Interim Order 5

Order Details: COPY OF ORDER
Pdf Text: 21 CC NI ACT / 1752/2024
Dcb Bank Ltd Vs. Praveen
18.09.2025
Present: Ms. Prerna Sharma, Proxy Counsel for the complainant.
Accused with Ld. Counsel, Sh. A. N. Singh.
Vakalatnama is filed on behalf of accused. Taken on record.
Accused submits that has has not received the copy of the
complaint along with other documents. Complainant is directed to supply the
same on the no. 8595694940.
At this stage, the court has assisted the accused in framing of
notice.
At 12:30 PM
Present: Ms. Prerna Sharma, Proxy Counsel for the complainant.
Accused with Ld. Counsel, Sh. A. N. Singh.
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, oral prayer for cross examination of complainant
witness made by the accused. Keeping in mind the legislative intent as
incorporated in Section 145(2) NI Act and the defence disclosed by the accused
in his plea of defence, the court is of the view that accused is having sufficient
ground to cross examine the complainant. Accordingly, oral prayer for cross
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examination of complainant witness of the accused is hereby allowed.
At this stage, Admission/denial of documents by the accused under
Section 330 BNSS recoded separately. On the basis of the same, the two
witnesses cited at serial no. 2 & 3 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 passed, if the trial results in conviction, therefore, this case would be tried as
summons trial case.
Offence being bailable, accused is admitted to bail subject to
furnishing of personal bonds in the sum of Rs. 10,000/- with one surety of like
amount. At this stage, the accused seeks some time to furnish surety. Personal
bonds furnished considered and accepted till the next date of hearing.
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 10.11.2025
at 2:30 pm and returnable to this court on 26.02.2026.
Ahlmad is directed to send file to Mediation Cell well in time.
Be put up for settlement, if any/ CE on 26.02.2026.
(URVI GUPTA)
J.M.F.C.-01(N.I.Act)/Central,
THC/Delhi/18.09.2025
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