Order 9

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 1 CC NI ACT 7263/2023
CHETAN CHAUHAN Vs MOHIT WADHWA VIKAS SHARMA
10.09.2025
Present: Complainant in person.
Sh. Bharat Singh Tomar, Ld. Counsel for accused alongwith
accused.
A letter has been received from Central Jail 8/9, Tihar to clarify
whether the present accused is on bail or not.
It is further submitted that accused has been released on bail in
other cases.
The present case is a complaint u/s 138 NI Act.
The said offence being bailable in nature, Offence being bailable,
accused is admitted to bail subject to furnishing of bail bond/ surety bond in the
sum of Rs. 15,000/- with one surety of like amount.
Personal bonds are furnished today. Accused seeks time to furnish
surety bonds.
Accused submits that has has not received the copy of the
complaint along with other documents. Complainant is directed to supply the
same on the no. 7982799692.
At this stage, the court has assisted the accused in framing of
notice.
(URVI GUPTA)
J.M.F.C.-01(N.I.Act)/Central,
THC/Delhi/10.09.2025
At 11:30 AM
Present: Complainant in person.
Sh. Bharat Singh Tomar, Ld. Counsel for accused alongwith
accused.
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
-- 1 of 2 --
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 330 BNSS 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.
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 submits that there is no possibility of settlement.
Put up for CE and furnishing of surety (Rs. 15,000) on 03.02.2026.
(URVI GUPTA)
J.M.F.C.-01(N.I.Act)/Central,
THC/Delhi/10.09.2025
-- 2 of 2 --