Application Under 145(2) of N.I.
Act
tophitonadvocate.com/application-under-1452-of-n-i-act/
December 15, 2019
Criminal
December 15, 20191 By Avinash Nandan Sharma
IN THE COURT OF SH. PUNEET SHARMA, MM,
PATIALA HOUSE COURTS, NEW DELHI
Criminal Complaint No. 1479/01
IN THE MATTER OF
Sh. Virendra Kumar …. Complainant
Vs.
Sh. Roshan Lal …. Accused
APPLICATION U/S. 145(2) OF N.I. ACT.
MOST RESPECTFULLY SHOWETH
1. That the accused is a Govt. employee at Delhi and the complainant is a money lender
and is not known to the accused. The accused is not at all the family friend of the
complainant.
2. That the brother of the accused , Late Sh. Prem Chand was working as driver and
house servant under the complainant in the year 2013 when his father got paralyzed and
became seriously ill. The accused ‘s family was in need of money for the medical
treatment of his father. The said brother of the accused asked for money to the
complainant as he was his employer. The complainant became ready to give Rs. 1 lakh to
the brother of the accused with the interest of Rs. 3500/- per month. That the agreed
amount was given to the father of the accused and his brother by the complainant in
person on 17.01.2016 at the residence of the accused’s father, i.e. House No. 28, New
Delhi- 110062.
3. That the accused was witness of the receiving of the said amount of Rs. One lakh by
his father and brother. The complainant took the thub impression of the father of the
accused on an agreement paper which was kept by the complainant . That the
complainant also took under his possession the original papers of salary slip , house
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receipt etc. and demanded a blank signed cheque as security. The father of the accused
was not having any cheque- book at that time and was also not fit to sign the cheque, as
a result, the accused had given his cheque as security after being insisted by the
complainant.
4. That the accused had returned Rs. 90,000/ in cash to the complainant on 16.10.2005
after mortgaging his house bearing House No. A- 278, Dakshinpuri, New Delhi-110062 to
Dhanraj and Tarun Kumar who are also the witness of the payment of Rs. 90.000/ to the
complainant. The complainant was also given Rs. 7,500/- .in cash after two months of the
receipt of Rs. 1 lakh by his father as interest amount. Rs. 3,500 was already deducted by
the complainant from the original amount of Rs. 1 lakh at the time of giving it to the father
of the accused.
5. The cheque in question was given as security which was misused and manipulated by
the complainant. In fact , by filing this criminal case the complainant is playing fraud on
the accused person. The complainant has received back his total amount due and now
trying to get the double benefit from the same transaction with dishonest intention. The
cheque was not for discharge of any debt and other liability when the total amount due
was already paid to the complainant by the accused.
6. That the cheque in question has different handwritings which is prima facie proof of
manipulation and misuse of the security cheque. Only the signature is of the applicant
and the name, amount and date have been filled up by the complainant without
consideration.
7. In the light of the above mentioned facts and circumstances, the claim of the
complainant for the security cheque is not justified and does not come under the
provisions of The Negotiable Instruments Act, 1881which is applicable to the cheques
issued against any debt and liability.
8. That no legal notice of demand was given by the complainant and received by the
applicant.
9. It is pertinent to mention here that the accused has fully cleared its debt and money
due with the complainant. However , if complainant has any grievances against the
accused in the matter of recovery of the agreement amount , it can be well presented
before a competent Civil court and the provisions of N.I. Act can not be misused by
raising a false dispute with false story with respect to a security cheque and a cheque
without consideration.
PRAYER
It is humbly prayed that considering the above mentioned facts, reasons and grounds of
defence of the applicant , the Hon’ble Court may allow this application for recalling the
Complainant witness for cross examination and allow this case to be tried as a summon
trial in the interest of justice.
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Applicant
(Roshan Lal)
Through
( Avinash Nandan Sharma)
Advocate
Ch. No. 671. Patiala House Court
New Delhi
New Delhi
Date: 4.1.2019
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