Order 11

Order Details: COPY OF ORDER
Pdf Text: 54 CC NI ACT 2080/2023 RAMESH CHAND Vs. KIRAN KUMAR /0 ()
16.04.2026
Present: Mr Prateek Sharma and Ms Urveshi Sharma, Ld counsel for the complainant
with complainant.
Accused in person.
Mr Divyapal Singh, Ld counsel for the accused
Matter is at the stage of framing of notice/furnishing of bail bonds.
NBWs issued against the accused received back unexecuted. Report perused. An
application for cancellation of NBWs moved on behalf of accused is pending adjudication.
Submissions heard. Record perused.
It is submitted that accused could not appear due to some tragedy in his family. It
is prayed that NBW issued against accused be cancelled. It is stated that non-appearance was
neither deliberate nor intentional and that he undertakes to be careful in future. Heard. Record
perused.
Considering the submissions and in the interest of justice, NBW issued against
accused is hereby cancelled subject to furnishing of bail bonds.
Bail bonds furnished. Same are accepted.
Notice of accusation has been served upon the accused, to which accused pleaded
not guilty and claimed trial. His 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 plea of defence taken by the accused, 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 on 12.08.2026.
(Navdeep Gupta)
JMFC (NI Act-02)/Central
THC/Delhi/16.04.2026
-- 1 of 1 --