Interim Order 5

Order Details: COPY OF ORDER
Pdf Text: (Aradhana)
JMFC (NI Act) – 09, Central District
Tis Hazari Court, Delhi/05.05.2026
29 CC NI ACT / 4504/2025
Swati Vs. Sanjay Kumar Srivastava
Proceedings conducted through hybrid mode.
05.05.2026
Present: Mr. Birender Kumar, Ld Counsel for the complainant along with complainant.
Mr. Nitin Sharma, Ld. Counsel for the accused along with accused.
Matter received back as unsettled from the Mediation Centre.
Ld. Counsel for the accused seeks further time to furnish surety bonds in the sum of
Rs. 20000/-
Last opportunity is given to the accused for the same, failing which coercive action
shall follow.
Notice u/s 251 Cr.P.C framed against the accused to which he pleaded not guilty and
claimed trial. Admission / denial of documents u/s 294 Cr.P.C of accused has been recorded
separately.
In view of admission and denial, witness cited at Sr. no.2 and 3 are hereby dropped
from the array of witnesses as per the list of witnesses filed by the complainant.
Ld. Counsel for accused has made oral submissions for the application u/s 145(2) NI
Act. Not opposed by Ld. Counsel for complainant.
Accordingly, application u/s 145(2) NI Act stands allowed.
This court is of the view that a sentence for imprisonment exceeding one year may
have to be imposed, if the trial results in conviction. Thus, this court does not deem it appropriate
to try the case summarily and hence, the present case shall be tried as a summons triable case.
At this stage, Ld Counsel for the complainant submits that the accused is not residing
at the address stated by him during the framing of notice.
Submission heard. File perused.
Perusal of order sheet dated 29.05.2025 shows that some other address was given by
the accused on that date.
Accordingly, accused directed to furnish an affidavit stating his current and
permanent address on or before NDOH.
List for furnishing of surety and CE on 11.08.2026.
Date is given as per convenience of both the parties.
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