Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 40 CC NI ACT 397/2025
The Kangra Cooperative Bank Ltd Vs. Anil Sharma
02.02.2026
Present: Sh. Nishant Gupta, Ld. Proxy Counsel for complainant through VC.
Sh. Aakash and Ms. Priyanka, Ld. Counsels for proposed accused.
Fresh Vakalatnama filed on behalf of proposed accused. Taken on
record.
Notice u/s 223 BNSS issued to the proposed accused received back
unserved.
However, Ld. Counsel for proposed accused have appeared along with
proposed accused.
In terms of the guidelines passed by Hon’ble Supreme Court of India,
in case titled as
Sanjabij Tari Vs. Kishore S. Borcar & Anr., 2025 (SC) 952, decided
on 25.09.2025, there is no requirement to issue notice u/s 223 BNSS in complaint
case u/s 138 NI Act. Accordingly, the stage of notice u/s 223 BNSS is dispensed
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.
Let accused be summoned. However, since accused has appeared,
Issuance of formal summons is dispensed with.
Complainant is directed to supply the soft copy of complaint and
documents to the accused well in time on the no. 9205046128.
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 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. Personal bonds
furnished considered and accepted till the next date of hearing.
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, in view of the ongoing “mediation for the
nation campaign 2.0 by NALSA”be put up before Mediation Cell on 06.04.2026 at
12:30 pm and returnable to this court on 10.08.2026.
Matter is being sent to mediation with consent of Ld. Proxy counsel
for complainant appearing through VC.
Parties and mediator are directed to ensure that in case of connected
matters between same parties, which are pending in different courts, settlement is
made only qua the matters which are pending before this court. Settlement should
also contain a clause for payment of substantial settlement amount, mutually agreed
upon before NDOH and the same be complied with by the accused side. It is further
clarified that accused, fails to comply with the settlement, matter shall be proceed on
merits.
Ahlmad is directed to send file to Mediation Cell well in time.
Put up for CE / settlement if any/ furnishing of surety of Rs. 10,000/-
on 10.08.2026.
(URVI GUPTA)
J.M.F.C.-01(N.I.Act)/Central,
THC/Delhi/02.02.2026
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