Order 4

Order Details: COPY OF ORDER
Pdf Text: 30 CC NI ACT / 5872/2024
Dandona Finance Ltd Vs. Ashok Kumar Bhagat
16.05.2025
Present: Sh. A. K. Jha with Sh. B. K. Mishra, Ld. Counsel for the complainant with AR for
the complainant.
None for accused.
BWs issued against the accused received back executed.
Be awaited till 12:30 p.m.
At 1:00 p.m.
Present: Sh. A. K. Jha with Sh. B. K. Mishra, Ld. Counsel for the complainant with AR for
the complainant.
Accused with Ld. Counsel, Sh. Gagan Wadhwa.
Vakalatnama is filed on behalf of accused. Taken on record.
It is submitted by accused side that they have received the copy of complaint and
annexures.
Offence being bailable, accused is admitted to bail subject to furnishing of personal
bonds in the sum of Rs. 35,000/ with one surety of like amount. At this stage, the accused seeks
some time to furnish surety. Personal bonds furnished considered and accepted till the next date of
hearing.
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 recorded separately.
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.
At this stage, Admission/denial of documents by the accused under Section 294 Cr.
P.C. recoded separately. On the basis of the same, the one witness cited at serial no. 3 in list of
witnesses by complainant for same stands dropped from said list.
This court further does not deem it appropriate/ desirable to try the case summarily
since sentence for imprisonment exceeding one year may have to be passed, if the trial results in
conviction, therefore, this case would be tried as summons trial case.
Accused is directed to appear in person with surety on NDOH.
Be put up for furnishing surety/ CE/ further proceedings on 02.08.2025.
(ARADHANA)
J.M.F.C.01(N.I.Act)/Central,
THC/Delhi/16.05.2025
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