Full Order Text
Interim Order 6 · 19 Mar 2026 · CNR DLCT020253282024
Order Details: COPY OF ORDER Pdf Text: 36 CC NI ACT 7942/2024 Shriram Finance Limited Vs. Dinesh Kumar 19.03.2026 Present: Sh. Rakesh, Ld. Proxy Counsel for complainant through VC. Accused in person. Previous cost of Rs. 500/- imposed on the accused has been paid. Accused submits that his loan account has already been closed. He is directed to supply the copy of the document on the no. 7838153116. Ld. Proxy counsel for complainant seeks time to verify the said fact. Since the factum of payment is not yet verified, the court deems it fit to frame the notice upon accused today itself. 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 330 BNSS recoded separately. On the basis of the same, the four witnesses cited at serial no. 2 to 5 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. Complainant is directed to verify the factum of closing of the loan account. Another opportunity is given to accused to furnish surety bonds of Rs. 25,000/-. Accused submits he resides at the same address as on legal demand notice and his phone no. is 9910190709. Put up for settlement if any/ CE/furnishing of surety on 03.08.2026. (URVI GUPTA) J.M.F.C.-01(N.I.Act)/Central, THC/Delhi/19.03.2026 -- 1 of 1 --