Order 7

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 17 CC NI ACT / 1436/2024
Umesh Kumar Pandey Vs. Green Bengal
18.08.2025
Present: Sh. Saurabh Pandey, Ld. Counsel for the Complainant. (through VC)
Sh. Vibhor Bagga, Ld. Proxy Counsel for the Accused along with Ms. Gauri
Samanta, accused in person.
Ld. Counsel for the accused submits that he has received the complete set of
documents/complaint.
Ld. Counsel for the accused submits that the accused may be granted bail. Heard.
Since the offence punishable u/s 138 N.I. Act is bailable in nature. Accused is admitted to bail subject
to the condition that he furnishes bail bonds to the tune of Rs.25,000/- with one surety in the like
amount on NDOH. Personal bonds furnished. Accepted till the NDOH, subject to furnishing of
surety / bail bonds on NDOH.
Notice U/S 251 Cr. P.C. has been framed against the accused to which he pleads not
guilty and claims trial.
At this stage, admission/denial of documents under Section 294 Cr.PC done. Accused
person states that he will not dispute the genuineness and correctness of cheque, dishonor memo and
postal/courier receipts.
Separate statement of accused to this effect is recorded.
Hence, one witness cited in list of witnesses by complainant at serial no. 2 dropped
from said list.
Ld. counsel for the accused orally submits that he be permitted to cross examine the
complainant on the next date of hearing.
Keeping in mind the legislative intent as incorporated in Section 145 (2) NI Act and
the defence taken by the accused, this court is of the view that accused is having sufficient ground to
cross examine the complainant. Accordingly, in the interest of justice and in order to give fair
opportunity of trial to the accused cross examination of complainant witnesses by the accused is
hereby allowed.
Complainant is directed to appear physically on the next date of hearing.
List the matter for CE on 23.12.2025.
Parties heard on the aspect of conversion of this case from summary trial to summons
case. Looking at the nature of the case and the defence disclosed by the accused in his notice the
present matter is converted to summons case.
(Arvind Tomar)
JMFC (NI ACT)-07 (Central)/THC
18.08.2025
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