Order 3

Order Details: COPY OF ORDER
Pdf Text: 17 CC NI ACT 9969/2025
TATA CAPITAL LIMITED Vs. SACHIN KUMAR SHARMA
13.10.2026
Present: Sh. Amit Gautam, Legal Manager on behalf of complainant.
Ms. Manisha, Ld. Counsel for complainant (through VC).
Accused in person.
It is submitted by accused side that they have received the copy of
complaint and annexures.
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 manadate in question, the service of legal demand notice, failure of payment
despite demand, liability and cumulative effect thereof culminating into an offence
U/s 25 PASA Act have been explained to the accused in vernacular. The attention of
the accused has been drawn to the evidence appearing against accused 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 is recorded separately.
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. 20,000/- with one surety of like
amount. At this stage, the accused seeks some time to furnish bail bonds.
Accused side (9717748452) is at liberty to reach out the complainant
side for possibility of settlement on the no. 8882444454.
Put up for CE/ furnishing of surety of Rs. 20,000/- on 21.09.2027.
(URVI GUPTA)
J.M.F.C.-01(N.I.Act)/Central,
THC/Delhi/13.10.2026
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