BEFORE THE COURT OF LD CHIEF JUDICIAL MAGISTRATE
LD. JMFC N.I.ACT SAKET DISTRICT COURTS, DELHI
CC. No. 1403/2021
IN THE MATTER OF:
ARPITA KAYAL ...Complainant
Versus
AVINASH SHARMA ...Accused
NDOH:03/02/2025
Section 138 of Negotiable Instrument Act
APPLICATION U/S 451 BNSS, 1973 FOR TRANSFER OF THE
CAPTIONED MATTER.
1. That the applicant has filed the above-captioned
case u/s 138 of the Negotiable Instrument Act,
1881 against the accused for the dishonor of the
cheque issued in the discharge of the legally
recoverable debt and the same is fixed for
clarification/judgement on 03/02/2025.
2. That the captioned matter is pending for
adjudication before the court of Ld. Metropolitan
Magistrate Ms. Pooja Kumari, Ld. JMFC South Saket
Court.
3. That the presiding officer has already formed an
opinion in the case and pronounced in the open
court that the accused would be acquitted in the
above captioned matter and presiding officer has
behaved in a way that makes a fair trial unlikely.
4. That the Hon’ble court may kindly consider the
fact that the applicant/complainant is a single
destitute lady and she is squarely aggrieved by
the conduct of the accused persons. The Hon’ble
Court may please take into account the fact that
the applicant is being harassed by the pernicious
acts of the Accused persons.
5. That it is also pertinent to mention here that the
examination in chief and cross examination was
done on 26-020-2022 and court allowed the
complainant to bring all documents which were
part of the transaction and the complainant was
also confronted on those documents in the
predecessor Ms. Nidhi Singh, Ld., MM, South, Saket
in year 2022 and cross examination was deferred
and again cross examination was conducted on
04-06-2022 where again certain documents were
confronted and all documents those pertaining
documents are part of judicial file but the present
trail court of Ms. Pooja Kumari, Ld. JMFC South
Saket Court is failing to appreciate those documents
as evidence of transaction.
6. That it is also important to mention here that
there was a misconduct which took place by the
counsel of the accused with the predecessor
Magistrate Shri Rohit Kumar and cost of Rs 10,000
was also imposed upon the counsel of accused and
after the transfer of the predecessor application
before the Ms. Pooja Kumari, LD JMFC, Digital
Court-2, South, New Delhi the cost was reduced to
Rs 5,000 by the Ld. Magistrate and there was also
cost of Rs 2500 levied upon the accused to be paid
to the complainant which was also waived by the
Ms. Pooja Kumari, LD JMFC, Digital Court-2, South,
New Delhi.
7. The Hon’ble Court may please consider the request
of the applicant and transfer the captioned
matter to the Court of Ms. Norma Jain, LD JMFC
Digital Court-1, South Saket.
8. That the application at hand has been moved
bonafidely in the supreme interest of justice.
9. That if the application is allowed it would not
cause any pre- judice neither to the rights of the
accused nor to the fair trial of the matter. That if
the application is not allowed it would cause
exemplary hardship and suffering to the
complainant/applicant.
PRAYER
In light of the submissions made hereinabove it is most humbly and
respectfully prayed to the Hon’ble Court to transfer the captioned
matter to the Hon’ble Court of Ms. Norma Jain, LD JMFC Digital Court-1,
South Saket, Ld. Metropolitan Magistrate.
Any other order which the Court may deem fit in the interest
of justice.
For such act of kindness the applicant shall ever pray and duty
bound.
