BEFORE THE HON’BLE CHIEF JUDICIAL MAGISTRATE AT

SANAND

CRIMINAL MISC. APPLICATION NO. 70 OF 2021

IN

CRIMINAL COMPLAINT NO. ______ OF 2021

FTF Pharma Private Limited … Complainant

Versus

1. Medis Healthcare Pvt Ltd

2. Mr. Sunil Kulshrestha

3. Ms Meenakshi Kulshrestha

4. Mr. Rakesh … Accused

WRITTEN SUBMISSIONS ON BEHLAF OD THE

RESPONDENTS OBJECTING TO THE APPLICATION

SEEKING CONDONATION OF DELAY.

I, _________________, adult, Male aged ____ years and residing

at 122, 1st Floor Bahgwati Business Centre School BLK,

Shakarpura, Delhi, East Delhi, Delhi, am the person

arraigned as an accused in the Criminal Complaint bearing

No ___ of 2021, filed at the behest of the Complainant herein,

do hereby solemnly affirm and declare as under:

1. I have perused the application, preferred by the

complainant herein seeking condonation of delay of a

period of ___ days, before this Hon’ble Court, I have serious

objections in the above captioned application being allowed,

for the reasons that have been enumerated by me as

hereinunder;

2. I reserve my right to file a detailed reply later if required

during the proceeding/ oral arguments of the case. I

further submit that I have gone through the application

made by the Complainant and I object to all averments and

contentions which have not specifically admitted by me

hereinafter, and further submit that the averments therein

are incorrect, false & far from truth.

3. At the outset, it is respectfully submitted that, the

complainant has filed the present complaint seeking

condonation of delay for a period of _____ days in filing of

the present Criminal Complaint, however it is necessary to

bring to the kind notice of this Hon’ble Court, that the

present application deserves to be dismissed at the very

threshold in addition to the dismissal of the present

Criminal Complainant, after compliance of the due

procedure which the Hon’ble Court may deem fit, more so

in light of the delay caused, not only in the filing of the

present Criminal Complaint but also in the issuance of the

very notice under Section 138(b) of the Negotiable

 Instruments Act, which mandates that; where the payee or

the holder in due course of the Cheque, as the case may

be, makes a demand of the payment of the said amount, in

such a case the payee shall, issue a notice within a period

of 30 days from the date of receipt of information by him

from the bank regarding the return of cheque as

dishonoured/ Unpaid and that the delay in issuance of

such notice by the payee after the receipt of notice cannot

be condoned as per the mandate and legislative intent of

the aforesaid provision.

4. It is most respectfully submitted that as a result of the

alleged outstanding dues a cheque bearing no 000249,

towards a payment of Rs 7,00,000/- came to be issued by

the respondents herein on 25/03/2021, to which a invoice

was also issued and sent vide an email dated 25/03/2021,

however when the cheque came to be presented by the

complainant herein, the same came to be dishonoured and

returned which a remark “Payment stopped by Drawer” on

30/03/2021. As a result of the aforesaid cheque being

dishonoured, a statutory notice came to be issued under

section 138 of the Negotiable Instruments Act, on

20/05/2021, which is after a period of 50 days (delay of 20

days) from the date of receipt of information from the bank

with regard to the cheque being Returned/ Dishonoured,

and which as per the mandate laid down under section

138(b) of the Act, cannot be condoned. It is further

 submitted that another statutory notice came to be issued

by the complainant herein dated 05/06/2021 for the same

transaction and for the issuance of the said cheque

aforementioned, which is also hit by the rigours and

mandate of a period of 30 days. It is further submitted that

as a result of the alleged non-compliance and further on

expiry of the period of 15 days (i.e on 20/06/2021) the

present complaint came to be filed on 22/07/2021, which

also is after a delay of ___ days as per the mandate laid

down by the legislature. Therefore, in light of the aforesaid

delay caused not only in the filing of the present complaint

but also, in the issuance of statutory notice as per the

mandate laid down by the legislature, the present

application along with the present Criminal Complaint

deserves to be dismissed at the very threshold, as the same

would not fall within the ambit of the order dated

23/03/2021 passed by the Hon’ble Supreme Court in SUO

MOTU Writ Petition No 3 of 2020.

5. The Accused Respondents herein reserves all his rights to

file further and additional affidavits, if need be.

Solemnly affirmed at Ahmedabad on this ____ day of ______,

2022.

________________

Deponent