IN THE HON’BLE COURT OF LD.

SESSION JUDGE,
PATIALA HOUSE COURT, NEW DELHI.
CASE NO. XXXXXXX

IN THE MATTER OF:

XXXXXXXXXXXXXXX

.....COMPLAINANT/APPLICANT

VERSUS

M/S ULTRA HOME CONS. PVT LTD &ORS. …..ACCUSED

APPLICATION U/S 408 OF CODE OF CRIMINAL PROCEDURE,

1973 FOR TRANSFER OF THE CAPTIONED MATTER.

1. That the applicant has filed the above-captioned case u/s 138 of
the Negotiable Instrument Act, 1881 against the accused for the
dishonour of the cheque issued in the discharge of the legally
recoverable debt and the same is fixed for XXXXXXXXXX.

2. That the captioned matter is pending for adjudication before the

court of Ld. Metropolitan Magistrate Sh. Sujit Saurabh, Patiala
House Court. The captioned matter is at the very nascent stage of
the trial and even the pre-summoning evidence has not yet been
tendered.

3. That the applicant/complainant has filed two other complaints

vide Case No. 51125/16 and 51126/16, u/s 138 of the Negotiable
Instrument Act, 1881 against the same accused for the dishonour
of the cheque issued in the discharge of the legally recoverable
debt. It is pertinent to mention herein that all the cheques involved
in the three complaint cases are the part of similar transactions.
The next date of hearing in the other two cases is 15.05.2017.
4. That the other two complaints are pending before the court of Ld.
Metropolitan Magistrate Sh. XXXXX XXXXXXX. The other two
complaints are also at the nascent stage and the pre-summoning
evidence has been tendered in part in those two matters.

5. That the Hon’ble court may kindly consider the fact that the
applicant/complainant is a single destitute lady and she is
squarely aggrieved by the conduct of the accused persons. The
Hon’ble Court may please take into account the fact that the
applicant is being harassed by the pernicious acts of the Accused
persons.

6. The Hon’ble Court may please consider the request of the

applicant and transfer the captioned matter to the Court of Sh.
XXXXXX XXXXXX where other two connected matters are
already pending for adjudication. In the interest of justice the
Hon’ble Court should transfer the matter and the same would
also reduce the over-burden of the Court as all the matters will be
tried simultaneously.

7. That the application at hand has been moved bonafidely in the

supreme interest of justice.

8. That if the application is allowed it would not cause any pre-

judice neither to the rights of the accused nor to the fair trial of the
matter. That if the application is not allowed it would cause
exemplary hardship and suffering to the complainant/applicant.

PRAYER

In light of the submissions made hereinabove it is most humbly

and respectfully prayed to the Hon’ble Court to transfer the
 captioned matter to the Hon’ble Court of Sh. XXXXXX XXXXXX,
Ld. Metropolitan Magistrate.

Any other order which the Court may deem fit in the interest of
justice.

For such act of kindness the applicant shall ever pray and duty
bound.

COMPLAINANT/APPLICANT

THROUGH

PLACE: NEW DELHI XXXXXXXXXXXXXXXXXXX

DATE: XXXXXXXXXXXXXX
XXXXXXXXXXXXXXXXXXXX

IN THE HON’BLE COURT OF LD. SESSION JUDGE,

PATIALA HOUSE COURT, NEW DELHI.
CASE NO. 9955/2017

IN THE MATTER OF:

Mrs. SONA RUPANI
THROUGH ITS AUTHORIZED ATTORNEY
KAMPLA PRASAD TIWARI

.....COMPLAINANT/APPLICANT

VERSUS

M/S ULTRA HOME CONS. PVT LTD &ORS. …..ACCUSED

AFFIDAVIT

I, Kamla Prasad Tiwari, S/o Sh. Triloki Prasad Tiwari, aged about 28 years,
Authorised Attorney of the complainant, having residence at E-1/34, Gali No. 1, 5th
Pusta, Sonia Vihar, New Delhi-110094 do hereby solemnly affirm and declare as
under:

1. That I am the authorized attorney of the complainant and fully conversant

with the facts of this case and competent to swear this affidavit.

2. That the accompanying application for transfer of case has been drafted by
the counsel under my instructions, the contents of the same has been read
over and explained to me and I have acknowledged them to be correct as per
my knowledge and belief.

DEPONENT

VERIFICATION:
Verified on solemn affirmation at New Delhi on this ____ day of April, 2017 that all
the contents of the above affidavit are true to my knowledge derived from the record
maintained by the Applicant Bank in its ordinary course of its business.

DEPONENT