Order 5

Order Details: COPY OF ORDER
Pdf Text: 19 CC NI ACT 13048/2024
PREM MADAAN Vs. ANKIT MADAN ALIAS HUNNY
02.06.2026
Present: Sh. Deepak Vuttsya, Ld. Counsel for complainant.
Proposed accused in person.
Sh. Sanyam Jain, Ld. Proxy Counsel for proposed accused.
E-filing history has been placed on record by the complainant. As per
the filing history, complaint has been filed within limitation.
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 225 BNSS conducted by scrutinizing
documents.
Arguments on summoning heard. 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 the proposed accused has entered appearance, issuance of formal
summons is dispensed with.
Copy of the complaint and other documents has been supplied to the
accused side in court today.
Ld. Proxy counsel for accused submits that Transfer Petition of the
present case is yet to be filed. However, since the matter is still pending before this
court, let the same be proceeded till the orders qua transfer is received.
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
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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 of the accused is hereby allowed.
At this stage, Admission/denial of documents by the accused under
Section 330 BNSS recoded separately. On the basis of the same, the two witnesses
cited at serial no. 2 and 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. 50,000/- with one surety of like
amount. At this stage, the accused seeks some time to furnish surety bonds.
Parties submits that settlement talks have failed.
Since, accused has disputed his signatures, issue notice to bank witness
from accused bank on filing of PF within two months from today, who is directed to
produce the account opening form of the accused to verify the signatures.
Let copy of cheques along with return memos and the present order be
sent along with notice.
Put up for CE/ furnishing of surety of Rs. 50,000/- on 15.12.2026.
(URVI GUPTA)
J.M.F.C.-01(N.I.Act)/Central,
THC/Delhi/02.06.2026
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