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