Interim Order 2

Order Details: COPY OF ORDER
Pdf Text: 51 CC NI ACT / 9802/2024
MS NAZAR AL JANAMAZ STORE Vs. MOHD ANAS
11.02.2025
Present: Sh. Mohd. Iqbal, Ld. Counsel for the complainant.
Surety Mohd. Afzal in person.
Accused with Ld. Counsel, Mr. S.N. Imran.
Vakalatnama is filed on behalf of accused. Taken on record.
Offence being bailable, accused is admitted to bail subject to furnishing of bail
bond/ surety bond in the sum of Rs. 10,000/ with one surety of like amount. Same is furnished
considered and accepted.
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.
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 two witnesses cited at serial no. 2 & 3
in list of witnesses by complainant for same stands dropped from said list.
At this stage, after little interaction with both sides there appears to be ample
chances of settlement in this matter.
With consent of both sides, be put up before Mediation Cell on 15.02.2025 at
2:00 pm and returnable to this court on 06.05.2025.
Ahlmad is directed to send file to Mediation Cell well in time.
(ARADHANA)
J.M.F.C.01(N.I.Act)/Central,
THC/Delhi/11.02.2025
-- 1 of 1 --