Interim Order 10

Order Details: COPY OF ORDER
Pdf Text: 33 CC NI ACT 4569/2023
SH. DHARMENDRA KUMAR Vs. SH. MOHIT SHARMA
03.02.2026
Present: Ld. Counsel for the complainant along with complainant.
Ld. Counsel for the accused along with accused
Matter is fixed for filing of reply to the applicaton u/s 145(2) NI Act.
Ld. counsel for the complainant submits that the complainant has no objection in
case, the said application of the accused is allowed orally.
Heard.
In view of the submissions made by both the parties, it appears that the accused
has a valid and plausible defence and must be given an opportunity to cross examine the
complainant and his witnesses. Accordingly, the request of the accused under section 145 (2) of
NI Act is hereby, allowed.
Considering the nature of the evidence, the cheque amount in question in the
present case, I am of the opinion that a sentence of imprisonment for a term exceeding one year
may have to pass and it is undesirable to try the present case summarily and therefore, the
present case shall be tried as a summon case under Chapter XX of Cr.P.C.
Put up for CE on 20/05/2026.
Both the parties and their counsels are directed to remain physically present on
the NDOH in court no. 207 Extension Block, THC, Delhi.
(Surbhi Gupta Anand)
JMFC (NI Act) -08,
Central, THC, Delhi 03.02.2026
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