Interim Order 5

Order Details: COPY OF ORDER
Pdf Text: 22 CC NI ACT 14959/2024
DHRUV AGGARWAL Vs. SANDEEP KUMAR AGARWAL
09.04.2026
Present: Complainant through VC.
Sh. Navin Gupta, Ld. Counsel for complainant.
Accused in person.
Sh. Shubham, Ld. Proxy Counsel for accused.
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 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 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.
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
-- 1 of 2 --
amount. At this stage, the accused seeks some time to furnish surety bonds.
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.
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 13.04.2026 at
2:00 pm and returnable to this court on 25.11.2026.
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.
Mediation is being referred with consent of both sides. In case of non
appearance of any party before mediation, a cost shall be imposed on defaulting
party.
Put up for settlement if any/ CE / furnishing of surety of Rs. 20,000/-
on 25.11.2026.
(URVI GUPTA)
J.M.F.C.-01(N.I.Act)/Central,
THC/Delhi/09.04.2026
-- 2 of 2 --