Scribd
Upload
5K views9 pages

Roshan 145 N.I. ACT

This document is an application filed in the Court of Metropolitan Magistrate in Patiala House Court, Delhi by Sky Max Broadband Services Pvt Ltd and another accused against Reliance Communication. The accused is seeking permission from the court to cross-examine the complainant and submit defense evidence. The accused argues that the complaint filed by Reliance Communication is false and that the cheque submitted was only given as security and not against any liability. The accused further states that internet services stopped on their own after a few days of activation and despite complaints, Reliance Communication did not resolve the issue for around 10-15 days.

Uploaded by

madhav1100
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOC, PDF, TXT or read online on Scribd
5K views9 pages

Roshan 145 N.I. ACT

This document is an application filed in the Court of Metropolitan Magistrate in Patiala House Court, Delhi by Sky Max Broadband Services Pvt Ltd and another accused against Reliance Communication. The accused is seeking permission from the court to cross-examine the complainant and submit defense evidence. The accused argues that the complaint filed by Reliance Communication is false and that the cheque submitted was only given as security and not against any liability. The accused further states that internet services stopped on their own after a few days of activation and despite complaints, Reliance Communication did not resolve the issue for around 10-15 days.

Uploaded by

madhav1100
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOC, PDF, TXT or read online on Scribd
You are on page 1/ 9

IN THE COURT OF METROPLITAN MAGISTRATE, PATIALA

HAUSE COURT: DELHI

COMPLAINT CASE NO._______ OF 2018

IN THE MATTER OF:-

RELIANCE COMMUNICATION ...COMPLAINANT

VERSUS

SKY MAX BROADBAND SERVICES PVT LTD & ANR


….ACCUSED

APPLICATION U/S 145 (2) OF N.I. ACT FOR


PERMISSION TO EXAMINE THE COMPLAINANT AND
TO FILE DEFENCE EVIDENCE ON BEHALF OF
ACCUSED.

1.
That the above noted matter is pending before this Hon'ble

Court and fixed for 06.12.2019.

2.
That the complainant has filed the present complaint case on

false, fabricated and frivolous allegation made against the

applicant /accused, and as such the complaint case is not

maintainable and liable to be dismissed.


3.
That submission of the Complainant of the regarding any

outstanding invoices is totally wrong and fallacious.

4.
That the cheque was given as a security at the time of

signing the agreement. The cheque was signed however

details as to date, amount etc. were not filed by the

applicant.

5.
That applicant got the internet connection on 20.09.2017

soon thereafter on 21.09.2017 services stopped by itself.

6.
That applicant also sent a written complaint vide email dated

23.09.2017 stating that due to fiber cut internet

connection has stopped. Applicant/Accused even sent

photographs of the same for action to be taken by


complainant. (Copy of Email dated 23.09.2017 and photo

attached therewith is annexed herewith as Annexure A)

7.
That despite information complainant kept the

applicant/accused waiting causing him loss of over 500

customers. Complainants kept the Applicant/ Accused

waiting for around 10 to 15 days without internet

connection. Thereafter getting completely frustrated

Applicant/ Accused changed to another internet service

provider (i.e. Tata communications) terminating the

services of complainant.

8.
That Applicant/Accused transferred rupees 1 Lakh to the

complainant on 6 November 2017 for whatever services he


had availed so far. (Copy of email NEFT credit

confirmation is annexed herewith as Annexure B)

9.
That applicant/ accused is not liable for any discharge of

legally debt/other liabilities as per provisions of the law,

the complainant has demanded the money in unlawful

manner. It is nothing but merely extending of the threats

in order to extort the money by misusing the cheque,

which was obtained by the complainant by his misdeeds

and malafide acts in order to use it at later date.

10.
That the alleged cheque which was presented by the

complainant was never issued against any liability.


Therefore cross examination of the complainant is

essential for the just and proper disposal of the case.

11.
That incase the accused is not permitted to cross examine

the complainant and to lead his defense evidence, the

accused shall suffer irreparable loss and injury which

cannot be compensated in terms of money.

PRAYER:

It is, therefore, most respectfully prayed that the

accused/applicant may kindly be allowed to cross-examine

the complainant and to lead defense evidence, in the interest

of justice.
PLACE: DELHI APPLICANT

DATE: THROUGH

COUNSEL

IN THE COURT OF METROPLITAN MAGISTRATE, PATIALA


HAUSE COURT: DELHI

COMPLAINT CASE NO._______ OF 2018

IN THE MATTER OF:-

RELIANCE COMMUNICATION ...COMPLAINANT

VERSUS

SKY MAX BROADBAND SERVICES PVT LTD & ANR

….ACCUSED

AFFIDAVIT

I, Roshan Jha Propriter of Sky Max Broadband Services Pvt Ltd

S/o Vijay Jha aged about 33 years R/o House no. D 357 Inder
Enclave Phase 1, Kirari Suleman Nagar, Nithari, North West Delhi

110086 do hereby solemnly affirm and declare as under:

1.
That I am the accused/applicant in the above matter and

fully conversant with the facts of the case and competent to

swear this affidavit.

2.
That the contents of accompanying application u/s 145(2) of

N.I. Act, have been drafted by my counsel under my

instruction and the contents of the same have been read-

over and explained to me by my counsel in vernacular and

the facts stated therein are true and correct to my

knowledge. The contents of the same may be read as part


and parcel of this affidavit which are not being reproduced

herein for the sake of brevity.

DEPONENT

VERIFICATION:

Verified at Delhi on ___ December of 2019 that the

contents of my above affidavit are true and correct to my

knowledge and nothing material has been concealed therefrom.

DEPONENT

You might also like

pFad - Phonifier reborn

Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


Alternative Proxies:

Alternative Proxy

pFad Proxy

pFad v3 Proxy

pFad v4 Proxy