Order 9

Order Details: COPY OF ORDER
Pdf Text: 4 CC NI ACT 8181/2023
ROSHAN Vs. JITENDRA KUMAR
18.08.2026
Present: Sh. Samad Khan, Ld. Proxy Counsel for complainant.
Accused in person.
Sh. Rashmi, Ld. Counsel for accused.
Fresh Vakalatnama filed on behalf of accused. Taken on record.
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.
Considering the defence disclosed by the accused, no purpose shall be
served in keeping the matter for CE. Moreover, no application u/s 145 (2) of NI Act
has been moved on behalf of accused for cross-examination of the complainant’s
witness.
Accordingly, the matter is proceeded in terms of the judgment passed
by the Hon’ble Delhi High Court in
Rajesh Agggarwal Vs. State & Anr. (2010).
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.
Offence being bailable, accused is admitted to bail subject to
furnishing of personal bonds in the sum of Rs. 10,000/- with one surety of like
amount. At this stage, the accused seeks some time to furnish bail bonds.
Accused submits that he has made the payment of entire cheque
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amount to the complainant and he has proof of the same. Proof has also been
supplied to the opposite side.
Ld. Proxy counsel for complainant submits that he is not able to
contact the complainant to verify the factum of payment made.
Accordingly, ISSUE COURT NOTICE TO THE COMPLAINANT for
NDOH for verification of payment on NDOH.
Court notice be also sent through online mode on the details given
below.
Ld. Counsel for complainant submits that contact number of
complainant is 8368687720.
In case of failure of verification, S. A. u/s 313 Cr.P.C will be recorded
on NDOH.
Put up for verification of payment/ recording of S. A. u/s 313
Cr.P.C/351 BNSS/ furnishing of surety of Rs. 10,000/- on 10.12.2026.
(URVI GUPTA)
J.M.F.C.-01(N.I.Act)/Central,
THC/Delhi/18.08.2026
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