IN THE COURT OF LD.

SUB DIVISIONAL JUDICIAL

MAGISTRATE, MALOUT

Deen Dayal

V/s.

M/s. Jai Shri Shayam

Trading Co.

Complaint U/Sec. 138 of N.I. Act.

Application U/Sec. 311 Cr. P.C.
R/Sir,
It is submitted as under :1.

That

pending

in

this

the

above

Honble

said

Court

and

complaint
is

fixed

is
for

today.

2.
that

That the claim of the complainant is

accused

had

purchased

goods

of

worth

Rs.

8,90,908/- from the complainant firm. The detail of

the goods purchased by the accused have been given
in the complaint which may kindly be read as part
of this para of the application.

3.

That at the time of issuance of the

cheque in question accused had also acknowledged

the factum of purchase of goods and payment of part
amount as well as issuance of cheque in question.

-2The said writing was given by the accused on the

letter pad of the accused firm on dated 10-04-2013.

4.

That at the time of filing of the said

complaint complainant had handed over the copy of

said writing dated 10-04-2013 to the then counsel
Shri

Manav

Bansal.

But

due

to

oversight

and

inadvertently and bonafidely the said writing could

not be brought on record by the counsel of the
complainant. The said writing is directly related
to

the

subject

corroborating

matter

of

document

of

the

complaint

the

claim

and
of

the

complainant which is required to be produced and

proved on the file.

5.

That

complainant

is

necessary

to

recalled and prove the writing dated 10-04-2013 as

a corroborating evidence.

6.

That complainant evidence has not yet

been closed. Hence no prejudice shall caused to the

accused if the instant application is allowed and
complainant is once again recalled to prove the
said writing. Moreover accused shall have an ample
opportunity to rebut the said writing and other
evidence of the complainant.

-3It is, therefore, respectfully prayed that the

application

in

hand

may

kindly

be

allowed

and

complainant may kindly be allowed to be recalled to

prove the said writing in the interest of justice.

Submitted By :-

Deen Dayal S/o Prabh Dayal

Sole Prop. D.D. Enterprises
Malout, Tehsil Malout,
Distt. Sri Muktsar Sahib.

Through Counsel :-

Inderjit Arora, Advocate, Malout.

IN THE COURT OF LD. SUB DIVISIONAL JUDICIAL

MAGISTRATE, MALOUT

Deen Dayal

V/s.

M/s. Jai Shri Shayam

Trading Co.

Complaint U/Sec. 138 of N.I. Act.

Application U/Sec. 311 Cr. P.C.
AFFIDAVIT
I,

Deen

Dayal

Enterprises
Muktsar

S/o

Prabh

Malout,

Sahib,

do

Dayal

Tehsil
hereby

Sole

Prop.

D.D.

Malout,

Distt.

Sri

solemnly

affirm

and

declare as under :1.

That

pending

in

this

the

above

Honble

said

Court

and

complaint
is

fixed

is
for

today.

2.
that

That the claim of the complainant is

accused

had

purchased

goods

of

worth

Rs.

8,90,908/- from the complainant firm. The detail of

the goods purchased by the accused have been given
in the complaint which may kindly be read as part
of this para of the application.

3.

That at the time of issuance of the

cheque in question accused had also acknowledged

-2the factum of purchase of goods and payment of part

amount as well as issuance of cheque in question.
The said writing was given by the accused on the
letter pad of the accused firm on dated 10-04-2013.

4.

That at the time of filing of the said

complaint complainant had handed over the copy of

said writing dated 10-04-2013 to the then counsel
Shri

Manav

Bansal.

But

due

to

oversight

and

inadvertently and bonafidely the said writing could

not be brought on record by the counsel of the
complainant. The said writing is directly related
to

the

subject

corroborating

matter

of

document

of

the

complaint

the

claim

and
of

the

complainant which is required to be produced and

proved on the file.

5.

That

complainant

is

necessary

to

recalled and prove the writing dated 10-04-2013 as

a corroborating evidence.

6.

That complainant evidence has not yet

been closed. Hence no prejudice shall caused to the

accused if the instant application is allowed and
complainant is once again recalled to prove the
said writing. Moreover accused shall have an ample

-3opportunity to rebut the said writing and other

evidence of the complainant.

Deponent

Deen Dayal
Verification :Verified that the facts state above are true and
correct to the best of my knowledge and belief and
nothing has been concealed therein.
Deponent

Deen Dayal