IN THE COURT OF Name of Metropolitan Magistrate, MM, TIS HAZARI COURTS, DELHI
CASE NO. Case number
IN RE:
Complainant's name... COMPLAINANT
VERSUS
Accused's name... ACCUSED
APPLICATION UNDER SECTION 315 OF Cr.P.C. ON BEHALF OF THE APPLICANT/ACCUSED
MOST RESPECTFULLY SHOWETH:
1.THAT the present case was heard before this Hon'ble Court today, and this Hon'ble Court was pleased to allow the application filed by the applicant/accused under Section 311 read with Section 315 of Cr.P.C., subject to payment of costs of ₹ Cost amount (₹)/- to the complainant.
2.That after the application was allowed by this Hon'ble Court, the examination-in-chief of the applicant/accused was recorded in this Hon'ble Court itself today, upon payment of the costs of ₹ Cost amount (₹)/- to the complainant, whereafter the counsel for the complainant cross-examined the applicant/accused. It is pertinent to submit that, while the examination-in-chief of the applicant/accused was being recorded, owing to an inadvertent and bona fide mistake on the part of the counsel for the applicant/accused, the Exhibit Marks could not be placed on the bank statement, ledger, cash receipts and other documents filed in this Hon'ble Court today along with the application under Section 311 Cr.P.C. The said statements and documents are essential to form part and parcel of the evidence of the applicant/accused. The entire case of the applicant/accused rests upon the substantive evidence contained in the said statement, receipts and other documents; however, it is important to note that DW1 specifically referred to the said statement in the examination-in-chief, and only the Exhibit Marks have not been placed on the said documents.
3.That in view of the facts and circumstances narrated above, the applicant/accused seeks leave of this Hon'ble Court to place the Exhibit Marks on the statements and documents already on record, filed along with the application under Section 311 read with Section 315 Cr.P.C.
4.That the said documents are extremely essential for a just and fair decision of the present case.
5.That the mistake and accidental slip in not placing the Exhibit Marks on the said documents was bona fide, and was neither intentional nor deliberate.
PRAYER:-
It is, therefore, most respectfully prayed that this Hon'ble Court may kindly be pleased to grant permission to the applicant/accused to place the Exhibit Marks on the documents, namely, the bank statement, cash receipts issued by the complainant, the ledger and other documents, in the additional statement (examination-in-chief).
In the interest of justice, any other and further relief may also be granted in favour of the applicant/accused.
DelhiApplicant
Dated:
Through
Counsel for the Applicant/Accused