Interim Order 10

Order Details: COPY OF ORDER
Pdf Text: 50 CC NI ACT 7581/2023
AMIT AGGARWAL Vs. RADHEY SHAYAM
04.06.2026
Present : Mr. Firoj Khan, Ld. Counsel for complainant through VC.
Accused is in person.
At request of accused, be awaited till 11:30 AM.
(Pranjal Gangwar)
Judicial Magistrate First Class (NI Act)-03
Central/Delhi/04.06.2026
At 11:30 AM
Present : Mr. Firoj Khan, Ld. Counsel for complainant through VC.
Mr. Ashutosh Rana, Ld. Counsel for accused alongwith
accused in person.
It is clarified that since Mr. Radhey Shyam Verma is the
signatory of cheque in question, cognizance was taken against him only.
Since, the offence is bailable in nature accused is admitted to
bail subject to furnishing of bonds in the sum of Rs. 20,000/- and the surety
in the like amount.
Surety bonds furnished. Same is verified and accepted.
Original RC be retained. Robkar be issued.
Notice u/s 251 Cr.P.C has been framed and served against the
accused to which he has pleaded not guilty and claimed trial.
Defence of the accused has also been recorded today.
Considering the nature of evidence, the cheque amount in
question in present case, this court is of the opinion that a sentence of
imprisonment for a term exceeding one year may have to be passed and it is
undersirable to try the present case summarily and therefore, the present
case shall be tried as a summons case under Chapter 20 of the Criminal
Procedure Code.
Admission / denial of the documents u/s 294 Cr.P.C has been
conducted today.
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Separate statement of the accused has also been recorded.
Accused seeks sometime for filing application u/s 145(2) NI
Act. Let advance copy of the said application be supplied to the complainant
at least two days before the next date of hearing.
Ld. Counsel for the complainant submits that he has no
objection if accused is given an opportunity to cross-examine the
complainant.
Heard.
Accordingly, requirement of filing of an application u/s
145(2) NI Act is hereby dispensed with.
Accordingly, put up for CE on 08.10.2026.
(Pranjal Gangwar)
Judicial Magistrate First Class (NI Act)-03
Central/Delhi/04.06.2026
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