Order 5

Order Details: COPY OF ORDER
Pdf Text: 3 CC NI ACT 7753/2023
ASHOK KANODIA Vs. RAMAN THAKUR
10.12.2024
Present: Sh. Nitin Kakkar, Ld. Counsel for the complainant with complainant.
Sh. Manish Malhotra, Ld. Counsel for accused through VC.
At request of Ld. Counsel for accused matter is passed over.
At 11:10 am.
Present: None for the complainant.
Sh. Manish Malhotra, Ld. Counsel for accused with 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.
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 two witnesses cited in list of
witnesses at serial no. 2 & 3 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.
Be put up for further proceedings on 11.03.2025.
(ARADHANA)
J.M.F.C.01(N.I.Act)/Central,
THC/Delhi/10.12.2024
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