Interim Order 5

Order Details: COPY OF ORDER
Pdf Text: 12 CC NI ACT 7766/2023
M/S BATTA BOOKS PVT LTD Vs. M/S JIJAU BOOKS SELLERS AND STATIONERS
25.02.2025
Today, the undersigned is also working as Duty JMFC.
Present: Sh. Sachin Kumar, Ld. Counsel for the complainant with AR for the
complainant.
Accused in person.
Offence being bailable, accused is admitted to bail subject to furnishing of
personal bonds in the sum of Rs. 15,000/ 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.
It is submitted by accused that he has received the copy of complaint and
annexures.
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 is also recorded.
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.
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 at serial no. 2, 3 & 4 in
list of witnesses 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.
It is jointly submitted by parties that an MOU has been executed, as per which
all the connected matters pending before this court have been settled for a total sum of Rs.
1,50661/. The 1 st installment of Rs. 11722/ is payable on 15.03.2025 and the last installment
will be due on 15.03.2026. Copy of said MOU is also furnished by complainant. Taken on
record.
Be put up for furnishing of surety/ verification of payment/ further proceedings
on 04.06.2025.
(ARADHANA)
J.M.F.C.01(N.I.Act)/Central,
THC/Delhi/25.02.2025
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