Order 5

Order Details: COPY OF ORDER
Pdf Text: 48 CC NI ACT 5850/2023
VINAYAK REMEDIES LIMITED Vs. SAHIL MEDICAL
AGENCIES
13.05.2025
Proceedings conducted online through VC using Cisco Webex as well
as through Hybrid Mode.
Present : Mr. Shubham Gupta, Ld. counsel for the
complainant through V.C.
Mr. Pawan Kumar, Ld. Counsel for the accused with
accused.
Matter is listed for furnishing bail bonds / framing of
notice.
Copy of the paper book already supplied to the accused,
duly acknowledged by the accused.
In the opinion of this Court, there is a prima-facie case
against the accused for offence punishable under Section 138 N.I. Act
and the contentions of defence can only be decided by way of trial.
Particulars of the offence and substance of accusation U/s 251 Cr.P.C
have been stated to the accused who has pleaded not guilty and
claimed the trial. Plea of defence of accused side also recorded in
view of the judgment of the Hon’ble High Court of Delhi in Rajesh
Aggarwal and another Vs. State, 171 (2010) DLT 51.
At this stage, admission/denial of documents under
Section 294 Cr.P.C. has been conducted. Statement of accused
separately recorded. Consequent to admission and denial, concerned
manager/bank officials of both the complainant’s and accused’s bank
stand dropped from the list of witnesses.
Since the address on the legal notice is accepted to be
correct address by the accused and as per the tracking report the
consignment was delivered on the address mentioned on the envelop
containing legal notice, the official of the postal department also
stands dropped.
(Meena Chauhan)
Judicial Magistrate, First Class
(N.I. Act), Digital Court-03,
Central, THC,Delhi/13.05.2025
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Ld. Counsel for the accused has made an oral request
that he be allowed to cross examine the complainant in view of section
145 (2) of N.I. Act. This request is not opposed by Ld. Counsel for
the complainant. In view of the plausible defences disclosed by
accused in notice U/s 251 Cr.P.C, this Court is inclined to examine the
complainant evidence and to grant opportunity to the accused side to
cross-examine the complainant evidence. Therefore, on the oral
request of the accused, plea of accused under Section 145(2) N.I. Act
is 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
be passed and it is undesirable to try the present case summarily and
therefore, the present case shall be tried as a summons case under
Chapter XX of the Cr.P.C.
Some more time is requested for furnishing bail bonds.
Let the bail bonds be furnished on or before the NDOH.
Complainant is directed to deposit the original complaint
and documents on NDOH.
List the matter for furnishing bail bonds / CE on
19.08.2025.
The order be uploaded as per rules.
(Meena Chauhan)
Judicial Magistrate, First Class
(N.I. Act), Digital Court-03,
Central, THC,Delhi/13.05.2025
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