EVIDENCE BY WAY OF AFFIDAVIT OF THE PLAINTIFF (PW1)

C.C. NO. XXXX OF XXXX

IN THE MATTER OF: -

XXXXXXXX : COMPLAINANT

VERSUS

XXXXXXXX : ACCUSEDS

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

1. That the above captioned complaint is been filed by the applicant/ complainant against the accused persons and the same is pending before this Hon’ble Court, which is fixed for XXXXXXX.
   

2. That it is submitted that the complainant and the accused persons were in regular dealing of pharmaceutical products/medicines for several years and during the regular dealing with the complainant, the accused persons purchased pharmaceuticals products on different occasions and accused persons purchased several pharmaceuticals items from the complainant company.
   

3. It is further submitted that the accused persons had issued three cheques in question against the above said three invoices in discharge of its liability, but same were dishonored with remarks “Exceeds Arrangement” vide returning memo dated- XXXXXX, therefore, the complainant filed the present complaint against the accused persons.
   

4. It is further submitted that the total amount of cheques in question is admitted liability of the accused persons and as per the recent provision under Section 143A of N.I. Act, complainant is entitled for upto 20% amount of the cheques in question. Hence, the present application.                                  
   

5. It is further submitted that the applicant seeks the permission to this Hon’ble Court kindly direct the accused persons to release the 20% of the cheques in question amount to the complainant as per the new amended Act. Hence, the present application is bonafidely and in the interest of justice.
   

In view of the facts and submissions as made above, this Hon’ble Court may kindly direct the accused persons to release 20% of the cheques amount to the complainant as per the new amended Act 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 the justice.

DELHI THROUGH APPLICANT/COMPLAINAT

DATED:

      XXXXXXXXXXXXXXXXXXX

Advocates