UNIVERSITY OF PETROLEUM & ENERGY STUDIES

SCHOOL OF LAW
DEHRADUN

SEMESTER IV
BBA LLB

Academic Year: 2020 – 21 Session: Jan – May 2021

DRAFTING IN CRIMINAL MATTERS

FINAL SUBMISSION
S No. Content
1. Exemption Application
2. Bail Application
3. Maintenance Petition
4. NIA Notice
5. Complaint
6. Cancellation Of NBW
7. Affidavit

Submitted By: Teja Vijjana (500077649)

 1. Exemption Application:
In the court of sessions court, Visakhapatnam

State Prosecution
V.
Satyam Accused/ Defence

FIR No- 412

Dated- 10/2/2019
U/s 307,326,504 IPC
Sub: Applicaion for exemption of accused Satyam for today, i.e. 15/02/2021
Respected Sir,
It is respectfully submitted as under:
1. That above noted case is pending before this honorable court and fixed
for today, i.e. 15/02/2021 for defence evidence.
2. That I received a telephonic call from my client that his mother-in-law
was admitted in the hospital. So for this reason he be not able to attend
the court for today.
3. That my client will produce the related medical certificate on the next day
of hearing.
4. That the absence of the accused is not deliberate
Therfore it is requested that taking into consideration the above n0oted facts, to
exempt the personal attendence of the accused Satyam for today.

Accused
Through (Counsel)
Date: 15-02-2021
Place: Visakhapantnam
 2. Bail Application:
In the Court of Session, Visakhapatnam

State of Andhra Pradesh … Prosecution

Vs
Dinesh … Defence

FIR No. 123

FIR Dt: 21/2/2021
FIR U/s 498A, 304B IPC
SUB: Application for Bail U/s 437
Most Respectfully Showeth,

1. That the present application under section 437 of the Code of Criminal
Procedure 1973 is being filed by the defence for seeking grant of bail in
FIR No. 123 registered by the police against Dinesh. Mr. Dinesh has been
arrested 20/2/2021 in connection wih the said FIR and now is in poilce
custody.
2. That the accused is innocent and is being falsely implicated in the above
case.
3. That there is no proof against that , the physical cruelty which was
undergone by M/s Shruthi was caused by the accused.
4. That the accused was recently hospitalized for a grade 3 hamstring
operation, so he was told to take bed rest for atleast 3 months and since
then he was under doctor watch.
5. That the accused is law abiding citizen.
6. That the accused will not leave city or country without the permission of
the Hon’ble Court.
7. That the accused will not take any advantage of the concession of bail.
8. That the accused promises not to threat or induce witnesses or hamper
any evidence relating to this case.
9. That the accused will be bound by the terms and conditions of the
Hon’ble Court.
PRAYER :
In view of the above stated facts and circusmstances it is most respectfully
prayed that this Honourable Court may be pleased to
1. Grant bail to the accused in connection with FIR No. 123 registered
U/s 498A, 304B IPC filed at Visakhpatnam IV town Police Station.
2. Pass any other such order as this Honourable Court may deem fit and
proper in the interest of justice.

Accused
Through
Teja ( Counsel )
Place : Visakhpatnam
Dated : 22/02/2021
 3. Maintenance Petition:
In the Court of Learned Illaqa Magistrate/Judicial Magistrate Ist
Class, Jalandhar
P.S. Bast Bawa Khel, Jalandhar

Sakshi Chabra, aged 26 years W/o Akshay Chabra D/o Late Raman Bhalla
R/o House No.428, Jaswant Nagar, Jalandhar
..Petitioner
..VERSUS..
Akshay Chabra son of Surindar Chabra R/o House no. 89, Gujral Nagar,
Jalandhar
..Respondent

PETITION UNDER SECTION 125 OF Cr.P.C. – directing the respondent

to pay Rs.30,000/- per month as maintenance to the petitioner from the
date of petition.
Sir,
The petitioner respectfully submits as under:-

