Full Order Text
Order 12 · 03 Sept 2026 · CNR DLCT020016072024
Order Details: COPY OF ORDER Pdf Text: 6 Cc NI ACT 950/2024 Hariom Garg Vs. M/S Rudra Buildwell Prijects P Ltd. 111/2024 (Karol Bagh) CNR No: DLCT020016072024 8 Cc NI ACT 2097/2024 Hariom Garg Vs. M/s Rudra Buildwell Projects Private Limited / () CNR No: DLCT020051922024 VC of this court is not working due to internet connectivity issues. 03.09.2026 Present: Complainant with Ld counsel. Accused No. 1 is a company. Accused No.2 absent. Accused no. 3 in person. Ld counsel for the accused persons. Proceedings qua accused no. 4 have been dropped. Matter is at the stage of appearance of accused no.3. Ld counsel for the accused submits that the accused no. 2 is appearing through VC, however, VC of this court is not working today due to internet connectivity. Hence, accused no. 2 is exempted from his personal appearance for today only. Process u/s 82 CrPC issued against the accused No. 3 received back executed. Report perused. Fresh vakaltnama has been filed on behalf of accused No.3. Same is taken on record. An application for cancellation/recall of the NBWs/process u/s 82 CrPC moved on behalf of accused No.3. Copy supplied. It is submitted that accused No. 3 could not appear as he did not receive the process of the court. It is prayed that NBW/process u/s 82 CrPC issued against accused No.3 be cancelled. It is stated that non-appearance was neither deliberate nor intentional and that he undertakes to be careful in future. Ld counsel for the complainant has objected to the same. Heard. Record perused. Considering the submissions and in the interest of justice, NBW/process u/s 82 CrPC issued against accused No. 3 is hereby cancelled subject to payment of cost of Rs 5000/- ( in each cases) as well as furnishing of bail bonds. Bail bonds furnished. Same are accepted. Time has been sought to pay the cost. Allowed. Notice of accusation has been served upon the accused No.3, to which accused pleaded not guilty and claimed trial. His plea of defence has also been recorded separately. Admission & denial done. Considering the plea of defence taken by the accused No.3, it is clear that 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. Be put up for CE/payment of cost on 18.11.2026. (Navdeep Gupta) JMFC (NI Act-02) Central/THC, Delhi 03.09.2026 -- 1 of 1 --