Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 37 CC NI ACT / 12505/2025
The Krishna Cooperative Urban Thrift and Credit Society Ltd Vs. Ashish Kumar
22.07.2026
Present: Sh. Sudhir Kumar Singh, AR of the complainant.
Accused in person.
It is submitted by accused side that they have not received the copy of
complaint and annexures. Complainant is directed to supply the same to accused side
before the next date of hearing on number 9971684461.
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 separately.
At this stage, oral prayer for cross examination of complainant witness is
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
330 BNSS is recorded separately. On the basis of the same, the three witnesses cited at
serial no. 2 to 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.
Offence being bailable, accused is admitted to bail subject to furnishing of
personal bonds in the sum of Rs. 10,000/- with one surety of like amount. At this stage, the
accused seeks some time to furnish surety bonds.
Accused side is at liberty to reach out the complainant side for possibility of
settlement on the no. 9910108485 and he resides at A-366, Moti Bagh, Chankya Puri,
Delhi-110021.
Put up for settlement if any/ CE/ furnishing of surety of Rs. 10,000/- on
24.03.2027.
(URVI GUPTA)
J.M.F.C.-01(N.I.Act)/Central,
THC/Delhi 22.07.2026
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