1. That the petitioner is the legally wedded wife of the respondent.

She got married to the respondent on 17.11.2009 according to
Hindu Religious Rites, at Bath Castle, Jalandhar. From this
wedlock no child is born.
2. That after the marriage, the petitioner stayed with the
respondent and his family members, but the respondent and his
family members tortured that the in the marriage insufficient
dowry is given and there was demand regarding car, demanded
that the marriage should be performed in Bath Castle and even
raised the demand from the parents of sakshi that the gold set be
 given to the each relatives to Akshay Chabra and minimum
Rs.30,000/-. The parents/relatives of sakshi performed the
marriage with great pump and show, spent approximately
1,00,00,000 for the performance of the marriage with Akshay
Chabra.
3. That the petitioner gave sufficient dowry, gold ornaments,
diamond jewellery which were taken by Akshay Chabra, his
mother Vandana and sister Urvashi. sakshi was not allowed to
use the dowry articles, she was deprived of using the dowry
articles.
4. That the respondent even tortured the petitioner mentally and
physically by her husband and in laws. Akshay Chabra used to
torture her that he is having love affairs with other girls and
even told her that he is having serious love affair with a girl at
Jalandhar. Akshay Chabra used to talk to other girl friends and
use do humiliate, torture sakshi, he used to switch on the
speaker of mobile phone while talking to other girls. Just after
10 days of the marriage, Akshay Chabra, his mother, father and
sister prompted and excited sakshi to commit suicide. After,
The father of sakshi died on account of the act and torture by
Akshay Chabra and his family members.
5. That the respondent is a man of means, he is doing the business
of selling Powder Milk, Deshi Ghee in whole sale and he is
earning Rs. 1,00,000 per month. He is having a car (Honda
Civic) and a house situated at Gujral Nagar, Jalandhar. He used
to claim before sakshi that he is having number of other
properties. So he can easily afford to pay Rs.30,000/- per month
as maintenance for the petitioner.
6. That the petitioner has been deprived of her dowry articles, and
she was subjected to torture, maltreated on account of dowry,
she was humiliated by the respondent and his family members.
Ultimately on 11.01.2010, the petitioner was turned out from
her matrimonial home. The petitioner is living in her parent’s
house’ w.e.f.11.01.2010.
7. That the respondent as such is a man of means, having capacity
to maintain the petitioner. Moreover, the respondent is duty
bond to maintain the petitioner, but he has refused and
neglected to maintain the petitioner. The petitioner is living at
the mercy of her mother. Father of the petitioner is expired.
8. That the respondent and his family made the petitioner to suffer
day and night. She has suffered mental agony. The petitioner is
not doing any job and business; she has no source of income.
The petitioner is depending on the income of respondent.
9. That the petitioner requires Rs.30,000/- per month as her
maintenance. The petitioner also requires Rs.55,000/- as
litigation expenses for filing the present petition. The
respondent has no other liability except to maintain the
petitioner, but he has not made any provision for the
maintenance of the petitioner.
10. That the marriage between the petitioner and the respondent
was solemnized at Jalandhar, the petitioner is residing at
Jaswant Nagar, Jalandhr, within the jurisdiction of P.S. Basti
Bawa Khel, Jalandhar, and hence this Hon’ble court has got the
jurisdiction to entertain, try and decide the present petition. The
petitioner is residing at Jalandhar within the jurisdiction of this
Hon’ble court.
11. That a requisite court fee has been paid on the petition.
 12. Prayer:-

It is therefore prayed that the petition may kindly be accepted,

the respondent be directed to pay Rs.30,000/- per month i.e. for
the maintenance of the petitioner and Rs. 55,000/- as litigation
expenses and counsel fee, in the interest of justice. And/or any
other relief which this Hon’ble court may deem fit and proper
may also be granted in favour of the petitioner.

Petitioner

Through

Counsel

Verification:-
Verified that the contents of above petition are true and correct to the best of
my knowledge and no part of it has been falsely stated, nothing has been
concealed therein.
Verified at Jalandhar
Dated: 17-03-2021
Note: Affidavit attached.
Counsel
4. NIA notice:
Teja Vijjana, Office:
Advocate 52-2/21, Seethammadhara,
Visakhapatnam
Ph. 098154-40779
Resi: 12/6-2 seethammadhara, Visakhapatnam.
___________________________________________________________
(Registered)
Dated: 09.02.2021
To
Riya,
D/O Ravi kumar,
Mahanand Bhag,
Visakhapatnam.

Subject: - LEGAL NOTICE UNDER SECTION 138 OF NEGOTIABLE

INSTRUMENT ACT

My client Sahil has instructed me to serve you with the following legal
notice, which is as under:-

That you noticee took a sum of Rs.1,20,000/- as friendly loan from my client
Sahil when your in need.

That in order to discharge the legally enforceable debt against you, you
issued a cheque of Rs.1,20,000/- dated 01.01.2021 in favour of my client
Sahil , with the assurance that the cheque would be encashed. Reference is
made to the cheque no.123456. The cheque was presented by my client
Sahil with his banker and the same was dishonoured. The cheque was
dishonoured with the remarks insufficient funds. You are liable to pay the
amount of the cheque to my client.

Now I do hereby means of this notice, you are requested to make the
payment of the cheque in question i.e. Rs.1,20,000/- to Sahil within 15
days from the receipt of this notice, failing which I have clear instruction
from my principal client to take an appropriate legal action against you in
the competent court of law.

Copy kept for record and further reference.

Yours faithfully,
(Teja Vijjana)
Advocate
 5. Complaint:
In the Court of……, Judicial Magistrate 1st Class, Visakhapatnam

Sahil Kumar Raj S/o Lokesh Raj, R/o Jayaraj Block, Rajiv Nagar,
Visakhapatnam
….Complainant
Versus

Riya D/o ravi kumar, R/O Mahanand Bhag, Visakhapatnam.

……Accused
SUBJECT: COMPLAINT UNDER SECTION 138 OF NEGOTIABLE
INSTRUMENTS ACT.

