Application For Cancellation Po Deepak Sharma

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IN THE COURT OF SH. DEEPAK KUMAR-I, LD.

ACMM,
ROHINI COURTS, DELHI

IN THE MATTER OF:

STATE VS DEEPAK SHARMA


FIR NO. 105/2018
U/S 420/406 IPC
P.S. MAURYA ENCLAVE

APPLICATION FOR CANCELLING/SETTING ASIDE THE PO


ORDER UNDER SECTION 82 OF CR.PC VIDE ORDER
DATED 03.03.2022 AGAINST THE APPLICANT/ACCUSED
DEEPAK SHARMA.

MOST RESPECTFULLY SHOWETH:

1. That the applicant/accused is a law abiding and peace-loving

citizen of India and have full faith in the administration of

law.

2. That the applicant /accused has been falsely implicated in the

present case and the accused has nothing to do with the

alleged offence.

3. That the complainant in the above-mentioned FIR and the

applicant/accused were known to each other and having

financial transactions between them.


4. That the complainant filed three complaint cases against the

applicant/accused under section 138 NI Act which are

pending before the Hon’ble court of Sh. Vaibhav Chaurasia,

Ld.MM, Rohini Court, Delhi which are fixed for 02.09.2022

and 14.10.2022 respectively.

5. That the applicant/accused has been regularly appearing in all

the above-mentioned complaint cases and contesting all the

cases as the same has been filed on the basis of false and

vague ground.

6. That the applicant/accused is a teacher by profession and he

use to teach chemistry subject to the students of higher

secondary school and NEET/JEE aspirants. It is pertinent to

mention here that being a teacher the applicant/accused

understands the social and moral responsibility and he is a

responsible citizen of India.

7. That the present FIR has been registered with collusion of

police officials of PS MAURYA ENCLAVE as the contents


of the FIR itself discloses the facts that does not amounts to

any sort of criminal action.

8. That the applicant has been in touch with the complainant

even prior to registration of the present FIR as the applicant

had filed the above-mentioned complaint cases prior to

registration of the present FIR.

9. That the IO of the case recently went to the permanent

address of the applicant which he obtained from the

complaint cases under section 138 NI Act, as the same has

been filed by the applicant during the pendency of the

complaint case. It is pertinent to mention here that the

applicant/accused came to know about the present

complaint/FIR only when the IO last visited to his permanent

address.

10.That after the recent visit of the IO to the permanent address

of the applicant/accused, applicant/accused found out the

details in respect of the present FIR and the applicant came to

know that the present FIR has been registered in the year
2018. It is pertinent to mention here that since the filing of

the complaint with the police station the IO never contacted

or tried to trace out the applicant but IO intentionally and

deliberately with the connivance of the complainant got

issued the NBW’s and initiated the proceedings under section

82 Cr.PC just to get declare the applicant/accused PO. It is

further pertinent to mention here that the complainant knew

everything about the applicant/accused and he is also having

the contact number of the applicant/accused and moreover

the applicant/accused use to appear in the complaint cases

filed by the complainant.

11.That the applicant/accused is not absconding in the present

FIR, in fact the applicant/accused was not even aware about

the registration of the present FIR against him.

12.That it is pertinent to mention here that the IO and process

server did not provide the actual and real facts in their report

before the Ld. Predecessor of this Hon’ble court and in this


way both of them misguided the Ld. Predecessor of this

Hon’ble court just to get declare the applicant PO.

13.That since the day one of the complaint filed by the

complainant to the police station the complainant was very

much aware about the phone number and address of the

applicant as the complainant and applicant/accused earlier

known to each other through one of the colleague teacher

friends of the applicant, therefore under these circumstances

the absconding of the applicant is impossible but on the

contrary its purely a conspiracy against the applicant/accused

just to get him declared PO.

14.That the Ld. Predecessor of this Hon’ble court was misguided

by the IO of the case just to get the applicant declare PO and

resultantly the Ld. Predecessor of this Hon’ble was pleased to

declare the applicant PO vide its order dated 03.03.2022.

15.That the applicant/accused is not a previous convict nor

having the criminal background and has clean and clear

antecedents.
16.That the applicant/accused is ready to join the investigation

as and when required by the investigation agency and non-

appearance of the applicant/accused in the present case is

neither deliberately nor intentional but due to the reason

mentioned above.

PRAYER:

It is, therefore, most respectfully prayed that the Hon’ble Court

may kindly be pleased to allow the present application of the accused

and order to drop the proceedings u/s 82/83 Cr.Pc and cancel the PO

declaration order of dated 03.03.2022, in the interest of justice.

Delhi Applicant/Accused

Dated Through
DARSHAN SINGH & ASSOCIATES
IN THE COURT OF SH. DEEPAK KUMAR-I, LD. ACMM,
ROHINI COURTS, DELHI

IN THE MATTER OF:

STATE VS DEEPAK SHARMA


FIR NO. 105/2018
U/S 420/406 IPC
P.S. MAURYA ENCLAVE

INDEX

S.NO. PARTICULARS PAGES C.FEE

1. Application for
Cancelling/Setting Aside
the PO Order Under Section
82 Of Cr. Pc Vide Order
Dated 03.03.2022

2. Copy of the complaint


cases under section 138
filed by the complainant
against the
applicant/accused

3. Vakalatnama

Delhi Applicant/Accused

Dated Through
DARSHAN SINGH & ASSOCIATES

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