Order 5

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 5 CC NI ACT 7333/2023
ANE BOOKS PVT LTD Vs. DHAN BEHARI TIWARI
18.11.2024
Present: Ms. Radhika Arora and Ms. Megha Soni, Ld. Counsels for the
complainant.
Sh. Rakesh Kaushal, Ld. Counsel for the 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. Since Cr. P.C. does not prescribe any format of
notice unlike a charge, no format based notice under section 251 Cr. PC is being
framed. The only requirement of Section 251 Cr.PC is that particulars of offence &
substance of the accusation should be stated to the accused. In compliance of the same.
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, Ld. Counsel for accused seeks time to move application u/s
145(2) NI Act. At request, time is granted for 15 days. Ld. Counsel for the accused shall
furnish the advance copy of the application to the complainant atleast 05 days before the
NDOH.
At this stage, Admission/denial of documents by the accused under
Section 294 Cr. P.C. recoded separately.
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.
Be put up for CE/ further proceedings on 30.01.2025.
(ARADHANA)
J.M.F.C.01(N.I.Act)/Central,
THC/Delhi/18.11.2024
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