Order 6

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 16 CC NI ACT 2964/2024
Rakesh Arora Vs. Rahul Madhusudhan Thosar
24.02.2026
VC of this court is not working today.
Regular Stenographer of this court is on leave today.
Present: Sh. Mirtunjay Singh, Ld. Counsel for complainant.
Accused in person.
Sh. Mohd. Mujmmil and Ms. Kusum , Ld. Counsels for accused.
It is submitted by accused side that they have not received the copy of
complaint and annexures. Complainant is directed to supply the same to accused
side before the next date of hearing on the Mobile No. 9582381198.
At this stage, the court has assisted in framing of notice.
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 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 three witnesses
cited at serial no. 3,4 & 5 in list of witnesses by complainant for same stand dropped
from said list.
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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.
Accused submits that he resides at the address furnished on
30.01.2026.
At request last and final opportunity is given to the accused to furnish
his bail bonds of Rs. 1,00,000/-.
Both the parties submit that there is no possibility of settlement.
Put up for furnishing of surety/CE on 22.09.2026.
(URVI GUPTA)
J.M.F.C.-01(N.I.Act)/Central,
THC/Delhi/24.02.2026
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