IN THE COURT OF MS. XXXXXXX ; LD. M.M.; _________DIST.  XXXXXX COURTS, DELHI.

CT. CASE NO. ________OF 20___.

IN THE MATTER OF :-

XXXXXXX                        : COMPLAINANT

VERSUS

XXXXXXXX & ORS.                        : ACCUSEDS

APPLICATION ON BEHALF OF APPLICANT / COMPLAINANT SEEKING WAIVER OF COST IMPOSED BY THIS HON’BLE COURT UPON THE COMPLAINANT.

MOST RESPECTFULLY SHOWETH :-

1.     That the aforesaid complaint U/s 138 N.I. Act filed by the complainant against the accused persons and same is pending for adjudication before this Hon’ble Court for 17.04.2022.

2.     That on 07.12.2021 this Hon’ble Court was pleased to imposed a cost of Rs.5,000/- deposit at DLSA, Delhi upon the complainant for not pursue the matter and matter was fixed for consideration.

3.     It is submitted that the present complaint U/s 138 N.I. Act filed by the complainant against the accused persons in August, 2016 and since then the accused avoided appearing before this Hon’ble Court which is evident from the ordersheet of Hon’ble Court. It is revealed from the ordersheets of this Hon’ble Court that complainant filed the Process Fee more than 5 times as per the direction of this Hon’ble Court and the accused always avoided the service and his appearance before this Hon’ble Court till date, even the process of warrant was also not executed by the process service till date to the accused persons, despite the repeated process fee filed by the complainant for execution of warrant to the accused persons. It is clear from the ordersheets of this Hon’ble Court that complainant as well as his counsel diligently pursues the matter and taken every step as directed by this Hon’ble Court from time to time which is evident from the receipts of Process Fee. It can be easily assumed that accused manage the process server to not to execute the warrant / summons issued by this Hon’ble Court despite the repeated service as well as warrant issued by this Hon’ble Court and process filed by the complainant on each every direction.

4.     That it is very surprising for the applicant that the accused always avoided appearing before this Hon’ble Court and where complainant as well as his counsel always appeared and taken all steps as directed by this Hon’ble Court from time to time, but this Hon’ble Court imposed the cost upon the complainant only on the ground that complainant was not appeared on many occasions, inspite of ordersheet, it will cause irreparable loss and injury to the complainant if this Hon’ble Court not waive off the cost as imposed upon the complainant as the case of the complainant is Rs.1.50 Lakhs only.

5.     That it is submitted that non appearance of the complainant was neither deliberate nor intentional, due to the reason as mentioned above.

6.     That a perusal of the order sheet is demonstrate that counsel for the complainant always appeared in the present matter and never take any adjourned till date.

7.     That as stated above that non appearance of the complainant was not intentional and the cost imposed by this Hon’ble Court may be waived in the interest of justice.

8.     That applicant / complainant presently is not in the capacity of payment of Rs.5,000/- at this juncture as the applicant is suffering from financial crises due to pandemic.

9.     That present application has been made bonafide and in the interest of justice.

P R A Y E R

It is, therefore, most respectfully prayed that this Hon’ble Court may be pleased to waive off the cost of Rs.5,000/- imposed by this Hon’ble Court vide order dated 07.12.2021, in the interest of justice.

Pass such further order or orders as this Hon’ble Court may deem fit and proper of the facts and circumstances of the case, in the interest of justice.

It is prayed accordingly.

                                                        APPLICANT/COMPLAINANT

DELHI                                          THROUGH

DATED.                          

ADVOCATE