Scribd
Upload
359 views

Application under Section 148(3)

Uploaded by

Chandana D Reddy
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
359 views

Application under Section 148(3)

Uploaded by

Chandana D Reddy
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
You are on page 1/ 4

IN THE COURT LXXIII ADDITIONAL CITY CIVIL AND SESSIONS

JUDGE, MAYOHALL AT BENGALURU (CCH-74)

CRIMINAL APPEAL No. 25204 of 2024

BETWEEN:

CHANDRALEKHA H …Appellant

AND

M VENKATESHAN …Respondent

APPLICATION UNDER SECTION 148(3) OF THE NEGOTIABLE


INSTRUMENT ACT, 1881

The Respondent respectfully submits that as follows:

For the reasons stated in the annexed affidavit, it is


prayed that this Hon’ble Court be pleased to order for
release of 20% amount deposited by the Appellant i.e., a
sum of Rs.3,32,400/- (Rupees Two Lakhs Eighty Thousand
Only) in favour of the Respondent, which was deposited as
per the order of this Hon’ble court by the Appellant in the
above Appeal, in the interest of Justice and Equity.

Place: Bangalore
Date: 11/07/2024 ADVOCATE FOR RESPONDENT
IN THE COURT LXXIII ADDITIONAL CITY CIVIL AND SESSIONS
JUDGE, MAYOHALL AT BENGALURU (CCH-74)

CRIMINAL APPEAL No. 25204 of 2024

BETWEEN:

CHANDRALEKHA H …Appellant

AND

M VENKATESHAN …Respondent

AFFIDAVIT

I, Mr. Venkateshan. M, S/o. Late. Sri. Margabandu, Aged


about 59 years, Residing at No. 325, 2ND Floor, Ullasappa
Circle, Kammanahalli, Bangalore- 560084, do hereby solemnly
affirm and state on oath as follows:

1. I submit that I am the Respondent in the above case


and I am well conversant with the facts of the case,
hence I am swearing to this affidavit.

2. I state that the Appellant/Accused was acquainted with


me for more than 25 years as such the
Appellant/Accused had requested me a sum of Rs.
15,00,000/- (Rupees Fifteen Lakhs Only), for financial
assistance in constructing a building for her own
purpose and promising me that the Appellant/Accused
will repay the same within time.

3. I state that in spite of several requests and demands


made by me, the Appellant/Accused did not choose to
repay the said amount to me as promised by her.

4. I state that, I had filed a complaint against the


Appellant/Accused before the Hon’ble XXXIV Addl. Chief
Metropolitan Magistrate, Mayo Hall Unit, Bengaluru
(ACMM-34) in C.C. No. 55818 of 2022. The Hon’ble court
examined all the facts, circumstances and evidence put
forth by both parties and ordered in my favor,
allowing the said complaint and convicting the
Appellant/Accused to pay fine of Rs. 15,12,000/-
(Rupees Fifteen Lakhs Twelve Thousand Rupees Only), in
default to undergo simple imprisonment for 6 months
and out of Fine amount, Rs. 16,57,000/- (Rupees
Sixteen Lakhs and Fifty- Seven Thousand Only) is to be
paid to the Respondent/ Complainant as compensation.

5. I state that subsequently the Appellant/Accused has


approached this Hon’ble Court on Criminal Appeal No.
25204 of 2024 challenging the findings and order of
the Hon’ble Court. This Hon’ble Court has ordered the
Appellant/Accused to deposit 20% of Rs. 14,00,000/-
(Rupees Fourteen Lakhs Only) i.e., Rs.2,80,000 (Rupees
Two Lakhs Eighty Thousand Only). I further state that
the Advocate for Appellant/Accused on 22/2/2023 in
this court has stated that the 20% amount has been
deposited and the memo and document stating the same
is not furnished.

6. Deposited 1,50,000/- bearing DD No. 056633 on


07.05.2024 to the Trial Court as an interim
Compensation of 10% of Cheque Amount

7. I state that, I am in urgent need of the


aforementioned amount, as there is medical emergency.
The entirety of the sum that was set aside for my
medical expenses was given to the Appellant/Accused.
My Health will be affected if this amount is not
released. The aforementioned sum is released in my
favor my health shall have a life, if not I have no
other means to pay for my medical expenses, the loss
caused cannot be compensated in any monetary sum.

8. I state that this Hon’ble Court may impose any


conditions on me with respect ordering the withdrawal
of the 20% deposit amount. I will obey the order of
this Hon’ble Court with upmost gratitude and without
fail.
9. I state that, if the annexed application is not
allowed, grate injustice, hardship, irreparable loss
and inconvenience will be caused to me, on the other
hand, no prejudice will be caused to the accused if
the annexed application is allowed.

WHEREFORE, I pray that this Hon’ble Court may be pleased to


allow the accompanying application in the interest of
Justice and Equity.

VERIFICATION

This is my name and signature, the contents in the above


paras are true and correct to the best of my knowledge,
belief, and information.

IDENTIFIED BY ME

ADVOCATE DEPONENT

PLACE: BENGALURU
DATED: 11.07.2024

You might also like