Interim Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 37 CC NI ACT / 12569/2025
Sukhmay Jeevan Cooprative Urban Thrift and Credit Society Ltd Through its
Authorised Signatory Vs. SSUNIL BANSAL
19.02.2026
(Regular Stenographer of this court is on leave).
Present: 	Sh. Amit Kumar, Ld. Counsel for complainant.
Sh. Kapil Chaudhary, Ld. Counsel for accused with accused.
Ms. Suman Bansal (arrayed as accused No.2 by the complainant).
Matter is at the stage of appearance of accused/furnishing of bail bonds/
framing of notice.
Ld. Counsel for accused persons submits that there is no case made out
against Ms. Suman Bansal who has been arryed as accused no.2 in the present case as
the cheque in question belongs to accused No.1 and to his personal account. It is
further submitted that the essential ingredients of Section 138 N.I. Act does not get
fulfilled for accused No.2 as the cheque instrument in question has not been drawn by
her and it is not the case of the complainant that their case is within the scope of
Section 141 N.I. Act.
Ld. Counsel for complainant fairly agrees that the cheque in question has
no connection with the accused No.2. 	It is further agreed that the complainant does
not use Section 141 N.I. Act for the present prosecution.
Heard. Considered.
As the undisputed position is that the cheque in question has not been
drawn by accused No.2 and that the complainant does not rely on Section 141 N.I. Act,
this court is of the view that there is no case against accused No.2 for an offence u/s
138 N.I. Act.
Accordingly, the accusation against accused No.2 for an offence U/s 138
N.I. Act being groundless, accused No.2 Ms. Suman Bansal is released and hence,
discharged from the present proceedings for an offence U/s 138 N.I. Act.
Stenographer, Purshotam Kumar, E.C.99617087
-- 1 of 2 --
Since the offence is bailable, the accused Sh. Sunil Bansal is granted bail,
subject to furnishing of bail bonds in the sum of Rs. 15,000/- with one surety in the
like amount.
Accused seeks some time to furnish bail bonds. Time granted till NDOH.
Notice under Sec. 274 BNSS has been framed against the accused to
which they pleaded not guilty and claimed trial. Plea of defence has been separately
recorded and explained to the accused. Statement of accused under Section 330 BNSS
also recorded.
Considering the defence taken by the accused in their statement under
Sec. 274 BNSS, a plausible defence has been taken by the accused for which an
opportunity for cross examination of the complainant is fit to be given to the accused
u/s 145(2) NI Act. Upon oral request of the accused, the filing of application u/s 145(2)
NI Act stands dispensed with. The case shall be tried by way of summary trial method.
In view of admission/denial of documents under Section 330 BNSS, the
witnesses mentioned in the list of witnesses at serial no. 2 & 3 stand dropped from said
list.
An application for substitution of the AR has been moved on behalf of
the complainant along-with copy of Resolution of Society. Application being formal in
nature, stands allowed. Mr. Naveen Verma is substituted as the new AR for the
complainant.
The new AR of the complainant is directed to file his evidence by way of
affidavit on NDOH with an advance copy to the other side.
List the matter for furnishing of bail bonds/ CE on 22.08.2026.
(Danveer)
Judicial Magistrate First Class-04, NI Act
19.02.2026
Stenographer, Purshotam Kumar, E.C.99617087
-- 2 of 2 --