Interim Order 6

Order Details: COPY OF ORDER
Pdf Text: 18 CC NI ACT 35/2025
DR VASU CHAUHAN Vs. ABHISHEK DIXIT
/0 (Gazipur)
01.08.2026
Present: Sh. Lakshay Chauhan, Ld. Counsel for the complainant.
Sh. Al Ameen, Ld. Counsel for the accused through VC.
Accused in person.
1) In terms of the judgment passed by the Hon'ble Supreme Court
of India in Cr. APP. no. 1755/2010 in "Sanjabij Tari Vs.
Kishore S. Borcar & Anr." passed on 25.09.2025, it was
directed in paragraph 36(E) that there shall be no requirement
to issue summons for pre-cognizance hearing under the cases of
Section 138 of NI Act. Hence, the matter is now proceeded
directly on the consideration of the case on cognizance and
summoning.
2) Prima facie offence u/s 138 NI Act, 1881 is made out.
Accordingly, cognizance of the offence is taken. The PSE of
the complainant is dispensed with in view of the judgment of
the Hon'ble Supreme Court of India in "AC Narayanan v.
State of Maharashtra & Ors." passed on 13.09.2013.
3) Materials on record suggest sufficient ground to summon the
accused as per the memo of parties.
4) Accordingly, issue summons to the accused along with the
copy of the complaint and documents, subject to filing
PF/RC within 15 days from today. Summons be sent for
service through all permissible modes including electronic
modes.
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5) Since accused is appearing alongwith his counsel, he stands
duly served.
6) Keeping in view the facts and circumstances of the case and the
offence being bailable, the accused is admitted to bail for an
amount of Rs. 10,000/- on furnishing of personal bonds and
surety bonds. Personal bonds and surety bonds not furnished.
At request of the Ld. counsel for the accused PB and SB are
directed to be furnished on the NDOH.
7) Notice of accusation is framed on the accused separately.
Accused has not pleaded guilty and claimed trial.
8) At this stage, admission/denial of documents under Section 294
Cr. P.C. done. Accused states that he will not dispute the
genuineness and correctness of dishonor Cheque & memo
Hence, 02 witnesses cited in list of witnesses by complainant at
serial no. 2 & 3 stand dropped from said list.
9) Ld. counsel for the accused orally prays that the accused may
be permitted to cross-examine the complainant u/s 145(2) NI
Act.
10) Submissions heard on behalf of both the parties.
11) Keeping in view the submissions made by the Ld. counsel for
both the accused and the defence raised by the accused, the
accused is directed to cross-examine the complainant on the
NDOH without fail u/s 145(2) NI Act.
12) Put up on 19.11.2026.
(HARSHAL NEGI)
JMFC, MCD (East)
Karkardooma Courts/Delhi/01.08.2026
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