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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Affidavit Under Order 5 Rule 20 Read With Section 151 Civil Procedure Code (CPC) Substitute Process of Service

NOTE: This affidavit is to support the main APPLICATION U.O. 5 R. 20 READ WITH SECTION 151 CPC

In the Hon’ble Court OF _____________,

FIRST PARTY              V/S             SECOND PARTY

(TYPE OF CASE)

Application Under Order 5 Rule 20 Read with Section 151 CIVIL PROCEDURE CORD (CPC)

AFFIDAVIT

I, ____________________ SON OF ____________________ RESIDENT OF _______________________________do hereby solemnly affirm and declare as under:-

       1)    That the above captioned petition/ case/ complaint/ application is pending in this Hon’ble Court and is fixed for today.

     1)    That the deponent is not in the knowledge of the present address of the respondent/ defendant/ opposite party, except which is mentioned in the petition/ case/ suit/ complaint/ application. Hence, the respondent/ defendant/ opposite party cannot be served through ordinary process of service and is liable to be served through substitute process of service. Hence this application.

…Deponent

Verification:-

Verified that the contents of the above affidavit are true and correct to the best of my knowledge and nothing has been concealed therein.

Verified at ____________ on________

…Deponent

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Application Under Order 5 Rule 20 Read With Section 151 Civil Procedure Code (CPC) Substitute Process of Service

In the Hon’ble Court OF _____________,

FIRST PARTY              V/S             SECOND PARTY

(TYPE OF CASE)

Application Under Order 5 Rule 20 Read with Section 151 CIVIL PROCEDURE CODe (CPC) for effecting the service of the respondent/ defendant/ OPPOSITE PARTY  by way of substitute process of service

          Respectfully Showeth:-

       1)    That the above captioned petition/ case/ complaint/ application is pending in this Hon’ble Court and is fixed for today.

    2)    That the applicant is not in the knowledge of the present address of the respondent/ defendant/ opposite party, except which is mentioned in the petition/ case/ suit/ complaint/ application. Hence, the respondent/ defendant/ opposite party cannot be served through ordinary process of service and is liable to be served through substitute process of service. Hence this application.

It is, therefore, prayed that the service of the respondent/ defendant/ opposite party may kindly be effected through substitute process of service, in the interest of justice, equity and fair play.

Dt.

…Applicant

Through Counsel

                                       Advocate


NOTE: ALONGWITH THE ABOVE SAID APPLICATION, YOU ALSO NEED A SUPPORTING AFFIDAVIT. TO TAKE A LOOK AT THE SAME -> CLICK HERE

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WRITTEN REPLY TO THE APPLICATION UNDER ORDER 6 RULE 17 READ WITH SECTION 151 CPC

IN THE Hon’ble Court ADDITIONAL DISTRICT JUDGE, _______

First party            V/s               Second Party

Reply to the application U.O. 6 Rule 17 read with section 151 CPC filed by the applicant

Sir

It is respectfully submitted as under:-

Preliminary objections:-

1.      That the present application is not maintainable in the eyes of law. 

 2.  That the application has been filed at much later stage. Despite the applicant was having the knowledge of the fact which it intends to add now at the last stage of the proceedings, he cannot be allowed to plead inadvertence at this stage.

On Merits:-

1.       That para No.1 of the application is matter of record.

2.     That para No.2 of the application is wrong, incorrect and hence vehemently denied. The applicant was having full knowledge of the fact which it intends to add, since the filing of the present application.

3.      That para No.3 of the application is wrong, incorrect and hence vehemently denied. the applicant though was fully aware of the above said fact at the time of filing the petition, yet was grossly negligent in mentioning of the above said fact and to cover its negligence or to fill up its lacuna, the applicant cannot take the plea of inadvertence at last stage of proceedings.

4.       That para No.4 of the application is wrong, incorrect and hence vehemently denied.

            Last para is prayer clause, which is on the basis of wrong pleadings of the applicant, hence wrong, incorrect and denied of which the applicant is not entitled any relief.

                   It is therefore, respectfully prayed that the application in reply may kindly be dismissed, in the interest of justice, equity and fair play.

Dated:

Respondent

Through Counsel

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