Condonation Of Delay Shanti Textile.docx

IN THE COURT OF MS. PRABH DEEP KAUR, MM-SOUTH SAKET, NEW DELHI CC No. 474495 of 2016 IN THE MATTER OF:-

SHANTI TEXTILES

………….COMPLAINANT VERSUS

MR. RABIN SINGH

.....................ACCUSED

APPLICATION UNDER SECTION 142 (1) (b) OF THE NEGOTIABLE INSTRUMENTS ACT, FOR CONDONATION OF DELAY IN FILING THE COMPLAINT RESPECTFULLY SHOWETH 1. That the applicant has filed the complaint on 25.10.2016 and the contents thereof may be read as part and parcel of this application also and the same are not being repeated for the sake of brevity .

2. That after the dishonor of cheques issued by the accused vide return memos dated 06.08.2016, the complainant informed the accused of the dishonor through telephonic conversation and the accused with fraudulent intent asked the complainant not

to take any legal recourse and that he will soon discharge his liability towards complainant.

3. That thereafter when no step were taken from the accused to discharge his liability, the complainant issued a legal notice dated 16.08.2016 regarding the dishonor of cheques which was duly received by accused on 18.08.2016 to which the accused willfully did not reply.

4. That the accused dishonestly with the intention to delay the proceedings called and requested the complainant not to file a complaint under section 138 and asked the complainant to present the cheques again and assured that this time the cheques will be honored.

5. That as the accused had no intention to discharge his liability towards the complainant, the cheques were returned vide return memo dated 23.09.2016 with remarks “insufficient funds”.

6. That after the second dishonor of the cheques, the accused pleaded the complainant not to initiate

legal proceedings against him and promised to issue new cheques to discharge his liability but no such cheques were issued by the accused till date.

7. That the accused with his dishonest and mala fide intentions has willfully caused the wrongful loss to the complainant and on account of his friendly relations

has

taken

the

advantage

of

the

complainant.

8. That the delay in filing of the complaint by the complainant is on account of the above stated facts and circumstances which are neither intentional nor

deliberate

but

due

to

the

circumsta nces

mentioned hereinabove. 9. That delay in filing of the present application if not condoned it will not only cause irreparable loss to the complainant but also lead to miscarriage of justice.

PRAYER It is, therefore, prayed that his Hon’ble court may be pleased to condone the delay of 23 days in filing the complaint u/s 138 NI Act. Pass

any

other

or

further

order

as

this

Hon’ble Court may deem fit and proper .

COMPLAINANT

THROUGH

Delhi Dated:

(F.A. KHAN) Advocate C-46, Panchsheel Enchalve Delhi

IN THE COURT OF MS. PRABH DEEP KAUR, MM-SOUTH SAKET, NEW DELHI CC No. 474495 of 2016 IN THE MATTER OF:SHANTI TEXTILES

VERSUS

RABIN SINGH

AFFIDAVIT I, Kunal Bhatiani aged about 25 years S/o Sh. Balvinder Bhatiani, R/o C-89 Duggal Colony, Khanpur, Devoli Road New Delhi-110062, do hereby solemnly affirm and state as under: 1.

That being the AR of Balvinder Bhatiani who is

the

proprietor

of

Shanti

Textiles ,

I

am

competent to swear this affidavit. 2.

That

the

accompanying

condonation

of

Complainant

firm

counsel

and

on

delay has

on

application behalf

been drafted

under

my

for

of

the

by

my

instructions.

Contents thereof are true and correct and the same may be read as part and parcel of this affidavit. DEPONENT VERIFICATION : Verified at Delhi on this the _______

May,

2017 that the contents of above affidavit are true and correct to the best of my knowledge. of

it

is

false

and

nothing

material

No part

has

been

concealed therefrom. DEPONENT

IN THE COURT OF MS. PRABH DEEP KAUR, MM-SOUTH SAKET, NEW DELHI CC No. 474495 of 2016 IN THE MATTER OF:-

SHANTI TEXTILES

………….COMPLAINANT VERSUS

MR. RABIN SINGH

.....................ACCUSED

APPLICATION ON BEHALF OF COMPLAINANT FOR FILING FRESH ADDRESS OF ACCUSED RESPECTFULLY SHOWETH 1. That the aforesaid matter is pending before this Hon’ble Court and listed for appearance of accused on 04.08.2017. 2. That

on

the

last

date

of

hearing

i.e.

24.05.2017, this Hon’ble Court was pleased to issue notice to the accused for arguments on application of condonation of delay filled by complainant. 3. That

the

notice

was

returned

with

the

remarks that the accused left the premises. 4. That

on

enquiry

from

the

partner

of

the

accused, the complainant came to know about the residential address of the accused i.e. Mr. Rabin Singh Aymadanga Simla, Chinsurah Hoogly, Hooghly, West Bengal – 712102

5. That the complainant was not aware of the aforesaid address of the accused. 6. That the aforesaid address is the true and correct address of the accused as per the best knowledge of the complainant.

PRAYER

It is therefore, prayed that this Hon’ble Court may be pleased to take this fresh address on record and issue fresh notice on this new a ddress.

Pass any other or further order as this Hon’ble Court may deem fit and proper.

COMPLAINANT

THROUGH

Delhi Dated:

(F.A. KHAN) Advocate C-46, Panchsheel Enchalve Delhi