsel