IN THE COURT OF SH, ASHOK KUMAR MM-04 ( NI ACT) CENTRAL THC ,

DELHI.

IN THE MATTER OF: - COMPLAINT CASE NO. 527900/2016

HANUMA PERSHAD COMPLAINANT

VERSUS

N.K. ARORA ACCUSED

P.S: - civil lines

U/s. 138 of N.I. Act.
L.D.O.H:- 30.11.2017
N.D.O.H:- 14.03.2018

APPLICATION UNDER SECTION 254 CR.P.C. BY AND ON

BEHALF OF ACCUSED TO ISSUE SUMMONS TO OFFICIAL

CONCENRED OF INCOME TAX DEPARTMENT.

MOST RESPECTFULLY SHOWETH:

1. That the above noted criminal complaint is pending adjudication before this

Hon’ble Court and has been fixed today for filing of application under section 254

Cr.P.C...

2. That the complainant admitted the receipt of payment Rs 15,00,000/- (impugned

cheque amount) through RTGS. However, the complainant has filed the present

complaint on false and frivolous grounds that the accused herein had issued the

cheuqe in question towards the payment of interest amount on the amount given

by the complainant to respondent..

3. That it is submitted that during the cross-examination on 27.01.2015, the

complainant itself stated on oath that he can produce the Income-Tax return filed

before the Income-Tax Authroities during the relevant period. However ,on
 01.10.2015 he did not bring the ITR as stated and the same has been duly

recorded during her cross examination.

4. That it is further submitted that the production of ITR is material evidence for the

adjudication of present complaint for the reasons that initially the amount given by

the complainant to accused is interest free financial assistance and never

intended to be levied the interest at the time of repayment. The ITR filed by the

complainant will reveal that the payment made by the complainant to accused is

intended to be interest free of not?

5. That in the circumstance as mentioned hereinbefore, it is submitted that the

official concerned of income Tax department, Delhi alongwith relevant records

and ITR are material witness and records for the adjudication of present

complaint.

6. That the present applicant has been preferred bonafide and in the ineterst of

justice.

PRAYER

In view of foretastated facts, It is therefore requested before this Hon`ble Court to

allow the present application and direct the complainant to provide the details of

his PAN ( Permanent Account Number) so that the accused may be able to

summons the official concerned for deposition before this Court, to prove the

defence and innocence of the accused in the interest of Justice.

ACCUSED

THROUGH

NEW DELHI

DATED
SUDHIR KUMAR SINHA

A-14, LGF, NEW FRIENDS COLONY,

NEW DELHI-48