This document is an application to discharge the accused, Sandeep Kumar, under Section 258 of the Code of Criminal Procedure. The accused argues that (1) he never issued the cheque in question to the complainant, (2) the cheque was issued to himself, not the complainant, so the conditions for filing a complaint under Section 138 of the Negotiable Instruments Act are not fulfilled, and (3) no offense has been made out against him so the court has the power to discharge him under Section 258 of the CrPC. The accused requests that he be discharged in the interest of justice.
This document is an application to discharge the accused, Sandeep Kumar, under Section 258 of the Code of Criminal Procedure. The accused argues that (1) he never issued the cheque in question to the complainant, (2) the cheque was issued to himself, not the complainant, so the conditions for filing a complaint under Section 138 of the Negotiable Instruments Act are not fulfilled, and (3) no offense has been made out against him so the court has the power to discharge him under Section 258 of the CrPC. The accused requests that he be discharged in the interest of justice.
This document is an application to discharge the accused, Sandeep Kumar, under Section 258 of the Code of Criminal Procedure. The accused argues that (1) he never issued the cheque in question to the complainant, (2) the cheque was issued to himself, not the complainant, so the conditions for filing a complaint under Section 138 of the Negotiable Instruments Act are not fulfilled, and (3) no offense has been made out against him so the court has the power to discharge him under Section 258 of the CrPC. The accused requests that he be discharged in the interest of justice.
the Hon’ble court and the same is fixed for today. 2. That the applicant/accused never issued the cheque in question to the complainant and the present complainant has no right to file a complaint against the applicant/accused. 3. That the cheque no. 871435 dt.11.01.2018 is issued in favour of the accused by the accused himself. So, the condition of filing complaint u/s 138 of NI Act does not fulfilled. 4. That the applicant/accused further states that the accused may be acquitted on the grounds of “no offence is made out” against the applicant/accused and Hon’ble Court has the power to discharge the accused u/s 258 CrPC.
It is therefore, most respectfully, prayed
that the applicant/accused may kindly be discharged on the said ground, in the interest of justice. Any other relief as this Hon’ble Court deems fit having regard to facts and circumstances of the case.