Interim Order 8

Order Details: COPY OF ORDER
Pdf Text: 19 CC NI ACT / 950/2024 Hariom Garg Vs. M/s Rudra Buildwell Projects Private Limited
111/2024 (Karol Bagh)
20 CC NI ACT / 2097/2024 Hariom Garg Vs. M/s Rudra Buildwell Projects Private Limited
21.01.2026
Present: Ld counsel for the complainant.
Accused No. 1 is a company.
Accused No. 2 with Ld counsel.
None for the accused No. 3 & 4.
Matter is at the stage of framing of notice/furnishing of bail bonds qua accused
No.1 & 2 and for appearance of remaining accused No. 3 & 4.
Bail bonds furnished on behalf of accused no. 2. Same are accepted till the
NDOH with directions to furnish additional surety amount of Rs 40,000/-each.
Notice of accusation has been served upon the accused No 1& 2, to which
accused persons pleaded not guilty and claimed trial. Plea of defence has also been recorded
separately. Admission & denial done. Therefore, witness no. 2 & 3 stand dropped from the list
of witnesses on account of admission by accused.
Considering the detailed defence taken by the accused, plausible defence has
been raised for which an opportunity for cross-examination of the complainant is fit to be given
to the accused u/s 145(2) NI Act. The need for filing a formal application stands dispensed with.
In these circumstances, in view of the second proviso to section 143 (1) of the NI
Act, instead of being tried summarily, this case shall now be heard as a summons trial case.
Ld counsel for the complainant has filed affidavit in support of the address of the
accused No. 3. However, fresh address qua accused No. 4 is stated to be not traceable. Affidavit
is taken on record. Perused.
Ld counsel for the complainant requests that summons be issued against the
accused no. 4 on the available addresses and in case, the same remains unserved, he will drop
the proceedings qua the accused No 4.
Let fresh summons be issued to the accused No.3 & 4 through DCP concerned on
filing of PF/RC/AD for the NDOH. Service be also affected dasti as well as on the email,
WhatsApp message(s) and text message of accused person(s), as provided by the complainant
and further subject to filing of affidavit of service. PF be filed within one month.
Be put up for further proceedings on 17.04.2026.
(Navdeep Gupta)
JMFC (NI Act-02)/Central
THC/Delhi/21.01.2026
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