IN THE COURT OF SH. XXXXXXXXXX, LD MM, SOUTH WEST
DISTT. DWARKA COURTS, DELHI
CR.
CASES No. XX OF XXXX.
In the matter of:-
XXXXXXXXXX ...COMPLAINANT
VERSUS
XXXXXXXXXX …ACCUSED
NDOH:-XX.XX.XXXX
APPLICATION FOR
CANCELLATION OF NON-BAILABLE WARRANT
ISSUED AGAINST
ACCUSED XXXXXXXXX.
Most Respectfully Showeth:
1. That the above said matter is pending
before this Hon’ble Court and is now fixed for XX.XX.XXXX.
2. That on XX.XX.XXXX, this Hon’ble Court
was pleased to issue Non Bailable Warrants against applicant/accused namely XXXXXXXXXX
due to non-appearance of applicant/accused.
3. That on the last date of hearing i.e XX.XX.XXXX, the applicant/accused was unable to present himself before this Hon’ble court due to his medical health issues as the accused is a heart patient with severe diabetes and blood pressure issues. The accused became unconscious, while he was on his way for the court proceedings along with his wife and it caused a panic situation for his wife at that time that they had to rushed back that time in emergency therefore they were unable to appear before this Hon’ble Court.
4. That on the last date of hearing the counsel
for the accused also couldn't appear before this Hon’ble court due to the lack
of communication, which occurred because of the severe panic situation at that
point of time and thus the accused & the wife of accused/Co-Accused was
unable to inform the same to their counsel and informed later as at that time
the wife of accused got blank seeing the situation of his husband and was also alone
as she was taking care of his husband to get stable in the middle of the road.
6. That because of the above-mentioned
reasons, the applicant/accused could not appear before this Hon’ble Court on
last date of hearing i.e. XX.XX.XXXX.
7. That the Non-appearance of accused is
neither intentional nor deliberate but due to above said reason.
8. That there is no malafide intention on the part of the applicant/accused in not appearing before the Hon’ble Court and applicant will be more cautious in future.
PRAYER
It is therefore most respectfully prayed before this
Hon’ble Court kindly allow this application that the Non Bailable Warrant
issued against the applicant/accused issued on XX.XX.XXXX, may be cancelled in
the interest of justice.
Pass any
other order/orders, which this Hon’ble Court may be deem fit and proper on the
facts and circumstances of this case may also be passed.
Prayed accordingly, APPLICANT/ACCUSED
DELHI
DATED-: THROUGH
ADVOCATE
Address: XXXXXXXX
XXXXXXXXXXXXXXX
XXXXXXXXX.
Mob.No.- XXXXXXXXXX
Email: XXXXXXXX@XXXXX.XXX