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 :
