IN THE COURT OF Ms. RITIKA KANSAL, M.M.

,
ROHINI COURTS, NEW DELHI
Complaint Case No. 13159/2019

IN THE MATTER OF:

M/S Garvit Distributors Pvt. Ltd …..COMPLAINANT

VERSUS

M/S Ravindra Tractor Agency & Anr. …..ACCUSED

U/S: 138 OF N.I. ACT

P.S. Shalimar Bagh North-West
DOH. 17.01.2023

APPLICATION ON BEHALF OF THE APPLICANT/ACCUSED UNDER SECTION 145

(2) OF THE NEGOTIABLE INSTRUMENTS ACT, 1881 (26 OF 1881) FOR RE-
CALLING THE COMPLAINANT WITNESSES FOR RE-EXAMINATION/CROSS-
EXAMINATION

THE APPLICANT/ACCUSED ABOVENAMED

MOST RESPECTFYULLY SHOWETH;

1. THAT the above-mentioned case is pending before this Hon’ble Court and the
same is fixed for today for further proceeding.

2. THAT the aforesaid complaint case has been filed by the complainant on
account of dishonour of the cheque bearing no. 331372 dated
30.04.2019 for a sum of Rs. 5,60,000/-.

3. THAT by way of present application, the applicant/accused craves the leave

of this Hon’ble Court to recall the complainant witness who was examined at
pre-summoning stage for re-examination/cross-examination on following
grounds;

a. For the reason that the there is no liability against the complainant to
pay the cheque amount in the instant case as the complainant have
misused the cheque without date given.

b. For the reason that the applicant/accused has never received the
notice U/s. 138 of N.I. Act for the dishonour of the aforesaid cheque in
question by complainant and the very notice and its service proof
annexed with the complaint is a matter of scrutiny.

c. For the reason that the complainant has misused the cheque without
date on it, without disclosing complete facts of the instant matter as the
present case is not as shown to this Hon’ble Court by the complainant.
 d. The documents annexed with the present complaint is also a matter of
close scrutiny and cross-examination of material witnesses of
complaint is very crucial to bring the true facts before this Hon’ble
Court.

PRAYER

UNDER the circumstances stated above it is, therefore, in the interest of

justice most respectfully prayed that this Hon’ble Court may graciously be pleased
to issue the summons to the complainant & witnesses for their cross examination as
per the reasons mentioned in para 3 supra;
SUCH other or further relief which this Hon’ble Court may deem fit and
proper in the facts and circumstances of the case may also be granted to the
applicant/accused.

APPLICANT/ACCUSED
(Ajit Singh Saini S/o Sh. Ram Singh Saini
R/o Near Punjab National Bank, Babra
Mohalla, Rohtak, 124001)

THROUGH:
(Atul Kumar Goyal)
ADVOCATE

Chamber No. 249

District Court, Chamber Complex, Rohtak
Mob. No.: +91 9355675466
EN. No.: P/410/1993

PLACE: NEW DELHI

DATE: 17.01.2023