Interim Order 3

Order Details: COPY OF ORDER
Pdf Text: 4 CC NI ACT 562/2024
VIVEK KUMAR GAURAV Vs. MANGOVIND SAHOO
27.05.2024
Present: Ld. Counsel for the complainant with complainant.
Accused with Ld. Counsel.
Vakalatnama is filed on behalf of accused. Taken on record.
Offence being bailable, accused is admitted to bail subject to furnishing of
personal bonds in the sum of Rs. 40,000/- 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.
The accused is directed not to change the address without informing the court.
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 three witnesses cited in list of
witnesses by complainant for same stands dropped from said list.
Be put up for CE/ further proceedings on 28.09.2024.
(NITISH KUMAR SHARMA)
M.M.-01(N.I.Act)/Central,
THC/Delhi/27.05.2024
-- 1 of 1 --