Application For Recalling an Order
Recall Application seeks to set aside the order based on procedural grounds.
IN THE HON’BLE COURT OF AMIT AHLAWAT, LD. JMFC,
DISTRICT GURUGRAM, HARYANA
NACT NO. 1111 OF 2024
IN THE MATTER OF:
Sumit Kumar …………….Complainant
VERSUS
National Trading Co. …………..Accused
N.D.O.H.: 15.01.2025
APPLICATION ON BEHALF OF HARSH SHARMA ACCUSED NO. 2 FOR RECALLING /CANCELLATION OF ORDER DATED 20.09.2024 AND ORDER DATED 06.10.2024
MOST RESPECTFULLY SHOWETH: –
- That the complainant had filed the above captioned complaint under section 138, OF N.I. ACT, 1881 and is pending adjudication before this Hon’ble court.
- That the Hon’ble court was pleased to issue NBW’s on 20.09.2024 and to initiate process under section 82 CR.P.C. on 06.10.2024.
- That the accused no. 2 was out of station for the business work and in earlier proceedings the bailable warrant was served through his house help and she never talked about the warrant to the accused.
- That it is pertinent to mention here that the accused is suffering from various medical conditions and due to checkup and other treatment for which the respondent/accused could not appear before this Hon’ble court.
- That the respondent/accused originally belongs to Rajasthan and he has no access to have any remedy either or to contest the case diligently.
- That due to the medical conditions of the accused, the Applicant was unable to come and appear before this Hon’ble court on both the above-mentioned date as well as in the last date of hearing.
- That the applicant is willing to participate in the proceedings as per the direction of this Hon’ble court.
- That the applicant is a law-abiding citizen of India and was due to above mentioned difficulty in his family, the applicant was unable to come and appear before this Hon’ble court on prior proceeding dates.
PRAYER:-
For the reasons stated herein above, it is, most respectfully submitted that the order of NBW’s dated 20.09.2024 and order dated 06.10.2024 for initiated process under section 82 CR.P.C. may kindly be recalled /cancelled as the applicant is ready to and willing to participate in the proceedings till the matter is resolved,
Any other order /orders as passed by this Hon’ble court, in the interest of justice, equity and fair trial.
PRAYED ACCORDINGLY.
DELHI
DATED:
APPLICANT
THROUGH
ADVOCATE(S)
