Order 13

Order Details: COPY OF ORDER
Pdf Text: (Garima Garg)
JMFC(NI Act)-08,
Central/ THC/ Delhi/14/07/2026
26 CC NI ACT 4982/2023
PAWAN MITTAL Vs. DHANJAY KUMAR DUBEY
14.07.2026
Present: Sh. Sangram Singh, Ld. Counsel for the complainant along with complainant.
Sh. Rajiv Ranjan, Ld. Counsel for the accused along with accused.
Matter is fixed for consideration of application for cancellation of proceedings u.s
82 Cr. PC.
On account of reasons mentioned in the application and appearance of the
accused, process u.s 82 Cr. PC issued against the accused stands cancelled, subject to cost of Rs.
3,000/- to be paid to the complainant on or before NDOH.
Since the offence is bailable in nature, accused is granted bail for sum of Rs.
5,000/- with one surety of like amount.
Personal bond furnished. Considered and accepted till NDOH.
Ld. Counsel for the accused sought time to file surety bonds. Time granted.
Accused is directed to furnish surety bonds on NDOH.
The address of the accused is 3 Ghachiya, Naya Bazar Samiti, Katihar, Bihar.
Notice u/s 251 Cr. PC framed qua the accused. The same is read over and explained
to the accused in vernacular language. The accused has pleaded not guilty. Statement of defence
recorded. Separate statement u/s 294 Cr. PC recorded. In view of the statement witness at serial
no. 2, 3 and 4 stands dropped.
Ld. counsel for the accused submits that he does not wish to file an application
under section 145 (2) of NI Act and proceed directly to oral arguments.
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
-- 1 of 2 --
(Garima Garg)
JMFC(NI Act)-08,
Central/ THC/ Delhi/14/07/2026
NI Act is hereby, allowed. Accused is dispensed with requirement of filing a formal application
under section 145 (2) of NI Act.
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.
At this stage, it is jointly submitted that there is possibility of settlement between
the parties. In view of this let the matter be referred to Mediation Cell, THC for today itself at
03:00 p.m.
Put up for report on mediation / furnishing of surety bonds / CE, if not settled,
on 03/10/2026. Ahlmad is directed to send the requisite record duly in time to the Mediation Cell.
-- 2 of 2 --