IN THE COURT OF MS.

PRABH DEEP KAUR, MM-SOUTH

SAKET, NEW DELHI

CC No. 474495 of 2016

IN THE MATTER OF:-

SHANTI TEXTILES ………….COMPLAINANT

VERSUS

MR. RABIN SINGH .....................ACCUSED

APPLICATION UNDER SECTION 142 (1) (b) OF THE

NEGOTIABLE INSTRUMENTS ACT, FOR CONDONATION

OF DELAY IN FILING THE COMPLAINT

RESPECTFULLY SHOWETH

1. That the applicant has filed the complaint on

25.10.2016 and the contents thereof may be read

as part and parcel of this application also and the

same are not being repeated for the sake of brevity .

2. That after the dishonor of cheques issued by the

accused vide return memos dated 06.08.2016, the

complainant informed the accused of the dishonor

through telephonic conversation and the accused

with fraudulent intent asked the complainant not

 to take any legal recourse and that he will soon

discharge his liability towards complainant.

3. That thereafter when no step were taken from the

accused to discharge his liability, the complainant

issued a legal notice dated 16.08.2016 regarding

the dishonor of cheques which was duly received

by accused on 18.08.2016 to which the accused

willfully did not reply.

4. That the accused dishonestly with the intention to

delay the proceedings called and requested the

complainant not to file a complaint under section

138 and asked the complainant to present the

cheques again and assured that this time the

cheques will be honored.

5. That as the accused had no intention to discharge

his liability towards the complainant, the cheques

were returned vide return memo dated 23.09.2016

with remarks “insufficient funds”.

6. That after the second dishonor of the cheques, the

accused pleaded the complainant not to initiate

 legal proceedings against him and promised to

issue new cheques to discharge his liability but no

such cheques were issued by the accused till date.

7. That the accused with his dishonest and mala fide

intentions has willfully caused the wrongful loss to

the complainant and on account of his friendly

relations has taken the advantage of the

complainant.

8. That the delay in filing of the complaint by the

complainant is on account of the above stated facts

and circumstances which are neither intentional

nor deliberate but due to the circumsta nces

mentioned hereinabove.

9. That delay in filing of the present application if not

condoned it will not only cause irreparable loss to

the complainant but also lead to miscarriage of

justice.
PRAYER

It is, therefore, prayed that his Hon’ble court

may be pleased to condone the delay of 23 days in

filing the complaint u/s 138 NI Act.

Pass any other or further order as this

Hon’ble Court may deem fit and proper .

COMPLAINANT

THROUGH
(F.A. KHAN)
Advocate
Delhi C-46, Panchsheel Enchalve
Dated: Delhi
 IN THE COURT OF MS. PRABH DEEP KAUR, MM-SOUTH
SAKET, NEW DELHI
CC No. 474495 of 2016

IN THE MATTER OF:-

SHANTI TEXTILES VERSUS RABIN SINGH

AFFIDAVIT
I, Kunal Bhatiani aged about 25 years S/o Sh.
Balvinder Bhatiani, R/o C-89 Duggal Colony, Khanpur,
Devoli Road New Delhi-110062, do hereby solemnly
affirm and state as under:

1. That being the AR of Balvinder Bhatiani who

is the proprietor of Shanti Textiles , I am
competent to swear this affidavit.

2. That the accompanying application for

condonation of delay on behalf of the
Complainant firm has been drafted by my
counsel on and under my instructions.
Contents thereof are true and correct and the
same may be read as part and parcel of this
affidavit.

DEPONENT

VERIFICATION :

Verified at Delhi on this the _______ May,

2017 that the contents of above affidavit are true
and correct to the best of my knowledge. No part
of it is false and nothing material has been
concealed therefrom.

DEPONENT
 IN THE COURT OF MS. PRABH DEEP KAUR, MM-SOUTH
SAKET, NEW DELHI

CC No. 474495 of 2016

IN THE MATTER OF:-

SHANTI TEXTILES ………….COMPLAINANT

VERSUS

MR. RABIN SINGH .....................ACCUSED

APPLICATION ON BEHALF OF COMPLAINANT FOR FILING

FRESH ADDRESS OF ACCUSED

RESPECTFULLY SHOWETH

1. That the aforesaid matter is pending before

this Hon’ble Court and listed for appearance
of accused on 04.08.2017.

2. That on the last date of hearing i.e.

24.05.2017, this Hon’ble Court was pleased to
issue notice to the accused for arguments on
application of condonation of delay filled by
complainant.

3. That the notice was returned with the

remarks that the accused left the premises.

4. That on enquiry from the partner of the

accused, the complainant came to know about
the residential address of the accused i.e.

Mr. Rabin Singh

Aymadanga Simla, Chinsurah Hoogly,
Hooghly, West Bengal – 712102
 5. That the complainant was not aware of the
aforesaid address of the accused.

6. That the aforesaid address is the true and

correct address of the accused as per the best
knowledge of the complainant.

PRAYER

It is therefore, prayed that this Hon’ble Court

may be pleased to take this fresh address on
record and issue fresh notice on this new a ddress.

Pass any other or further order as this Hon’ble

Court may deem fit and proper.

COMPLAINANT

THROUGH
(F.A. KHAN)
Advocate
Delhi C-46, Panchsheel Enchalve
Dated: Delhi