Order 3

Order Details: COPY OF ORDER
Pdf Text: 60 CC NI ACT / 12288/2024
BESTWAY COOPERTIVE URBAN THRIFT AND CREDIT SOCIETY LTD
Vs. BHOPAL SINGH
15.07.2025
The undersigned has joined this court vide order No. 16/DHC/Gaz.
IIB/G7/VI.E.2(a)2025, dated 30.05.2025.
Today, the undersigned is also working as Duty JMFC.
Present: Sh. Jatin Bhardwaj, Proxy Counsel for the complainant.
Proposed accused in person.
It appears that proposed accused does not wish to argue upon the point of
summoning. Accordingly, opportunity for the same is hereby closed.
Arguments on summoning heard on behalf of complainant.
File perused. All the statutory requirements under NI Act are complied
with. After perusal of the entire record, this court is of the considered opinion that prima
facie case punishable u/s 138 of NI Act is made out against the accused. Cognizance
of the same is taken.
Perusal of case file reveals that cheque in question was presented for
encashment and was returned dishonored vide return memo. Accused has failed to make
payment within the legally prescribed period despite the service of legal demand notice
upon him. The complaint is within the territorial jurisdiction of this court and is within
limitation. Enquiry u/s 202 Cr.PC conducted by scrutinizing documents.
Following the law laid down in A.C. Narayanan Vs. State of
Maharashtra & Anr. (2024) 11 SCC 790, complaint, evidence by way of affidavit and
documents considered. In view of complaint, documents produced and verification in
the form of affidavit there are sufficient grounds for proceeding further against the
accused for offence punishable u/s 138 NI Act.
Since accused has entered appearance, issuance of formal summons
is hereby dispensed with.
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
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
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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 and no objection by
complainant side, the four witnesses cited at serial no. 2, 3, 4 & 5 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.
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
02.09.2025 at 2:00 pm and returnable to this court on 03.12.2025.
Ahlmad is directed to sent file to Mediation Cell well in time.
Considering the fact that parties are willing to settle the matter, let matter
be put up before Lok Adalat to be held on 13.09.2025.
Ahlmad is directed to send the file complete in all respects before the
Lok Adalat.
Be put up for furnishing of surety/ CE/ further proceedings on
03.12.2025.
(URVI GUPTA)
J.M.F.C.01(N.I.Act)/Central,
THC/Delhi/15.07.2025
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