Interim Order 5

Order Details: COPY OF ORDER
Pdf Text: (Garima Garg)
JMFC(NI Act)-08,
Central/ THC/ Delhi/07/09/2026
56 CC NI ACT / 7771/2025
M/s Texor Energy Pvt Ltd Vs. VIKRANT (Proprietor M/s Sun Energy India Enterprises)
07.09.2026
Present: Ld. Counsel for the complainant.
Sh. Vishal, Ld. Counsel for the accused along with accused.
Matter is fixed for framing of notice and furnishing of surety bonds.
Fresh vakalatnama has been filed on behalf of the accused. Same is taken on record.
Bail bond furnished. Considered and accepted. Original RC be retained. Let intimation be
sent to the RTO concerned. Robkar be issued.
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.
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 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 19/09/2026 at 02:00 p.m.
Put up for report on mediation / CE, if not settled, on 06/01/2027. Ahlmad is directed to
send the requisite record duly in time to the Mediation Cell.
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