Full Order Text
Order 5 · 12 Aug 2026 · CNR DLCT020295732025
Order Details: COPY OF JUDICIAL PROCEEDINGS Pdf Text: 18 CC NI ACT / 10575/2025 HEMANT GUPTA Vs. MANISH KUMAR 12.08.2026 Present: Ms. Babita, Ld. Counsel for the Complainant along with complainant in person. Ms. Uma Pal, Ld. Counsel for the Accused along with accused in person. Sh. Vishwa Bandhu, Ld. Counsel for the Accused.(through VC) Previous cost of Rs. 1,000/- stands deposited by the complainant. Receipt furnished. Same is taken on Record. Vakalatnama filed on behalf of accused. Same is taken on record. Bail bonds furnished in terms of previous order. Original ID of surety seen and returned. Original solvency proof i.e. RC of the surety is directed to be retained on record. Let necessary robkar be issued by the Ahlmad qua the same. Notice U/S 274 BNSS has been framed against the accused to which he pleads not guilty and claims trial. At this stage, admission/denial of documents under Section 330 BNSS is recorded separately. Accused person states that he will not dispute the genuineness and correctness of cheque, dishonor memo and postal/courier receipts. Hence, three witnesses cited in list of witnesses by complainant at serial no. 2, 3 and 4 dropped from said list. Parties heard on the aspect of conversion of this case from summary trial to summons case. Looking at the nature of the case and the defence disclosed by the accused in his notice the present matter is converted to summons case. Ld. counsel for the accused orally submits that he be permitted to cross examine the complainant on the next date of hearing. Keeping in mind the legislative intent as incorporated in Section 145 (2) NI Act and the defence taken by the accused, this court is of the view that accused is having sufficient ground to cross examine the complainant. Accordingly, in the interest of justice and in order to give fair opportunity of trial to the accused cross examination of complainant witnesses by the accused is hereby allowed. Complainant is directed to appear physically on the next date of hearing. It is clarified that no further adjournment shall be granted for the purpose of CE to either party. At this stage, it is jointly submitted that there are chances of settlement between the parties and a request is made for referring the matter to mediation. Accordingly, both the parties are referred to mediation center for exploring the possibility of settlement on 22.08.2026 at 12:30 pm Both the parties are directed to remain present in the mediation proceedings. It is clarified that in case no settlement is arrived at between the parties, both parties shall be ready for CE on NDOH. Put up for settlement, if any / CE on 09.03.2027. (Arvind Tomar) JMFC (NI ACT)-07 (Central)/THC 12.08.2026 -- 1 of 1 --