BEFORE THE HON’BLE CHIEF JUDICIAL MAGISTRATE AT
SANAND
CRIMINAL MISC. APPLICATION NO. 70 OF 2021
IN
CRIMINAL COMPLAINT NO. ______ OF 2021
FTF Pharma Private Limited … Complainant
Versus
1. Medis Healthcare Pvt Ltd
2. Mr. Sunil Kulshrestha
3. Ms Meenakshi Kulshrestha
4. Mr. Rakesh … Accused
WRITTEN SUBMISSIONS ON BEHLAF OD THE
RESPONDENTS OBJECTING TO THE APPLICATION
SEEKING CONDONATION OF DELAY.
I, _________________, adult, Male aged ____ years and residing
at 122, 1st Floor Bahgwati Business Centre School BLK,
Shakarpura, Delhi, East Delhi, Delhi, am the person
arraigned as an accused in the Criminal Complaint bearing
No ___ of 2021, filed at the behest of the Complainant herein,
do hereby solemnly affirm and declare as under:
1. I have perused the application, preferred by the
complainant herein seeking condonation of delay of a
period of ___ days, before this Hon’ble Court, I have serious
objections in the above captioned application being allowed,
for the reasons that have been enumerated by me as
hereinunder;
2. I reserve my right to file a detailed reply later if required
during the proceeding/ oral arguments of the case. I
further submit that I have gone through the application
made by the Complainant and I object to all averments and
contentions which have not specifically admitted by me
hereinafter, and further submit that the averments therein
are incorrect, false & far from truth.
3. At the outset, it is respectfully submitted that, the
complainant has filed the present complaint seeking
condonation of delay for a period of _____ days in filing of
the present Criminal Complaint, however it is necessary to
bring to the kind notice of this Hon’ble Court, that the
present application deserves to be dismissed at the very
threshold in addition to the dismissal of the present
Criminal Complainant, after compliance of the due
procedure which the Hon’ble Court may deem fit, more so
in light of the delay caused, not only in the filing of the
present Criminal Complaint but also in the issuance of the
very notice under Section 138(b) of the Negotiable
Instruments Act, which mandates that; where the payee or
the holder in due course of the Cheque, as the case may
be, makes a demand of the payment of the said amount, in
such a case the payee shall, issue a notice within a period
of 30 days from the date of receipt of information by him
from the bank regarding the return of cheque as
dishonoured/ Unpaid and that the delay in issuance of
such notice by the payee after the receipt of notice cannot
be condoned as per the mandate and legislative intent of
the aforesaid provision.
4. It is most respectfully submitted that as a result of the
alleged outstanding dues a cheque bearing no 000249,
towards a payment of Rs 7,00,000/- came to be issued by
the respondents herein on 25/03/2021, to which a invoice
was also issued and sent vide an email dated 25/03/2021,
however when the cheque came to be presented by the
complainant herein, the same came to be dishonoured and
returned which a remark “Payment stopped by Drawer” on
30/03/2021. As a result of the aforesaid cheque being
dishonoured, a statutory notice came to be issued under
section 138 of the Negotiable Instruments Act, on
20/05/2021, which is after a period of 50 days (delay of 20
days) from the date of receipt of information from the bank
with regard to the cheque being Returned/ Dishonoured,
and which as per the mandate laid down under section
138(b) of the Act, cannot be condoned. It is further
submitted that another statutory notice came to be issued
by the complainant herein dated 05/06/2021 for the same
transaction and for the issuance of the said cheque
aforementioned, which is also hit by the rigours and
mandate of a period of 30 days. It is further submitted that
as a result of the alleged non-compliance and further on
expiry of the period of 15 days (i.e on 20/06/2021) the
present complaint came to be filed on 22/07/2021, which
also is after a delay of ___ days as per the mandate laid
down by the legislature. Therefore, in light of the aforesaid
delay caused not only in the filing of the present complaint
but also, in the issuance of statutory notice as per the
mandate laid down by the legislature, the present
application along with the present Criminal Complaint
deserves to be dismissed at the very threshold, as the same
would not fall within the ambit of the order dated
23/03/2021 passed by the Hon’ble Supreme Court in SUO
MOTU Writ Petition No 3 of 2020.
5. The Accused Respondents herein reserves all his rights to
file further and additional affidavits, if need be.
Solemnly affirmed at Ahmedabad on this ____ day of ______,
2022.
________________
Deponent
