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Application For Cancellation of BW Arjun Prakash

The document is an application for the cancellation or stay of bailable warrants issued against the accused in a pending case under the NI Act. The accused claims to have settled the matter with the complainant and asserts that his absence from court was due to the complainant's promise to withdraw the case. The applicant requests the court to cancel the warrants in light of these circumstances.

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47 views1 page

Application For Cancellation of BW Arjun Prakash

The document is an application for the cancellation or stay of bailable warrants issued against the accused in a pending case under the NI Act. The accused claims to have settled the matter with the complainant and asserts that his absence from court was due to the complainant's promise to withdraw the case. The applicant requests the court to cancel the warrants in light of these circumstances.

Uploaded by

avirajpartner
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
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IN THE COURT OF SH.

VIKRANT VAID, MM, SAKET COURTS,


DELHI.

In the matter of:

R .K. VISSION v/s ARJUN PRAKASH

CC No.321/2012
U/s 138 NI Act
NDOH 22.01.2013

APPLICATION FOR CANCELLATION/ STAY OF BAILABLE


WARRANTS ISSUED AGAINST ACCUSED

IT IS MOST RESPECTFULLY SHOWETH:-

1. That the above noted case is pending before this Hon’ble Court and is fixed
for 22.01.2013.
2. That the complainant has filed a complaint case against the accused and the
Hon’ble court was pleased to summon the accused for the offence under the
sections of the NI Act.
3. The accused has settled the matter with the complainant on 15.10.2012 and
as per the settlement accused has paid a sum of Rs 50,000 to the
complainant and remaining sum of Rs 20,000/- was to be paid to the
complainant towards legal charges etc. on 19.10.2012 after the withdrawal
of this present case. That for the compliance of the terms of the settlement
accused has telephoned the complainant and the complainant assured the
accused that he would withdraw his case on 18.12.2012 date which was
fixed.
4. That taking his version to be true accused did not come to attend the
proceedings as complainant was supposed to withdraw the case as per his
own promise.
5. That accused got made the pay order favoring complainant and contacted
the complainant but the complainant refuse to receive the balance payment.
That accused got suspicious on the behaviour of the complainant and
contacted his lawyer to verify the status of the present case and on
verification came to know that the complainant has not withdrawn the case
and in the absence of the accused the Hon’ble Court was please to issue the
Bailable Warrants against the accused.
6. That the absence of the accused was neither willful nor deliberate, and the
applicants undertake to be careful in the future and present himself on each
and every date.

PRAYER
It is therefore most humbly prayed to the Hon’ble court that the Bailable warrants
issued against the applicant/accused may kindly be cancelled/ stayed or to pass
order which this Hon’ble court deems fit and proper in the facts and circumstances
of this case in the interest of justice.

Applicant/Accused
Date:
Through
Place: New Delhi (Aman Sareen & Associates)
Advocates

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