Application for cross examination under section 145(2) of Negotiable Instruments Act

Format of application under section 145(2) of NI Act for cross examination of witness.

IN THE COURT OF _______________ JUDGE AT _______________
CRIMINAL COMPLAINT NO _________ OF 20__

IN THE MATTER OF

Mr. ____________________

_______________________

_______________________                                                   Complainant

VERSUS

Mr. ____________________

_______________________

_______________________                                                    Accused

APPLICATION UNDER SECTION 145(2) OF NEGOTIABLE INSTRUMENTS ACT

MOST RESPECTFULLY SHOWETH:

1. That the accused is a farmer at ________________at ____________ and the complainant is a money lender and is not known to the accused. The accused is not at all the family friend of the complainant.

2. That the friend of the accused , Sh. ___________ was working as peon under the complainant in the year 20___ when his wife became seriously ill. The accused was in need of money for the medical treatment of his wife. The said friend of the accused asked for money to the complainant as he was his employer. The complainant agreed to give Rs. _____ to the friend of the accused with the interest of Rs. _____/- per month. That the agreed amount was given to his friend by the complainant in person on _____ at the residence of the Complainant.

3. That the accused was witness of the receiving of the said amount of Rs. _____________ by his friend. The complainant took the signature of friend of the accused on an agreement paper which was kept by the complainant. That the complainant also took under his possession the original papers of salary slip, electricity bill and demanded a blank signed cheque as security. The friend of the accused was not having any cheque book at that time as a result, the accused had given his cheque as security after being insisted by the complainant.

4. That the accused had returned Rs. _____/ in cash to the complainant on ___________ after borrowing it from a another friend who who also the witness of the payment of Rs. ______/ to the complainant. The complainant was also given Rs. ____/- .in cash after two months of the receipt of Rs. _____ by as interest amount. Rs. ______ was already deducted by the complainant from the original amount of Rs. _______ at the time of giving it to the friend the accused.

5. The cheque in question was given as security which was misused and manipulated by the complainant. In fact , by filing this criminal case the complainant is playing fraud on the accused person. The complainant has received back his total amount due and now trying to get the double benefit from the same transaction with dishonest intention. The cheque was not for discharge of any debt and other liability when the total amount due was already paid to the complainant by the accused.

6. That the cheque in question has different handwritings which is prima facie proof of manipulation and misuse of the security cheque. Only the signature is of the applicant and the name, amount and date have been filled up by the
complainant without consideration.

7. In the light of the above mentioned facts and circumstances, the claim of the complainant for the security cheque is not justified and does not come under the provisions of The Negotiable Instruments Act, 1881 which is applicable to the cheques issued against any debt and liability.

8. That no legal notice of demand was given by the complainant and received by the applicant.

9. It is pertinent to mention here that the accused has fully cleared its debt and money due with the complainant. However , if complainant has any grievances against the accused in the matter of recovery of the agreement amount , it can be well presented before a competent Civil court and the provisions of N.I. Act can not be misused by raising a false dispute with false story with respect to a security cheque and a cheque without consideration.

PRAYERS

In view of the aforesaid facts and circumstance of this case, it is most respectfully prayed that the Hon'ble court may be pleased:

1. To allow this application for recalling the Complainant witness for cross examination and allow this case to be tried as a summon trial in the interest of justice.

2. To pass any other or further order (s) as this court may deem fit and proper in favour of appellant, in the interest of justice.

APPLICANT

THROUGH

____________ADVOCATE

Place:

Date:

 

IN THE COURT OF _______________ JUDGE AT _______________
CRIMINAL COMPLAINT NO _________ OF 20__

IN THE MATTER OF

Mr. ____________________                                                   Complainant

VERSUS

Mr. ____________________                                                    Accused

AFFIDAVIT

I ______________________ ____ years, S/d/o. _________________ R/o. ____________ ______________ _____, do hereby solemnly affirm and declare as under:-

1. That I am the accused in the present case and as such I am well conversant with the facts and circumstances of the present matter and am competent to swear this affidavit.

2. That the accompanying Application 145(2) of NI Act has been drafted by my counsel under my instructions and the contents of the same have been read over and explained to me in vernacular and the same are true and correct. That the contents of the same may be treated as part and parcel of this affidavit as the same are not being repeated herein for the sake of brevity.

DEPONENT

VERIFICATION
Verified at ___________ on this __ day of ____. 20__ that the contents of the above affidavit are true and correct to the best of my knowledge and belief and nothing material has been concealed therefrom.

DEPONENT