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Reply 13022023

The document is a reply from an accused in a criminal case to the complainant's application for interim compensation. The accused argues that the application lacks details and the complainant has not proven they are entitled to compensation. The accused also says they have limited means and the application should be rejected.

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151 views

Reply 13022023

The document is a reply from an accused in a criminal case to the complainant's application for interim compensation. The accused argues that the application lacks details and the complainant has not proven they are entitled to compensation. The accused also says they have limited means and the application should be rejected.

Uploaded by

suyogjadhav7869
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 COURT OF LEARNED METROPOLITAN MAGISTRATE'S


____ COURT, AT __________, MUMBAI.
CRIMINAL CASE NO. ___________

________________________ ………….COMPLAINANT
V/S.
___________________ ………….. ACCUSED

REPLY OF THE ACCUSED TO THE


APPLICATION OF THE COMPLAINANT
FOR INTERIM COMPENSATION DATED __________

MAY IT PLEASE YOUR WORSHIP

For and on behalf of Accused, I respectfully submit as under:


1. It is submitted that on ___________, complainant filed an

application U/Sec 143 –A of N.I. Act.

2. It is submitted that the application filed by the complainant is

vague, cryptic, and devoid of particulars. The complainant must

firstly satisfy the court that he is entitled to compensation and on

what grounds. The Complainant must show what urgency for an

order U/Sec 143A is and that accused prima facie has no defence.

The Complainant must also explain how the liability for the cheque

amount has arisen. The Complaint, is not mentioned as to how and

when the amount was disbursed to the accused except alleged

documents.
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3. It is further submitted that there was no demand made by the

Complainant from after issuance of processes of the case. Without

giving particulars of the interest calculated, the complainant

praying for compensation.

4. It is further submitted that complainant cannot be given

compensation on mere asking. The Complainant must show that

accused received the amount and how the complainant has

calculated the liability.

5. It is further submitted that the Hon’ble court has wide discretion to

direct payment of compensation depending upon the facts in each

case. The Hon’ble court must consider the defence of the accused

and the original amount allegedly paid to the accused.

6. The application filed by the complainant is belated stage, the

accused pleaded not guilty, complainant has filed his evidence by

way of affidavit as per the provision of Sec 145(1) of N.I. Act, and

matter is kept for cross of the complainant. Hence this application

is not maintainable at this stage.

7. The complainant must also satisfy the court by producing the

Government Gazette about the date of coming into the operation of

the amended section 143-A

8. The accused is from middle class family and unable to pay any

amount to the complainant.


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9. It is submitted that to support the contentions urged by the

Complainant in the said application, no any supporting affidavit

has been filed by the complainant.

10. It is submitted that the averments and statements, made in the

said application dated ____________ are not verified on solemn

affirmation by the Complainant/ no verification clause below the

application dated _____________. In the present case the

complainant not shown his willingness to execute the bond for

same amount or to give Bank Guarantee for the said amount.

11. It is further submitted that in the peculiar facts and

circumstances of the case, the application filed by the Complainant

deserves to be rejected.

12. It is humbly prayed that the application filed by the Complaint

may be rejected.

And for this Act of Kindness the Accused shall ever pray.

MUMBAI
DATE: ____________

Advocate for Accused

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