IN THE COURT OF LD

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 the above said complaint is pending in this Honble Court and is fixed for today.

2.

That the claim of the complainant is that 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. -2-

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 matter of the complaint and a corroborating document of the claim 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.

-3-It 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 DayalSole 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.AFFIDAVITI, Deen Dayal S/o Prabh Dayal Sole Prop. D.D. Enterprises Malout, Tehsil Malout, Distt. Sri Muktsar Sahib, do hereby solemnly affirm and declare as under :-

1.

That the above said complaint is pending in this Honble Court and is fixed for today.

2.

That the claim of the complainant is that 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 -2-

the 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 matter of the complaint and a corroborating document of the claim 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 -3-

opportunity 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