Application under Section 151 CPC for waiver of cost imposed in a Section 138 NI Act complaint
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IN THE COURT OF Name of the Metropolitan Magistrate, Ld. M.M., Court complex, DISTT. District courts complex COURTS, City.
CT. CASE NO. Complaint case number OF 20Year of filing of complaint.
IN THE MATTER OF:
Complainant's name: COMPLAINANT
VERSUS
First accused's name & ORS.: ACCUSED PERSONS
APPLICATION ON BEHALF OF THE APPLICANT / COMPLAINANT SEEKING WAIVER OF THE COST IMPOSED BY THIS HON'BLE COURT UPON THE COMPLAINANT.
MOST RESPECTFULLY SHOWETH :-
1.That the aforesaid complaint under Section 138 of the N.I. Act was filed by the complainant against the accused persons and is pending adjudication before this Hon'ble Court, and is listed for Next date of hearing.
2.That on Date of order imposing cost, this Hon'ble Court was pleased to impose a cost of Amount of cost imposed, to be deposited with the DLSA, City, upon the complainant for not pursuing the matter, and the matter was fixed for consideration.
3.It is submitted that the present complaint under Section 138 of the N.I. Act was filed by the complainant against the accused persons in Month and year of filing of complaint, and since then the accused have avoided appearing before this Hon'ble Court, which is evident from the ordersheets of this Hon'ble Court. It is revealed from the ordersheets that the complainant filed the process fee on more than five occasions as per the directions of this Hon'ble Court, and the accused have, till date, avoided service as well as appearance before this Hon'ble Court; even the warrant issued by this Hon'ble Court has not been executed by the process-serving agency till date, despite the repeated process fees deposited by the complainant for execution of the warrants against the accused persons. It is evident from the ordersheets of this Hon'ble Court that the complainant, as well as his counsel, have diligently pursued the matter and taken every step as directed by this Hon'ble Court from time to time, which is further evident from the receipts of the process fee. It can reasonably be inferred that the accused have managed to prevail upon the process server so as to ensure that the warrants / summons issued by this Hon'ble Court are not executed, despite repeated processes and warrants issued by this Hon'ble Court and the process fees deposited by the complainant upon each and every direction.
4.That it is a matter of surprise for the applicant that, while the accused have consistently avoided appearing before this Hon'ble Court, and the complainant as well as his counsel have always appeared and taken all steps as directed by this Hon'ble Court from time to time, this Hon'ble Court has imposed the cost upon the complainant alone on the ground that the complainant did not appear on several occasions, notwithstanding the record contained in the ordersheets. It would cause irreparable loss and injury to the complainant if this Hon'ble Court does not waive the cost imposed upon him, as the claim of the complainant in the present case is only Amount of the claim in the complaint.
5.That it is submitted that the non-appearance of the complainant was neither deliberate nor intentional, for the reasons stated above.
6.That a perusal of the ordersheet demonstrates that the counsel for the complainant has always appeared in the present matter and has never sought an adjournment till date.
7.That, as stated above, the non-appearance of the complainant was not intentional, and the cost imposed by this Hon'ble Court may therefore be waived in the interest of justice.
8.That the applicant / complainant is presently not in a position to pay Amount of cost imposed at this juncture, as the applicant is suffering from financial hardship on account of Reason for financial hardship.
9.That the present application has been made bona fide and in the interest of justice.
P R A Y E R
It is, therefore, most respectfully prayed that this Hon'ble Court may be pleased to waive the cost of Amount of cost imposed imposed by this Hon'ble Court vide order dated Date of order imposing cost, in the interest of justice.
Pass such further order or orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice.
It is prayed accordingly.
APPLICANT / COMPLAINANT
CityTHROUGH
DATED:
ADVOCATE