Cheque bounce (NI Act)

Application under Section 143A of the NI Act for interim compensation of 20% of cheque amount

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IN THE COURT OF SH. Judge's name, Ld. M.M., ROHINI COURTS, DELHI

C.C. NO. Complaint case number OF Year of complaint case

IN THE MATTER OF:

Complainant's name: COMPLAINANT

VERSUS

Accused's name: ACCUSED

APPLICATION ON BEHALF OF THE APPLICANT/COMPLAINANT UNDER SECTION 143A OF THE NI ACT FOR INTERIM COMPENSATION OF 20% OF THE CHEQUE AMOUNT

MOST RESPECTFULLY SHOWETH:

1.That the above-captioned complaint has been filed by the applicant/complainant against the accused persons and the same is pending before this Hon'ble Court, which is fixed for Next date of hearing.
2.That it is submitted that the complainant and the accused persons were engaged in regular business dealings in pharmaceutical products/medicines for several years, and in the course of such dealings, the accused persons purchased pharmaceutical products from the complainant company on different occasions.
3.It is further submitted that the accused persons had issued the three cheques in question against the aforesaid invoices in discharge of their liability, but the said cheques were dishonoured with the remarks "Exceeds Arrangement" vide returning memo dated Date of cheque return memo. The complainant therefore filed the present complaint against the accused persons.
4.It is further submitted that the total amount of the cheques in question represents an admitted liability of the accused persons, and in accordance with the provision introduced under Section 143A of the N.I. Act, the complainant is entitled to receive up to 20% of the amount of the cheques in question. Hence, the present application.
5.It is further submitted that the applicant seeks a direction from this Hon'ble Court to the accused persons to pay 20% of the amount of the cheques in question to the complainant in accordance with the said amended provision. The present application is made bona fide and in the interest of justice.

PRAYER:

In view of the facts and submissions made above, it is, therefore, most respectfully prayed that this Hon'ble Court may kindly direct the accused persons to pay 20% of the amount of the cheques in question to the complainant in accordance with the amended Act, in the interest of justice.

It is further prayed that such other and further order or orders may be passed as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice.

DELHITHROUGH APPLICANT/COMPLAINANT

DATED: Date of application

ADVOCATES

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