Full Order Text
Order 2 · 18 Sept 2025 · CNR DLCT020210802025
Order Details: COPY OF JUDICIAL PROCEEDINGS Pdf Text: CC NI ACT 9862/2025 AVINASH PANDEY Vs. NAVIN KUMAR BHATIA 18.09.2025 Present: Mohd. Mohid, Ld. Counsel for the complainant. Proposed accused in person. The instant complaint has been filed under Section 138 of Negotiable Instruments Act. Notice u/s 223 (proviso) BNSS was issued to the proposed accused on LDOH. Proposed accused has entered appearance today and submits that he has no objection to taking congizance in the present matter Arguments on the point of cognizance heard. Complaint, affidavit of evidence and other documents perused. Prima facie, complaint appears to have been filed within limitation period and falls within the territorial jurisdiction of this court. I hereby take cognizance of the offence punishable under Section 138 of NI Act qua the cheque in question. Following the law laid down by the Hon'ble Supreme Court in “A. C. Narayanan Vs. State of Maharashtra & Anr.” (2014) 11 SCC 790, complaint, affidavit of evidence and annexed documents considered. Inquiry under Section 202 Cr.P.C. conducted. In view of the same I am satisfied, there are sufficient grounds for proceeding further against accused person for offence punishable under Section 138 N. I. Act qua the cheque in question. There is no requirement for issuing formal summons to accused as he has already entered appearance before the court. It is stated by the accused that he has already received copy of complaint and annexed documents from the complainant. -- 1 of 2 -- Since the offence is bailable, the accused is granted bail, subject to furnishing of bail bonds in the sum of Rs. 5,000/- with one surety in the like amount. Accused seeks some time to furnish bail bonds. Time granted till NDOH. Notice 274 BNSS has been framed against the accused to which he pleaded not guilty and claimed trial. Plea of defence has been separately recorded and explained to the accused. Statement of accused under Section 330 BNSS also recorded. Considering the defence taken by the accused in his statement 274 BNSS, a plausible defence has been taken by the accused for which an opportunity for cross examination of the complainant is fit to be given to the accused u/s 145(2) NI Act. Upon oral request of the accused, the filing of application u/s 145(2) NI Act stands dispensed with. The case shall be tried by summary trial. In view of admission/denial of documents under Section 330 BNSS, the witnesses mentioned in the list of witnesses at serial no. 2 & 3 stand dropped from said list. List the matter for furnishing of bail bonds/ CE on 15.12.2025. (Danveer) Judicial Magistrate First Class-04, NI Act 18.09.2025 -- 2 of 2 --