Interim Order 4

Order Details: COPY OF ORDER
Pdf Text: CA No:- 90/2025
RAJEEV Vs. DINESH KUMAR
06.02.2026
Present:- Appellant in person along with Proxy Counsel
(Enrollment No. D-591/2015) Sh. Vijay Pratap.
Respondent in person along with Ld. Counsel Sh. S.
K. Arya.
Adjournment requested on behalf of appellant owing
to absence of his main counsel. Last opportunity granted.
At this stage, an application under Section 148(3) of
NI Act seeking release of FDR deposited on record by appellant is
pressed on behalf of respondent through Ld. Counsel.
Arguments heard on the abovesaid application on
behalf of both the parties.
It is submitted on behalf of respondent that pursuant
to order dated 02.05.2025, the appellant had deposited 20% of
compensation amount to the tune of Rs. 80,000/- by way of FDR
bearing Member’s Account no. HCS-4491-259260725 drawn on
Himanshi Co-operative (Urban) Thrift and Credit Society Limited
on 01.08.2025. It is submitted that respondent/ complainant is
suffering from immense financial hardships owing to dishonour of
cheque in question and prolonged litigation. It is further submitted
that respondent is in dire need of compensation amount to mitigate
his hardship.
Appellant on the other, hand fairly submits that he
has no objection if afore-mentioned compensation amount is
released to the respondent since, he is ready and willing to settle
Contd….2
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CA No:- 90/2025
RAJEEV Vs. DINESH KUMAR
the matter in question, subject to adjustment of the aforesaid
amount in the final settlement.
Keeping in view the totality of circumstances and
NOC given on behalf of appellant, present application under
Section 148(3) of NI Act is allowed and disposed of. As such, FDR
bearing Member’s Account no. HCS-4491-259260725 dated
26.07.2025 drawn on Himanshi Co-operative (Urban) Thrift and
Credit Society Limited be released to respondent as per rules
against due acknowledgment. Treasurer/ Secretary/ President of
concerned aforesaid society is directed to encash the said FDR in
favour of respondent namely, Dinesh Kumar S/o Sh. Kanchi Lal.
Put up for reply/ arguments on the present appeal on
13.04.2026. Copy of the order be given “dasti” as prayed.
(Akash Jain)
ASJ-04, East District
KKD Courts, Delhi: 06.02.2026 (G)
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