Order 9

Order Details: COPY OF ORDER
Pdf Text: 28 CC NI ACT 6996/2023 DINESH KUMAR BAGRI Vs. SONIA
02.08.2025
Proceedings conducted online through VC using Cisco Webex as well
as through Hybrid Mode.
Present : Mr. Manoj Kumar, Ld. counsel for the complainant
through V.C.
Mr. Akash Gupta, Ld. Counsel for the accused along
with accused through V.C.
Matter is at the stage of framing of notice.
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, witnesses at
serial No. 2 and 3 of the list of witnesses are dropped from the list of
witnesses.
The notice was framed against the accused virtually. The
notice framed along with the statement u/s 294 Cr.P.C. has been
emailed to the accused on the email ID provided by him which is
solikash92@gmail.com.
The accused is directed to sign the same and send it back
to the email ID of this court today itself.
(Shubhamjot Kaur Rakhra)
Judicial Magistrate, First Class
(N.I. Act), Digital Court-03,
Central, THC,Delhi/02.08.2025
-- 1 of 2 --
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. 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.
It is jointly submitted by both the parties that there are
chances of settlement in the present matter.
At joint request of both the parties, matter is referred to
mediation for 18.08.2025 at 12:00 PM.
In case the mediation fails, matter be listed for C.E. on
24.11.2025.
Both the parties are directed to appear in person in Court
Room No.205, Second Floor, Extension Block, Tis Hazari Courts,
Delhi without fail and also ensure the presence of their respective
counsels.
The order be uploaded as per rules.
(Shubhamjot Kaur Rakhra)
Judicial Magistrate, First Class
(N.I. Act), Digital Court-03,
Central, THC,Delhi/02.08.2025
-- 2 of 2 --