Order 4

Order Details: COPY OF ORDER
Pdf Text: 24 CC NI ACT 4791/2024
Shri Sanjay Kumar Suman Vs. Shri Santosh Gupta
11.11.2025
Today undersigned is also working as Duty JMFC.
Present: Sh. Rakesh Kumar, Ld. Counsel for complainant through VC.
Complainant in person.
Accused in person.
Ms. Kanishka Negi, Ld. Proxy Counsel for accused.
Previous cost of Rs. 1,000/- imposed on the accused is paid today.
It is submitted by accused side that they have not received the copy of
complaint and annexures. Complainant is directed to supply the same to accused
side before the next date of hearing on the no. 7011047310.
Offence being bailable, accused is admitted to bail subject to
furnishing of personal bonds in the sum of Rs. 20,000/- with one surety of like
amount. At this stage, the accused seeks some time to furnish surety.
At this stage, court has assisted the accused in framing of notice.
Heard on notice. On a perusal of the complaint and supporting
documents, this court is of the opinion that there are sufficient grounds to frame
notice against the accused and proceed to trial. The factum of issuance & dishonour
of cheque in question, the service of legal demand notice, failure of payment despite
demand, liability and cumulative effect thereof culminating into an offence U/s 138
NI Act have been explained to the accused in vernacular. The attention of the
accused has been drawn to the evidence appearing against him and to each
document relied upon by the complainant.
The plea of defence of accused recorded separately.
At this stage, Admission/denial of documents by the accused under
Section 330 BNSS recoded separately. On the basis of the same, the five witnesses
cited at serial no. 1 to 5 in list of witnesses by complainant for same stands dropped
from said list.
This court further does not deem it appropriate/ desirable to try the
case summarily since sentence for imprisonment exceeding one year may have to be
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passed, if the trial results in conviction, therefore, this case would be tried as
summons trial case.
Considering the defence disclosed by the accused, no purpose shall be
served in keeping the matter for CE. Moreover, no application u/s 145 (2) of NI Act
has been moved on behalf of accused for cross-examination of the complainant’s
witness.
Accordingly, the matter is proceeded in terms of the judgment passed
by the Hon’ble Delhi High Court in
Rajesh Agggarwal Vs. State & Anr. (2010).
The statement of the accused has been recorded u/s 313 Cr.P.C as per
which the accused has expressed his desire to lead evidence. The accused is directed
to file the list of witnesses before the next date of hearing with an advance copy to
the Ld. Counsel for the complainant atleast 5 days before the NDOH.
At this stage, after little interaction with both sides there appears to be
ample chances of settlement in this matter.
With consent of both sides, in view of the ongoing “mediation for the
nation campaign by NALSA”be put up before Mediation Cell on 11.12.2025 at 2:00
pm and returnable to this court on 12.03.2026.
Ahlmad is directed to send file to Mediation Cell well in time.
In case of failure of settlement, accused is directed to bring list of
witnesses if any with advance copy to the opposite side.
Accused submits that he resides at RZC-29A, UGF, Dabri Extension
East, Delhi-45 and his mobile no. is 9310390354.
At request be put up for settlement if any/furnishing of surety/DE on
12.03.2026.
(URVI GUPTA)
J.M.F.C.-01(N.I.Act)/Central,
THC/Delhi/11.11.2025
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