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IN THE COURT OF MR. SARIKA JUDICIAL MAGISTRATER

1ST CLASS SAFIDON, HARYANA

Case No. NIACT 159/2022

M/s. Jai Durga Food

Vs.

M/s M.K. Traders through its proprietor Mangal Chand Kasera

CRIMINAL MISC. BAIL APPLICATION UNDER SECTION 437 Cr.PC IN

THE WARRANT OF ARREST DATED 05.04.2023 ISSUED BY HON’BLE
MS. SARIKA JUDICIAL MAGISTRATE Ist CLASS SAFIDON IN THE
COMPLAINT No. 159/2022 FILED UNDER SECTION 138 NEGOTIABLE
INSTRUMENT ACT.

To,

The Hon’ble Judicial Magistrate

MAY IT PLEASE YOUR LORDSHIPS,

The applicant- Accused, above-named, most respectfully submit as

under:-

1. That the applicant has been involved in the false and

frivolous case by the complainant because the applicant is
appointed as distributer by the complainant for the
 distributing the product of the complainant in this regard
the applicant was distribute the product of the complainant
in Rajasthan since 2019. Product manufactured by
complainant is not fulfilling the standards laid under the
Food Safety and Standards Act, 2006, therefore, the samples
of product are failed in different district of Rajasthan and
complaints for prosecution are also filed against the
applicant before the competent courts and some of cases
are still pending before the court of Rajasthan Jurisdiction
and due to which payment of product distribute by the
complainant to different FBO (Food Business Operator) is
still pending in the whole Rajasthan and Complaints are also
still pending. Therefore, applicant was not done any wrong
in the eye of the law. Copy of the agreement dated
09.01.2019 is annexed herewith and marked as Annexure-
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2. That it is submitted that the allegations made against the

applicant/accused are false, frivolous and vexatious and
lack in the material substance. The applicant is reputed
businessman in his area. The applicant/accused was
appointed only as a distributer, due to which applicant has
done the work of distribution of product and not selling. The work
of collecting money and selling of product is done by person of the
complainant, whose name is Rajesh Chaudhary, he had already
collect Money from FBO(Food Business Operator) in which
applicant has nothing to do, these two cheques were taken from
applicant at the time of agreement for appointing applicant as
distributer. Therefore, the applicant is not done any act for which
applicant is liable under Section 138 of Negotiable Instrument.
3. That the applicant/accused is permanent resident of
Srimadhopur (Rajasthan) and earning livelihood by
distributing food product. He is never done any wrong till
today in this complaint the complainant are involving the
applicant for just to harassing for fulfilling their illegitimate
demand of money.
4. That Hon'ble court issue Bailable warrant against
applicant/accused in above noted matter. In compliance of
said warrant. Humble applicant appear before hon'ble court
and submit this bail application.
5. That the applicant is willing to furnish surety and bail bonds
to the satisfaction of this learned court in case he is ordered
to be released on bail. The applicant is also willing to join
the trial and bind himself by the terms and conditions laid
down by the law or by this Hon’ble Court. It is further
submitted that the applicant is not at all required for the
investigations. However, if the applicant is required for the
investigation, the applicant/accused undertakes to be
present as and when required in accordance with law.
6. That applicant never commits any such alleged offence.

7. That the Applicant deserves to be released on bail in the facts

and circumstances of the case.

8. That applicant is ready and willing to produce bail bond as per

satisfactory by the Hon'ble court.

9. That, the accused/applicant submits this bail application before this
Hon'ble Court.
10. That the other grounds would be urged at the time of hearing.
 PRAYER

It is, therefore humbly and most respectfully prayed that:

1. That the applicant may be ordered to be released on the

bail and this application for bail may kindely be allowed.

2. That till the decision of this application interim bail may

be granted to the applicant.

3. That the directions may be issued to the police for not to

arrest the applicant for the arrest warrant dated

05.04.2023.

4. Such other orders be also passed in favour of the

applicant as deemed fit and proper in the facts and

circumstances of the case and in the interest of justice.

Your humble Applicant /complainant,

Humble Applicant
Through

(ABHIJEET PANCHARIYA/ LOKESH TIWARI)

ADVOCATES

NOTES:

1. No such bail application has been filed previously by the petitioner

in the aforesaid complaint before this Hon’ble Court or any other
Court.
2. That this application has been typed by my private typist.
3. That the pie papers are not readily available, hence this application
been typed on stout papers.

COUNSEL FOR THE APPLICANT

Abhijeet Panchariya Advocates
Enrolled no. R/1345/2016
Mobile no. 9468518589
Email id - abhijeet.123panchariya@gmail.com
IN THE COURT OF MR. SARIKA JUDICIAL MAGISTRATER
1ST CLASS SAFIDON, HARYANA

Case No. NIACT 159/2022

M/s. Jai Durga Food

Vs.

M/s M.K. Traders through its proprietor Mangal Chand Kasera

INDEX

S.No. Particular Page No.

1. Bail Application

2 - Documents / Annexures
 IN THE COURT OF MR. SARIKA JUDICIAL MAGISTRATER
1ST CLASS SAFIDON, HARYANA

Case No. NIACT 159/2022

M/s. Jai Durga Food

Vs.

M/s M.K. Traders through its proprietor Mangal Chand Kasera

Hon’ble Judicial Magitrate,

Humble applicant hereby produce bail bond as per

instruction given by the Hon’ble Court.

It is, therefore humbly and

most respectfully prayed that your lordships may kindly and
graciously be pleased to accept bail bond and released the
applicant in the above noted case.

Humble applicant

Through its Counsel