COMPLAINANT/APPLICANT
THROUGH
PLACE: NEW DELHI
DATE: 21/01/2025
(HARSHIT SAGAR)
(DLSA/ LEGAL AID COUNSEL)
Enrl. No.: D/4944/2015
Saket District Court, New
Delhi-110017
9873776575 (M)
BEFORE THE COURT OF LD CHIEF JUDICIAL MAGISTRATE
LD. JMFC N.I.ACT SAKET DISTRICT COURTS, DELHI
CC. No. 1404/2021
IN THE MATTER OF:
ARPITA KAYAL ...Complainant
Versus
AVINASH SHARMA ...Accused
NDOH:03/02/2025
Section 138 of Negotiable Instrument Act
AFFIDAVIT
I,ARPITA KAYAL,FLAT NO.1307, B BLOCK, AMRAPALI GREEN,1/3 VAIBHAV
KHAND,INDIRAPURAM, GHAZIABAD, UTTAR PRADESH-201014, AGED ABOUT ____
YEARS DO HEREBY SOLEMNLY AFFIRM AND DECLARE AS UNDER.
1. That I am the complainant in the above titled complaint as such am well
conversant with the facts of the same. Hence, I am able to depose about
those, on oath.
2. That I have gone through the contents of the accompanying complaint and
say that the same has been drafted by my counsel under my instructions and
the same is read over to me. I further state that the facts stated in the
accompanying complaint are true and correct.
Deponent
VERIFICATION:
Verified at New Delhi on this___ day of January, 2025 that the contents of the
above affidavit are true and correct to my knowledge and that nothing material
has been concealed therefrom.
Deponent
BEFORE THE COURT OF LD CHIEF JUDICIAL MAGISTRATE
LD. JMFC N.I.ACT SAKET DISTRICT COURTS, DELHI
CC. No. 1403/2021
IN THE MATTER OF:
ARPITA KAYAL ...Complainant
Versus
AVINASH SHARMA ...Accused
NDOH:03/02/2025
Section 138 of Negotiable Instrument Act
LEGAL AID CASE AIDED BY DLSA
INDEX
S.
PARTICULARS PAGE NO.
NO.
1. MEMO OF PARTIES. A
APPLICATION U/S 451 BNSS, 1973 FOR TRANSFER OF
2. THE CAPTIONED MATTER WITH SUPPORTING
AFFIDAVIT.
3. DLSA LETTER
4. LIST OF DOCUMENTS ALONG WITH DOCUMENTS.
LIST OF WITNESSES ON BEHALF OF THE
5.
COMPLAINANT.
6. DLSA LETTER
PLACE: NEW DELHI
DATE: 21.01.2025
(HARSHIT SAGAR)
(DLSA/ LEGAL AID COUNSEL)
Enrl. No.: D/4944/2015
Chamber No.603, Lawyers Chamber Block
Saket District Court, New Delhi-110017
BEFORE THE COURT OF LD CHIEF JUDICIAL MAGISTRATE
LD. JMFC N.I.ACT SAKET DISTRICT COURTS, DELHI
CC. No. 1403/2021
IN THE MATTER OF:
ARPITA KAYAL ...Complainant
Versus
AVINASH SHARMA ...Accused
NDOH:03/02/2025
Section 138 of Negotiable Instrument Act
LEGAL AID CASE AIDED BY DLSA
MEMO OF PARTIES
ARPITA KAYAL,
R/O: FLAT NO.1307, B BLOCK,
AMRAPALI GREEN,1/3 VAIBHAV KHAND,
INDIRAPURAM, GHAZIABAD,
UTTAR PRADESH-201014 ...Complainant
Avinash Sharma
C/O Jail Superintendent
Avinash Sharma
Central Jail No. 4, Tihar Jail
New Delhi-110058
Also At,
Avinash Sharma
S/O Ravindra Nath Sharma,
4th Phase, 1/F Adarsh Nagar, Sonari,
Jamshedpur, Sonari, East Singhbhum
Jharkhand-831011 ...ACCUSED
PLACE: NEW DELHI
DATE: 21.01.2025
(HARSHIT SAGAR)
(DLSA/ LEGAL AID COUNSEL)
Enrl. No.: D/4944/2015
Chamber No.603, Lawyers Chamber Block
Saket District Court, New Delhi-110017
9873776575 (M)
