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    In The Court of Sh. Jagmohan Singh, Ld. Acmm, (North) Rohini Court, Delhi

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    Abhijeet Kumar
    The accused has filed an application in court seeking examination of the complainant under Section 145(2) of the Negotiable Instruments Act. The accused alleges that the complainant stole the accused's cheque book containing blank signed cheques and later fraudulently filled in and deposited one of the stolen cheques after the accused had already paid the complainant Rs. 4 lakhs as agreed. The accused denies issuing the cheque in question and claims it is necessary to examine the complainant to ascertain the truth.

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    In The Court of Sh. Jagmohan Singh, Ld. Acmm, (North) Rohini Court, Delhi

    Uploaded by

    Abhijeet Kumar
    119 views6 pages
    The accused has filed an application in court seeking examination of the complainant under Section 145(2) of the Negotiable Instruments Act. The accused alleges that the complainant stole the accused's cheque book containing blank signed cheques and later fraudulently filled in and deposited one of the stolen cheques after the accused had already paid the complainant Rs. 4 lakhs as agreed. The accused denies issuing the cheque in question and claims it is necessary to examine the complainant to ascertain the truth.

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    The accused has filed an application in court seeking examination of the complainant under Section 145(2) of the Negotiable Instruments Act. The accused alleges that the complainant stole the accused's cheque book containing blank signed cheques and later fraudulently filled in and deposited one of the stolen cheques after the accused had already paid the complainant Rs. 4 lakhs as agreed. The accused denies issuing the cheque in question and claims it is necessary to examine the complainant to ascertain the truth.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    119 views6 pages

    In The Court of Sh. Jagmohan Singh, Ld. Acmm, (North) Rohini Court, Delhi

    Uploaded by

    Abhijeet Kumar
    The accused has filed an application in court seeking examination of the complainant under Section 145(2) of the Negotiable Instruments Act. The accused alleges that the complainant stole the accused's cheque book containing blank signed cheques and later fraudulently filled in and deposited one of the stolen cheques after the accused had already paid the complainant Rs. 4 lakhs as agreed. The accused denies issuing the cheque in question and claims it is necessary to examine the complainant to ascertain the truth.

    Copyright:

    © All Rights Reserved
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    of 6

    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
    I - 5"
    UNDER SECTION 145(2) OF THE NEGOTIABLE
    INSTRUMENTS ACT, 1881 FOR EXAMINATION
    OF THE COMPLAINANT

    J. Pnut oP St>~v, t~
    I
    (
    '
    Pm.t.t,PD.M,a....

    ACCUSED

    THROUGH

    ~tf-
    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 :shekharguptaadvocate@gmail.com
    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


    '-J
    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 :shekharguptaadvocate@gmail.com
    New Delhi
    Dated: f o'f t '1..- / W ~ J

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