Interim Order 5

Order Details: COPY OF ORDER
Pdf Text: 14 CC NI ACT 11224/2025
MS MANOHAR ELECTRIC AND MACHINERY STORE Vs. ASCENT
ENGINEER
08.08.2026
Present: Complainant in person.
Sh. Mahesh Chand and Sh. Bhavesh Nimker, Ld. Counsels for
complainant.
Accused is proprietorship firm through Tarikh Umar, in person.
Sh. Sanjeet Kumar, Ld. Counsel for accused.
Matter is at the stage of recording of S. A. u/s 313 Cr.P.C/351 BNSS.
Perusal shows that cheque in question is drawn in the name of Ascent
Engineer through its proprietor Tarikh Umar who is present today on behalf of the
proprietorship firm, claims to be father of Umar Tarikh who is stated to be the
proprietor of Ascent Engineer and the signatory of the cheque in question. He states
that however, dealing was done by him with the complainant. Notice u/s 251 Cr.P.C
has been framed upon proprietorship firm through Mr. Tarikh Umar.
Previous cost of Rs. 500/- imposed on the accused has been paid.
Ld. Counsel for complainant submits that accused side has made the
payment of one cheque in question for the cheque amount.
Today again, time has been sought on behalf of accused side to make
the remaining payment of other cheque i.e. Rs. 15,930/-. This is the 3rd time that
accused side is seeking time to make the payment. Court is not inclined to give any
further opportunity to the accused. Accordingly, let matter be proceeded.
S. A. u/s 313 Cr.P.C has been recorded upon the accused side. He has
not opted to lead any DE.
At this stage, accused side submits that he shall make the remaining
payment payment of the 2nd cheque in question today itself.
Be awaited for payment if any.
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AT 12:30 P.M.
Present: Complainant in person.
Sh. Mahesh Chand and Sh. Bhavesh Nimker, Ld. Counsels for
complainant.
Accused is proprietorship firm through Tarikh Umar, in person.
Sh. Sanjeet Kumar, Ld. Counsel for accused.
At this stage, complainant side submits that the matter has been
compounded by them qua cheque in question and they want to compound and
withdraw the present complaint before this Court.
Submissions of complainant side and statement of complainant
considered. Compounding appears to be voluntarily made, equitable and there
appears to be no legal impediment in implementing/allowing the same. Accordingly,
compounding allowed. Hence, matter stands compounded between both side for
offence punishable under Section 138 N. I. Act.
Accused person(s) stands acquitted. Documents, if any, be released to
rightful claimant as per rules. P/B and S/B, if any stands discharged.
Put up for appropriate orders/ further proceedings on 05.03.2027.
(URVI GUPTA)
J.M.F.C.-01(N.I.Act)/Central,
THC/Delhi/08.08.2026
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