IN THE COURT OF SH. XXXX, MM, XXXX, DELHI

CASE NO.

IN RE:

M/s XXXX.                                       ...  Complainant 

                                   VERSUS

M/s XXXX                                     ...  Respondents

C

RESPECTFULLY SHOWETH:-

1.  THAT the present case is fixed today i.e XXXX for hearing before this hon’ble court, the present complaint case is based on false and fabricated facts and same is liable to be dismissed.

2.  THAT the present complaint case is based on false and fabricated facts and same is liable to be dismissed, the alleged story of the complainant that applicant/accused had alleged liability of payment of Rs.XXXX/-, Rs. XXXX/- & Rs.XXXX/- has never been on the applicant/accused by the complainant.

3.  THAT the true fact regarding the cheques in question is that the applicant/accused issued cheque bearing number XXXX dated XXXX for a sum of Rs. XXXX/- and cheque bearing number  XXXX dated XXXXX for a sum of Rs. XXXX/- and cheque bearing number XXXX dated XXXXX for any valuable consideration as claimed by the complainant and in fact the aforesaid cheques were issued by the applicant/accused as collateral security for the purpose of sending goods to the respondent company

4.  That the complained made by the M/s XXXX for the sub standard of goods/materials to the M/s XXXX and these complaints were lodged through by the applicant/accused in respect of sub-standard quality of the supply to M/s XXXX as the applicant/accused were known to both the complainant and M/s XXXX and were acting as mediator/collateral for the supplies and payment thereof.

5.  That the cheques bearing numbers XXXX dated XXXX for a sum of Rs.XXXX, cheque bearing number XXXX dated XXXX for a sum of Rs. XXXX/- cheque bearing number XXXX dated XXXX for a sum of Rs. XXXX/- cheque bearing number XXXX dated XXXX for a sum of Rs. XXXX/- and cheque bearing number XXXX dated XXXX for a sum of Rs.XXXX for a sum of Rs.XXXX/- were issued by the applicant/accused against supplies made against specific invoices/bills. The cheques so issued by the applicant/accused were debited in their books of accounts against Kamal Poultry farms. 

6.  That on account of the complaints of sub-standard quality of goods supplied, the complainant started negotiating with applicant/accused started negotiating with the applicant/accused as well as with M/s XXXX and on the complainant’s assurance all the cheques referred herein above except the cheque bearing number XXXX for a sum of XXXX/- and cheque bearing number XXXX dated XXXX for a sum of Rs. XXXX/- were not honoured and the complainant was duly informed by the applicant/accused.

7.  That on XXXX the complainant informed the applicant/accused that the complainant lost cheques bearing number XXXX dated XXXX for a sum of Rs. XXXX/- and cheque bearing number XXXX dated XXXX for a sum of Rs. XXXX/- and as such on the request of the complainant, the complainant received a cash payment of Rs. XXXX/- against cheque bearing number XXXX for a sum of Rs. XXXX/- and it is pertinent to mention here that one other cheque bearing number  XXXX dated XXXX for a sum of Rs. XXXX was issued against the cheque bearing number XXXX dated XXXX for a sum of sum of Rs. XXXX/- and the said cheque  got honored/encashed by the complainant and there is an endorsement on the back of the cheque bearing number XXXX dated XXXX for a sum of Rs. XXXX/- issued by the applicant/accused that this cheque issue is in lieu of cheque bearing number XXXX dated XXXX.

8.  That the complainant has presented the cheques for encashment with a fraudulent intention and in fact has committed the offence of cheating by getting encashed cheque number XXXX dated XXXX for a sum of Rs. XXXX/- as well as by presenting the cheque bearing number XXXX dated XXXX for a sum of Rs. XXXX/- for encashment as well as cheque bearing number XXXX dated XXXX for a sum of Rs. XXXX/- after the receipt of part payment of Rs. XXXX/- against the said cheque. The applicant/accused were not knowing about the dishonest intention of the complainant that he would misuse these cheques for filling false cases against the applicant/accused. It’s pertaining to mention here that complainant failed to provide the correct information to the hon’ble court and now has started misusing those cheque against the applicant/accused.

9.  THAT the present case involve several issues which can only be decided after evidence, cross-examination of the complainant and his witnesses is entirely necessary for the just trail and fair decision of the case.

10.           THAT if the applicant/accused is granted an opportunity of cross-examination the complainant and his witnesses, there are likely chances that the applicant/accused would demolish the complaint case.

PRAYER:-

It is therefore most respectfully prayed that this hon’ble court may kindly be pleased to allowed applicant/accused to cross examine the complainant witnesses.

Prayed accordingly.

Delhi                                                                Applicant

Dated:                      through                                                                                           

                                                                     Counsel