IN THE COURT OF SH. JAGMOHAN SINGH, LD.
ACMM,
(NORTH) ROHINI COURT, DELHI
CC NO. 3669 OF 2020
IN THE MATTER OF:
MANSI SHARMA ... COMPLAINANT
VERSUS
ANU PAWA ... ACCUSED
INDEX
5.NO. PARTICULARS PAGE NO.
1. APPLICATION ON BEHALF OF THE ACCUSED
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UNDER SECTION 145(2) OF THE NEGOTIABLE
INSTRUMENTS ACT, 1881 FOR EXAMINATION
OF THE COMPLAINANT
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ACCUSED
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SHEKHAR GUPTA & ASSOCIATES
SHEKHAR GUPTA, IMEHENDRA PRATAP
AND MOHD. SHAHBAZ
Advocates
(Enrl. No. D-955/07 & D-1163/2011)
Office: H-16, Basement,
Jangpura Extension, New Delhi-110014
Ph: 24310016, Cell: 9868790800
Email :[email protected]
New Delhi
Dated: 1 f 11 i / f)..o 2- I
1
IN THE COURT OF SH. JAGMOHAN SINGH, LO. ACMM,
(NORTH) ROHINI COURT, DELHI
CC NO. 3669 OF 2020
IN THE MATIER OF:
MANSI SHARMA ... COMPLAINANT
VERSUS
ANU PAWA ... ACCUSED
PS: Mukherjee Nagar
U/S 138 Negotiable Instruments Act, 1881
APPLICATION ON BEHALF OF THE ACCUSED UNDER SECTION
145(2) OF THE NEGOTIABLE INSTRUMENTS ACT, 1881 FOR·
EXAMINATION OF THE COMPLAINANT
MOST RESPECTFULLY SHOWETH:
1. That the captioned complaint is pending adjudication before this
Hon'ble Court and is fixed for framing of notice and filing of the
present application.
2. That the complainant has stolen the cheque book of the accused
containing blank signed cheques bearing nos. 000112, 000115,
000116, 000118 to 000125 which includes the subject matter
cheque bearing no. 000120. In this regard, the accused has
already lodged a complaint with police authorities. It is stated that
the accused called upon the complainant and protested as to why
she has stolen the said cheque book, however, the complainant
assured that she shall not use any cheque. It was also agreed that
the accused shall gradually pay an amount of Rs.4,00,000/-
(Rupees four lakhs only) to the complainant.
3. That as agreed the accused has paid to the complainant an agreed
amount of Rs.4,00,000/- (Rupees four lakhs only) as per details
mentioned herein below:
S.NO. DATE AMOUNT CHEQUE NO./NEFT
1. 19.06.2020 1,00,000/- 000152
2. 02.07.2020 2,00,000/- 000153
3. 14.08.2020 1,00,000/- 000156
TOTAL 4,00,000/- (RUPEES FOUR lAKHS ONLY)
4. That after receiving the said amount of Rs.4,00,000/- (Rupees four
lakhs only), the complainant in the most illegal manner presented
the subject matter cheque with her banker thereby committing the
forgery on the stolen cheque which is completely unlawful. It is
stated that the complainant was not entitled for presentation of the
subject matter cheque with her banker. It is stated that the
3
presentation of the subject matter cheque by the complainant is an act of
fraud, forgery and theft for which the complainant is liable to be
prosecuted and punished and the accused reserve her right to take
appropriate legal action against the complainant in this regard.
5. That it is stated that the accused never issued the cheque bearing
no.000120 dated 12.06.2020 amount of Rs.5,00,000/- (five lakhs
only) in favour of the complainant in discharge of a lawful debt
owed by the accused. It is stated that the cheque was stolen and
the details in the cheque are illegally filled wrongfully presented
with her banker.
6. That the accused never assured the complainant that the said
cheque shall be honoured if presented at any point of time after the
date mentioned upon the said cheque. It is stated that the
complainant never informed the accused about the dishonouring of
the cheque and the accused never admitted his liability as alleged.
It is stated that the subject matter cheque was stolen by the
complainant as mentioned hereinabove. It is stated that the
accused never assured the complainant that the said cheque shall
be honoured if presented at any point of time after the date
mentioned upon the said cheque. It is stated that there was no
question of giving such assurance by the accused because the
accused never issued the said cheque. It is stated that the
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complainant committed a deceitful act, firstly stolen the cheque
book of the accused and later received an amount of Rs.4,00,000/-
(Rupees four lakhs only) from the accused and after that in the
most illegal manner she presented the cheque after filling the
details in a fraudulent manner.
7. That on 04.09.2020, the complainant in the illegal and unlawful
manner and to cause wrongful gains to herself and wrongful loss to
the accused, filled the date on the cheque in question bearing No.
000120 dated 12.06.2020 and presented it for encashment.
8. That in the above circumstances it becomes necessary to examine
the complainant so that truth and real facts can be ascertained and
be presented before this Hon'ble Court for the proper adjudication
of the present complaint.
9. That the present application has been filed in most bonafide
manner and in the interest of justice and if the same is not allowed
it may cause grave prejudice to the accused.
PRAYER
In the light of the above facts and circumstances, it is most
respectfully prayed that this Hon'ble Court may be pleased to:
a. Allow the present application for the examination of the
complainant by the accused through his counsel; and
b. Pass any other or further order(s) as this Hon'ble Court may
deem fit and proper in the interest of justice.
Rn.u, ~Dv,,va..
ACCUSED
THROUGH
~.:,,_,
SHEKHAR GUPTA & ASSOCIATES
SHEKHAR GUPTA, MEHENDRA PRATA!?
AND MOHD. SHAHBAZ
Advocates
(Enrl. No. D-955/07 & D-1163/2011)
Office: H-16, Basement,
Jangpura Extension, New Delhi-110014
Ph: 24310016, Cell: 9868790800
!Email :[email protected]
New Delhi
Dated: f o'f t '1..- / W ~ J