IN THE HON'BLE COURT OF MS.

SHEFALI BARNALA TANDON,

M.M., MAHILA COURT, ROHINI DISTT. COURT, DELHI

IN THE MATTER OF:-

STATE V/s SUDHIR TALWAR & ORS.

F.I.R. NO.: 5/2012

U/s: 406/498-A/34 IPC.
P.S.: VIJAY VIHAR

APPLICATION ON BEHALF OF THE COMPLAINANT NAMELY

PALLAVI, U/S 439(2) OF Cr.P.C., R/w SECTION 482 OF Cr.P.C.
FOR CANCELLATION OF BAIL OF THE ACCUSED NAMELY
SUDHIR TALWAR PASSED BY THIS HON’BLE COURT VIDE
ORDER DATED 13.01.2016

Sir,
It is respectfully submitted as under:

1. That the applicant/complainant namely Pallavi and the accused

Sudhir Talwar got married on 03.12.2010 at Delhi
according to Hindu rites and ceremonies but due to some
temperamental differences between the complainant and
the accused they started living separately from each
other since the year 2011.

2. That thereafter, the complainant made a criminal complaint and

on the basis of the said criminal complaint, the FIR
No.5/2012 u/s 498A/406/34 IPC, P.S. Vijay Vihar, Delhi
was registered against the accused namely Sudhir
Talwar and his family members.

3. That meanwhile when the accused Sudhir Talwar was in judicial

custody since 27.11.2015, the matter was amicably
 settled between the complainant, the mother of the
accused and the accused himself through the
intervention of respectable relatives and friends and in
that regard, mother of the accused agreed to execute the
Memorandum of Understanding on behalf of the
accused, which was duly signed by the accused Sudhir
Talwar, his mother and the complainant on 13.01.2016
and the same was notarized on 14.01.2016. The
photocopy of the Memorandum of Understanding is
annexed herewith.

4. That the applicant/Complainant, the accused Sudhir Talwar and

his mother namely Shashi Bala Talwar settled their
disputes with regard to the dowry articles, maintenance
past and present, future claims, Istridhan etc. and the
mother of the accused agreed to pay a sum of
Rs.5,00,000/- (Rupees Five Lacs only) in full and final
settlement with the complainant. Therefore, in
persuasion of the above settlement the mother of the
accused namely Shashi Bala Talwar paid a sum of
Rs.80,000/- in cash on behalf of the accused i.e. her son
as token before the Court of Sh. Narrotam Kaushal, Ld.
Principal Judge, ADJ, Rohini Courts, Delhi on
12.01.2016 during execution proceedings and after the
satisfaction of the said execution, the above said Hon’ble
Court disposed off the execution petition on 12.01.2016.

5. That the accused and the mother of the accused undertook to pay
the balance amount of Rs.4,20,000/- (Rupees Four
Lakhs and twenty thousand only) by issuing post-dated
cheques of Rs.1,05,000/- each in favor of the
complainant by mentioning the date, amount and the
complainant's name upon the said cheques as
15.03.2016, 15.04.2016, 15.05.2016 and 15.06.2016, all
cheques drawn on State Bank of India, Malviya Nagar,
New Delhi.
6. That as per the terms and conditions of Memorandum of
Understanding, the accused and his mother further
undertook that all the cheques would be honored on
their presentations from the banks and in case if any
cheques is bounced/ dishonored due to any reason the
accused and his mother shall be liable/ responsible for
the same and the complainant is at liberty to take an
appropriate legal action civil or criminal.

7. That as per the terms and conditions, the complainant accepted

the said posted dated cheques, and presented first
cheque bearing no.: 724529 of a sum of Rs.1,05,000/-
drawn on State Bank of India, Malviya Nagar, New
Delhi- 110017 on 15.03.2016 but to the utter surprise
and shock of the complainant, the same was returned by
her banker with the remarks that—"Cell telephone not
responded KYC" vide memo dated 16.03.2016 and the
intimation was received by my client later on.

8. That returning of the aforesaid cheque dated15.03.2016 from her

bank and the kind of conduct on part of the accused and
his mother clearly reflects that since the beginning their
intentions were deceitful and malafide and they were very
well aware that the said cheque would not be honored.
Not only this the complainant is also having
apprehensions that the accused person Sudhir Talwar
and his mother are trying to sell out this property as
soon as possible. Therefore, after considering the
conduct of the accused namely Sudhir Talwar and his
mother Smt. Sashi Talwar, the bail of the accused Sudhir
Talwar is liable to be cancelled.

PRAYER: -
 In view of the above fact and circumstances this Hon’ble
Court may kindly be pleased to cancel the bail of the accused person
in the interest of justice and oblige.

COMPLAINANT

THROUGH

COUNSEL
DELHI
DATE: