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Cancellation NBW

1) The accused, Harendra Singh, has applied to cancel the non-bailable warrant issued against him for failing to appear in court for a case filed by Bajaj Finance Pvt. Ltd under Section 138 of the Negotiable Instruments Act. 2) The accused claims that a settlement was reached between the parties and he was informed by the complainant that he did not need to appear in court as the matter would be withdrawn. 3) However, the accused later learned that the case was still pending and he did not receive any notices or summons. He seeks cancellation of the non-bailable warrant in the interest of justice.

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22K views2 pages

Cancellation NBW

1) The accused, Harendra Singh, has applied to cancel the non-bailable warrant issued against him for failing to appear in court for a case filed by Bajaj Finance Pvt. Ltd under Section 138 of the Negotiable Instruments Act. 2) The accused claims that a settlement was reached between the parties and he was informed by the complainant that he did not need to appear in court as the matter would be withdrawn. 3) However, the accused later learned that the case was still pending and he did not receive any notices or summons. He seeks cancellation of the non-bailable warrant in the interest of justice.

Uploaded by

mohan kumar
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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IN THE HON’BLE COURT OF SH. PUNIT NAGPAL, LD., M.M.

, DWARKA
COURTS, NEW DELHI

CC NO. 416/17
IN THE MATTER OF:

Bajaj Finance Pvt. Ltd. …COMPLAINANT


VERSUS

MURGA ENTERPRISES …ACCUSED

Complaint U/S. 138 N.I. Act.


P.S.
N.D.O.H-02-10-2018
APPLICATION FOR CANCELLATION OF NON BAILABLE WARRANT
ISSUED AGAINST THE APPLICANT/ACCUSED HARENDRA SINGH.

MOST RESPECTFULLY SHOWETH:-


1. That the complainant has filed the present complaint against the
applicant/accused and the same is pending adjudication before this
Hon’ble Court and is the same was listed on 1.1.2018.

2. That due to the non-appearance of the applicant/accused on last


date of hearing, the Hon’ble Court was pleased to issue Non Bailable
Warrant against the applicant/accused person.

3. That it is submitted that the counsel of the applicant / accused


appeared on in Aug, 2017 on the date fixed but the Hon’ble Court
was on leave.

4. That However, settlement was arrived at between the parties and it


was communicated by the officials of the complainant that there is
no need to appear as the matter would be withdrawn. The copy
Payment receipts and No objection Certificate is annexed and
marked as Annexure “A”.

5. That hence the accused was casual with an hope that the matters
have been withdrawn.
6. That however it later transpired that the matter was still pending
and the accused person did not received any notice/summons in
this regard.
7. That the accused / applicant only came to know when the police
officers had reached the premises of the accused / applicant for
execution of the same. However the accused / applicant after seeing
the notice / warrant enquired from the website and came to know
about the proceedings/ stage of the case. However the accused was
also not in Delhi as a coincidence when the case was fixed for
hearing.

8. That the absence of the accused/applicant was neither intentional


nor will full, but due to the reasons mentioned above.

9. That the applicant/accused is a law abiding person and undertakes


to appear before this Hon’ble Court on each date without any
omission or default.

10. That the applicant/accused prays before this Hon’ble Court to


cancel/ the NBW issued against the accused /applicant in the
interest of justice.
PRAYER:-
It is therefore most respectfully prayed before the Hon’ble Court may
kindly be pleased to cancel the NBW issued against the
applicant/accused and grant bail in the interest of justice.

APPLICANT
THROUGH

COUNSEL FOR THE APPLICANT/ACCUSED

CH. NO. 528, DISTT. COURT Saket


COMPLEX,

MOB.: 9845878451
DATED:

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