Full Order Text
Order 4 · 16 May 2025 · CNR DLCT020122932024
Order Details: COPY OF ORDER Pdf Text: 29 CC NI ACT / 4522/2024 Shamim Akhtar Vs. Mohd Amir 16.05.2025 Present: Sh. Mehroz Alam, Ld. Counsel for the complainant with complainant. Surety Adiba Malik in person. Accused with Ld. Counsel, Sh. Abid Hussain & Sikander Ali. Vakalatnama is filed on behalf of accused. Taken on record. An application has been moved on behalf of accused for cancellation of BWs issued against the accused. Same is considered. In view of the facts mentioned in the application, BWs issued against the accused stands cancelled. Offence being bailable, accused is admitted to bail subject to furnishing of bail bond/ surety bond in the sum of Rs. 40,000/ with one surety of like amount. Same is furnished considered and accepted. 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 is also recorded. 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. Admission/denial of documents by the accused under Section 294 Cr. P.C. recoded separately. On the basis of the same, the two witnesses cited at serial no. 2 & 3 in list of witnesses by complainant for same stands dropped from said list. At this stage, after little interaction with both sides there appears to be ample chances of settlement in this matter. With consent of both sides, be put up before Mediation Cell on 03.06.2025 at 2:00 pm and returnable to this court on 31.07.2025. Ahlmad is directed to send file to Mediation Cell well in time. Be put up for CE/ further proceedings on 31.07.2025. (ARADHANA) J.M.F.C.01(N.I.Act)/Central, THC/Delhi/16.05.2025 -- 1 of 1 --