311 Sec.

IN THE COURT OF LD.
SUB DIVISIONAL JUDICIAL

MAGISTRATE, MALOUT
Deen Dayal
V/s.
M/s. Jai Shri Shayam

Trading Co.
Complaint U/Sec. 138 of N.I. Act.

Application U/Sec. 311 Cr. P.C.
R/Sir,
It is submitted as under :1.
That
pending
in
this
the
above
Honble
said
Court
and
complaint
is
fixed
is
for
today.
2.
that
That the claim of the complainant is

accused
had
purchased
goods
of
worth
Rs.
8,90,908/- from the complainant firm. The detail of

the goods purchased by the accused have been given
in the complaint which may kindly be read as part
of this para of the application.
3.
That at the time of issuance of the
cheque in question accused had also acknowledged

the factum of purchase of goods and payment of part
amount as well as issuance of cheque in question.
-2The said writing was given by the accused on the

letter pad of the accused firm on dated 10-04-2013.
4.
That at the time of filing of the said
complaint complainant had handed over the copy of

said writing dated 10-04-2013 to the then counsel
Shri
Manav
Bansal.
But
due
to
oversight
and
inadvertently and bonafidely the said writing could

not be brought on record by the counsel of the
complainant. The said writing is directly related
to
the
subject
corroborating
matter
of
document
of
the
complaint
the
claim
and
of
the
complainant which is required to be produced and

proved on the file.
5.
That
complainant
is
necessary
to
recalled and prove the writing dated 10-04-2013 as

a corroborating evidence.
6.
That complainant evidence has not yet
been closed. Hence no prejudice shall caused to the

accused if the instant application is allowed and
complainant is once again recalled to prove the
said writing. Moreover accused shall have an ample
opportunity to rebut the said writing and other
evidence of the complainant.
-3It is, therefore, respectfully prayed that the

application
in
hand
may
kindly
be
allowed
and
complainant may kindly be allowed to be recalled to

prove the said writing in the interest of justice.
Submitted By :-
Deen Dayal S/o Prabh Dayal

Sole Prop. D.D. Enterprises
Malout, Tehsil Malout,
Distt. Sri Muktsar Sahib.
Through Counsel :-
Inderjit Arora, Advocate, Malout.
IN THE COURT OF LD. SUB DIVISIONAL JUDICIAL

MAGISTRATE, MALOUT
Deen Dayal
V/s.
M/s. Jai Shri Shayam

Trading Co.
Complaint U/Sec. 138 of N.I. Act.

Application U/Sec. 311 Cr. P.C.
AFFIDAVIT
I,
Deen
Dayal
Enterprises
Muktsar
S/o
Prabh
Malout,
Sahib,
do
Dayal
Tehsil
hereby
Sole
Prop.
D.D.
Malout,
Distt.
Sri
solemnly
affirm
and
declare as under :1.
That
pending
in
this
the
above
Honble
said
Court
and
complaint
is
fixed
is
for
today.
2.
that
That the claim of the complainant is

accused
had
purchased
goods
of
worth
Rs.
8,90,908/- from the complainant firm. The detail of

the goods purchased by the accused have been given
in the complaint which may kindly be read as part
of this para of the application.
3.
That at the time of issuance of the
cheque in question accused had also acknowledged
-2the factum of purchase of goods and payment of part

amount as well as issuance of cheque in question.
The said writing was given by the accused on the
letter pad of the accused firm on dated 10-04-2013.
4.
That at the time of filing of the said
complaint complainant had handed over the copy of

said writing dated 10-04-2013 to the then counsel
Shri
Manav
Bansal.
But
due
to
oversight
and
inadvertently and bonafidely the said writing could

not be brought on record by the counsel of the
complainant. The said writing is directly related
to
the
subject
corroborating
matter
of
document
of
the
complaint
the
claim
and
of
the
complainant which is required to be produced and

proved on the file.
5.
That
complainant
is
necessary
to
recalled and prove the writing dated 10-04-2013 as

a corroborating evidence.
6.
That complainant evidence has not yet
been closed. Hence no prejudice shall caused to the

accused if the instant application is allowed and
complainant is once again recalled to prove the
said writing. Moreover accused shall have an ample
-3opportunity to rebut the said writing and other

evidence of the complainant.
Deponent
Deen Dayal
Verification :Verified that the facts state above are true and
correct to the best of my knowledge and belief and
nothing has been concealed therein.
Deponent
Deen Dayal

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IN THE COURT OF LD.

SUB DIVISIONAL JUDICIAL

M/s. Jai Shri Shayam

Complaint U/Sec. 138 of N.I. Act.

That the claim of the complainant is

8,90,908/- from the complainant firm. The detail of

That at the time of issuance of the

cheque in question accused had also acknowledged

-2The said writing was given by the accused on the

That at the time of filing of the said

complaint complainant had handed over the copy of

inadvertently and bonafidely the said writing could

complainant which is required to be produced and

recalled and prove the writing dated 10-04-2013 as

That complainant evidence has not yet

been closed. Hence no prejudice shall caused to the

-3It is, therefore, respectfully prayed that the

complainant may kindly be allowed to be recalled to

Deen Dayal S/o Prabh Dayal

Inderjit Arora, Advocate, Malout.

IN THE COURT OF LD. SUB DIVISIONAL JUDICIAL

M/s. Jai Shri Shayam

Complaint U/Sec. 138 of N.I. Act.

declare as under :1.

That the claim of the complainant is

8,90,908/- from the complainant firm. The detail of

That at the time of issuance of the

cheque in question accused had also acknowledged

-2the factum of purchase of goods and payment of part

That at the time of filing of the said

complaint complainant had handed over the copy of

inadvertently and bonafidely the said writing could

complainant which is required to be produced and

recalled and prove the writing dated 10-04-2013 as

That complainant evidence has not yet

been closed. Hence no prejudice shall caused to the

-3opportunity to rebut the said writing and other

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