Interim Order 6

Order Details: COPY OF ORDER
Pdf Text: 30 CC NI ACT 109/2025
ARCHANA JAIN Vs. DEEPSHIKHA JAIN DOLLY
18.08.2026
Present: Sh. Deepak, Ld. Proxy Counsel for complainant.
Accused in person.
Ms. Neha, Ld. Counsel for accused.
Fresh Vakalatnama filed on behalf of accused. Taken on record.
BWs issued against the accused received back unexecuted. However,
accused has appeared.
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 the no. 9468274835.
At this stage, (after 1 hour) copy of complaint and other documents
have been supplied to accused side.
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
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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. 30,000/- 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.
Accused side is at liberty to reach out the complainant side for
possibility of settlement on the no. 9899914112.
Put up for CE/ furnishing of surety of Rs. 30,000/- on 18.05.2027.
(URVI GUPTA)
J.M.F.C.-01(N.I.Act)/Central,
THC/Delhi/18.08.2026
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