Full Order Text
Order 5 · 28 May 2025 · CNR DLCT020315802024
Order Details: COPY OF ORDER Pdf Text: 47 CC NI ACT / 10141/2024 SHYAM BIHARI AGGARWAL Vs. RAHUL GUPTA 28.05.2025 Present: Ms. Shahin, Proxy Counsel for the complainant. Accused in person. Offence being bailable, accused is admitted to bail subject to furnishing of personal bonds in the sum of Rs. 50,000/ with one surety of like amount. At this stage, the accused seeks some time to furnish bail bonds as his main counsel is not available today. 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 is also recorded. 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 at serial no. 2, 3 & 4 in list of witnesses by complainant for same stands dropped from said list. 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. Be put up for furnishing of bail bonds/ CE on 09.09.2025. (ARADHANA) J.M.F.C.01(N.I.Act)/Central, THC/Delhi/28.05.2025 -- 1 of 1 --