Interim Order 6

Order Details: COPY OF ORDER
Pdf Text: CC NI ACT / 9480/2025
DHRUVA KUMAR GUPTA Vs. JAY PRAKASH GAUTAM
06.05.2026
Present : Ms. Raksha Sharma, Ld. Counsel for complainant.
Mr. Kunik Aggarwal, Ld. Proxy counsel for accused
alongwith accused in person.
Since, the offence is bailable in nature accused is admitted to
bail subject to furnishing of bonds in the sum of Rs. 10,000/- and the surety
in the like amount.
Surety bonds not furnished.
Ld. Counsel for accused is directed to furnish the surety
bonds on or before NDOH.
Notice u/s 274 BNSS has been framed and served against the
accused to which he has pleaded not guilty and claimed trial.
Defence of the accused has also been recorded today.
Considering the nature of evidence, the cheque amount in
question in present case, this court is of the opinion that a sentence of
imprisonment for a term exceeding one year may have to be passed and it is
undersirable to try the present case summarily and therefore, the present
case shall be tried as a summons case
Admission / denial of the documents u/s 330 BNSS has been
conducted today. Accordingly, witnesses at serial no. 2, 3, 4 and 5 are
hereby dropped.
Separate statement of the accused has also been recorded.
Accused seeks sometime for filing application u/s 145(2) NI
Act. Let advance copy of the said application be supplied to the complainant
at least two days before the next date of hearing.
Ld. Counsel for the complainant submits that he has no
objection if accused is given an opportunity to cross-examine the
complainant.
Heard.
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Accordingly, requirement of filing of an application u/s
145(2) NI Act is hereby dispensed with.
At joint request, matter be referred to mediation centre,THC
on 28.05.2026 at 02:00 PM.
Both the parties are directed to sign the mediation referral
form during the course of the day.
It is also clarified that in case any party fails to appear before
Mediation Centre, cost of Rs. 2000/- shall be imposed upon the defaulting
party.
In alternate, put up for settlement, if any / CE on 07.10.2026.
(Pranjal Gangwar)
Judicial Magistrate First Class (NI Act)-03
Central/Delhi/06.05.2026
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