Interim Order 11

Order Details: COPY OF ORDER
Pdf Text: 7 CC NI ACT 452/2023
INDUSIND BANK Vs. M/S BROWN BIRD ENTERPRISES PRIVATE LIMITED
Proceedings conducted through Video Conferencing via CISCO Webex app.
03.09.2025
Present: Sh. Suraj Chaudhary, Ld Counsel for the complainant.
Sh. Vishnu Dutt, Ld. Counsel for the accused alongwith accused no.2 and
accused no. 3 through VC.
Accused no. 1 is a company.
Accused no. 3 is absent.
Previous cost of Rs.1500/- has been paid to the complainant today.
Bail bonds have not been furnished by accused no. 2 and 3.
One further opportunity is granted to the accused persons to e-file the same,
failing which adverse action shall be taken against them.
Copy of complaint and documents is acknowledged by the Ld. counsel for the
accused persons.
Notice u/s 251 Cr.P.C framed against accused no.1,2 and 3 to which they pleaded
not guilty and claimed trial. Admission / denial of documents u/s 294 Cr.P.C have been
recorded separately. Same be uploaded on LAYERS.
In view of admission and denial, witness cited at Sr. no.2 and 3 are hereby
dropped from the array of witnesses as per the list of witnesses filed by the complainant.
Ld. Counsel for accused has made oral submissions for the application u/s 145(2)
NI Act. Not opposed by Ld. Counsel for complainant.
Accordingly, application u/s 145(2) NI Act stands allowed.
This court is of the view that a sentence for imprisonment exceeding one year
may have to be imposed, if the trial results in conviction. Thus, this court does not deem it
appropriate to try the case summarily and hence, the present case shall be tried as a summons
triable case.
In view thereof, let the matter be referred to mediation.
Complainant is directed to appear before the court physically today to sign the
mediation referral form.
Both the parties are directed to appear before the Mediation Centre, Tis Hazari
Court, on 11.09.2025 at 12 noon.
Put up for report on settlement/CE/further proceedings on 13.01.2026.
Parties are directed to appear in person for recording of evidence in the Court no.
205, Second Floor, Extension Block, Tis Hazari Courts on NDOH.
(Aradhana)
JMFC (NI Act) Digital Court – 04
Central, Tis Hazari Court, Delhi/03.09.2025
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