Application under Section 145(2) NI Act for Cross-Examination

IN THE COURT OF __________________ AT __________________
COMPLAINT CASE NO. ______ OF 20__

IN THE MATTER OF:

VERSUS

APPLICATION UNDER SECTION 145(2) OF THE NEGOTIABLE INSTRUMENTS ACT, 1881 FOR SUMMONING AND CROSS-EXAMINING THE COMPLAINANT / AFFIDAVIT WITNESS

MOST RESPECTFULLY SHOWETH:

1. That the above complaint has been filed alleging commission of an offence under Section 138 of the Negotiable Instruments Act, 1881 in respect of cheque no. __________ dated __________ for Rs. __________ drawn on __________ Bank.
2. That the complainant has tendered evidence by way of affidavit in support of the complaint and has relied upon the documents placed on record.
3. That the accused disputes material facts asserted in the complaint and affidavit, including, inter alia, the nature of the transaction, the existence and/or extent of the alleged legally enforceable debt or liability, and such other matters as are specifically pleaded by the accused.
4. That the accused has a bona fide and substantial defence which requires testing the complainant's version through cross-examination. The proposed cross-examination is necessary for a fair adjudication of the case and is not sought merely to delay the proceedings.
5. That, without prejudice to other defences available in law, the accused seeks to question the complainant regarding the alleged transaction, source and proof of consideration, relevant accounts/documents, circumstances in which the cheque came into the complainant's possession, alleged payments or adjustments, presentation of the cheque, statutory demand notice and other connected facts appearing from the complaint and affidavit.
6. That Section 145(2) of the Negotiable Instruments Act, 1881 provides for summoning and examining a person whose evidence has been given on affidavit, and the accused is therefore entitled to seek the attendance of the complainant/affidavit witness for cross-examination on the relevant facts stated therein.
7. That allowing the present application would cause no legally cognisable prejudice to the complainant and would assist the Court in effectively and fairly determining the real questions in controversy.

PRAYER

In view of the facts and circumstances stated above, it is most respectfully prayed that this Hon'ble Court may be pleased to:

1. allow the present application under Section 145(2) of the Negotiable Instruments Act, 1881;
2. summon/recall the complainant or concerned affidavit witness for examination and cross-examination on the facts contained in the affidavit and other relevant matters permissible in law; and
3. pass such other or further order as this Hon'ble Court may deem fit and proper in the interests of justice.

Place: __________
Date: __________

ACCUSED / APPLICANT

Through Counsel
__________________ Advocate

IN THE COURT OF __________________ AT __________________
COMPLAINT CASE NO. ______ OF 20__

____________________________   Complainant
Versus
____________________________   Accused

AFFIDAVIT

I, ____________________________, aged about ____ years, S/o / D/o / W/o ____________________________, resident of ____________________________, do hereby solemnly affirm and state as under:

1. That I am the accused/applicant in the above-mentioned case and am well acquainted with the facts and circumstances of the matter and competent to swear this affidavit.
2. That the accompanying application under Section 145(2) of the Negotiable Instruments Act, 1881 has been prepared under my instructions. Its contents have been read over and explained to me and are true and correct to my knowledge and belief.
3. That the annexures, if any, filed with the application are true copies of their respective originals.

DEPONENT

VERIFICATION

Verified at __________________ on this ____ day of __________, 20__, that the contents of the above affidavit are true and correct to my knowledge and belief and that nothing material has been concealed therefrom.

DEPONENT