Sunday 5 May 2019

APPLICATION UNDER SECTION 91 OF THE CODE OF CRIMINAL PROCEDURE




In the court of Judicial Magistrate Ist class, District XX

A.B.C.
........... Complainant
Versus
X.Y.Z
.............Accused

Application under section 91 of the Code of Criminal Procedure

Sir,

Respectfully, It is submitted as under :

1. That the above titled complaint is pending in this Hon'ble Court and is fixed for today.

2. That the C.W.-1, complainant, has appeared into the witness box during the complainant evidence and during cross examination, he has specifically stated that he was maintaining the balance sheet and account books of the complainant firm and has also shown the payments allegedly given to the accused against the cheque in question in the account books and balance sheet. Whereas the defence of the accused is that he taken only Rs. ________/- against the undated and blank cheque given to the complainant as collateral security. The complainant has himself filled the blank cheque for Rs. ________/- to extort money from the accused.

3. That the stand of the complainant can be falsified from the entries in the account books and balance sheet of the complainant firm and would show that the accused are not liable to pay Rs. _________/- as mentioned in the cheque and alleged in the complaint.

4. That the accused requests that the complainant may kindly be directed to place on record the copies of the relevant entries in the account books and balance sheet show what amount was paid to the accused against the cheque in question.

               It is therefore respectfully prayed that the keeping in view the above detailed submissions present application may kindly be allowed and the complainant may kindly be directed to place on record the original or attested copies of the relevant entries in the name of the accused in the account books and balance sheet to show as to what amount was paid to the accused against the cheque in question, by passing an appropriate order in the interest of justice.


Applicants/accused
Date:
Through Counsel :

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