Sir,
The complainant respectfully submits as under:-
1. That the accused approached the complainant regarding financial help for
the accused, as the accused told the complainant that was for some
personal reasons. This happened on 01-01-2021 in the presence of both
the families and the accused requested an amount of Rs. 1,20,000/-. The
complainant promised to return the amount, since the complainant know
the accused very well at the request, the complainant parted a sum of Rs.
1,20,000/-.
2. That the accused on the same date to discharge the legally enforceable
debt against my client, issued a cheque of Rs. 1,20,000/- in favour of my
client Sahil. Reference is made to the cheque no. 123456 dated 01-01-
2021 amounting to Rs.1,20,000/-. Drawn on Punjab National Bank
branch at Ground Floor, opp Lalitha Jewellery, Visakhapatnam from his
A/c No. 0123456789. At the time of issuing the cheque the accused gave
the aasurance that the cheque was given in the faith to be encashed.
3. That the complainant presented the cheque on 04-02-2021 which was
given by the accused at the Punjab National Bank, Visakhapatnam. But
 the cheque which was given by the accused got dishonoured and has been
returned with the remarks “ ACCOUNT CLOSED “.
4. That as according to the Negotiable Instruments Act, the complainant has
issued a legal notice on 09-02-2021 , asking the accused to returm the
amount of cheque within 15 days from the receipt of notice. The legal
notice was sent through the registered post. Inspite the legal notice the
accused failed make the payment of the cheque within time period,
thereby committed an offence under section 138 of Negotiable
Instruments At,1881.
5. That the the Financial help was taken by the accused from the
complainant at visakhapatnam, the cheque was issued at Visakhapatnam,
dishonoured at Visakhapatnam, the accused failed to make the payment
of the cheque within the prescribed, thereby committed an offence within
the jurisdiction of this Hon'ble court, hence this Hon'ble court has got the
jurisdiction to entertain, try and decide the present complaint.
6. That the cheque in question is date 01-01-2021, the same was presented
and dishonoured one 01-01-2021 the legal notice is dated 09-02-2021,
hence the present complaint has been filed, which is within time.
Hence the present complaint has been filed which is within time.
It is therefore prayed that the accused may kindly be summoned, tried and
punished in accordance with the law.
Complainant
Through
Counsel
List of Witness
1. Complainant
2. Complainant Friend
3. Clerk/ Official concerned, Punjab National Bank. Ground floor, opp
Lalitha Jewellery, Visakhapatnam.
Place: Visakhapatnam
Date: 14-03-2021
 6. Cancellation of NBW:
In the court of sessions court, Visakhapatnam

State Prosecution
V.
Dinesh Applicant/
Defence
U/s 304B IPC
PS: Division 1
APPLICATION U/S 70(2) OF CRPC FOR RECALL/CANCELLATION OF NON-
BAILABLE WARRANT AGAINST THE APPLICANT.
It is respectfully submitted as under:
1. That the applicant was absent before the Hon’ble Court on the last
occasion because he met with an accident the night before the hearing.
2. That the applicant could not inform his advocate regarding his absence
because his phone was broken in the accident and his relative got to know
about the incident after the hearing time.
3. That this Hon’ble Court was pleased to issue non-bailable warrant of
arrest against the applicant on the last hearing date.
4. That the absence of the applicant was neither intentional nor deliberate
and has resulted due aforesaid unforeseen circumstance. The applicant
hereby produces the hospital bills, article about accident in newspaper
and the broken mobile phone.
5. That the applicant undertakes not to be absent before this Hon’ble Court
on any future dates and undertakes to be punctual in future.
It is therefore prayed that this Hon’ble Court may be pleased to recall and
cancel the warrant issued against the applicant in the interest of justice and
equity.
Date: 25-02-2021
Place: Visakhapatnam
Applicant
 Through (Councel)

7. Affidavit:
In the Court of Judicial Magistrate 1st Class, Visakhapatnam
In re:- Civil Complaint No. ________ of 2021
In the matter of:-
Sahil kumar Raj ………Complainant
Versus
Riya ………Accused
AFFIDAVIT
Affidavit of Sahil Kumar Raj S/o Lokesh Raj, R/o Jayaraj Block, Rajiv Nagar,
Visakhapatnam- 530023, aged about ___ years.

I, the above named complainant do hereby solemnly affirm and declare as

under:-
1. That I am the complainant in the above noted case and well conversant

with the facts and circumstances of the same, thus I am competent to

swear this affidavit.

2. That I have not filed any similar complaint against the accused before any

court of law earlier pertaining to the dishonouring of the cheque no.

123456, dated 01-01-2021 amounting to Rs.1,20,000/-. Drawn on Punjab

National Bank branch at Ground Floor, opp Lalitha Jewellery,

Visakhapatnam- 530023.

3. That I have served the statutory legal notice dated 09-02-2021 upon the

accused registered post reference made to the postal slip dated 09-02-
 2021 and sent the same at the last known correct address of the accused

i.e. H no. 30, Mahanand Bhag, Visakhapatnam-530023.

Deponent

Verification:-

Verified at Visakhapatnam on this ______ day of March, 2021, that the

contents of my above affidavit are true and correct to my knowledge.

Deponent