SECTION 145(2) OF NEGOTIATIABLE INSTRUMENT ACT, 1881 APPLICATION FORMAT
( SECTION 145 (2) NEGOTIABLE INSTRUMENT ACT, 1881 APPLICATION FORMAT )
BEFORE THE METROPOLITAN MAGISTRATE, CENTRAL DISTRICT, TIS HAZARI COURTS
COMPLAINT CASE ____________/2025
ALPHA FINANCE PVT LTD. ………………………. COMPLAINANT
VS.
MR. A ………………………RESPONDENT
APPLICATION ON BEHALF OF ACCUSED UNDER SECTION 145 (2) OF NEGOTIABLE INSTRUMENTS ACT, 1881 SEEKING PERMISSION TO CROSS EXAMINE THE WITNESSES OF THE ACCUSED
MOST HUMBLY SHOWETH
(1) That the Applicant has filed the captioned Application under Section 138 R/w 142 of the Negotiable Instruments Act, 1881.
(2) That the said complaint has been filed on the ground of dishonor of cheque bearing No xxxxxx drawn on xxxx Bank.
(3) That the complaint filed by the Complainant is frivolous and vexatious. The Complaint has been initiated on the basis of the cheque which was given to the Complainant as security cheque and not for discharge of any liability. The cheque was to returned to the Accused after payment of outstanding dues.
(4) That all the outstanding dues have been paid to the Complainant. The Complainant has rather than returning the security cheque, is using the cheque for extorting money from the accused.
(5) That cross -examination of the witnesses are necessary for proving the innocence of the accused.
PRAYER
In light of aforesaid facts and circumstances, this Hon’ble Court may be pleased to :
(i) recall the witnesses of the complainant for cross examination.
(ii) pass any further order(s)/direction(s), as this Hon’ble court may deem fit and proper in interest of justice.
COMPLAINT
THROUGH
ADVOCATE
PLACE
DATE
NOTE : Application has to accompanied by affidavit.
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Mukesh Kumar Suman is an advocate and legal author based at Delhi. He regularly appears before various Judicial Forums including NCLT, NCLAT, High Courts and the Supreme Court. He can be approached at mukesh_suman@outlook.com or +91 9717864570.