Interim Order 3

Order Details: COPY OF ORDER
Pdf Text: 4 CC NI ACT 9172/2023
MOHAMMAD WASEEM Vs. JAMUNA PRASAD @ JAMUNA GUPTA
19.07.2024
Present: Ld. Counsel for complainant alongwith complainant.
Accused in person.
Ld. Counsel for the accused. (through VC)
The accused has confirmed his address as mentioned in the memo of
parties is correct.
It is requested by accused that he may be allowed to furnish bail bonds
on the NDOH.
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 294 Cr. P.C. recoded separately. On the basis of the same, the three witnesses
cited in list of witnesses by complainant for same stands dropped from said list.
Be put up for CE on 2.10.2024.
(NITISH KUMAR SHARMA)
J.M.F.C.-01(N.I.Act)/Central,
THC/Delhi/19.07.2024
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