Order 4

Order Details: COPY OF ORDER
Pdf Text: 19 CC NI ACT / 665/2024 M/s Vaibhav Enterprises Vs. M/s Super
Marche 37 Traders And Ors /0 (Mayur Vihar)
02.06.2025
Present: Ld counsel for the complainant.
Accused No. 1 is a company.
Sh Deepak Kumar, Ld counsel for the accused No. 1, 3 & 4.
Accused No. 4 through VC.
Accused No. 3 in person
None for the accused No. 2.
Separate Notices of accusation have been served upon the accused No. 3 &4,
to which accused pleaded not guilty and claimed trial. Their plea of defence has also been
recorded separately.
Admission & denial done. Therefore, witness no. 2 & 3 stand dropped from
the list of witnesses on account of admission by accused.
At this stage, Ld counsel for the accused No. 3 & 4submits that he will file
the signed notices after affixing the sign of the accused No. 4 on the NDOH.
Considering the detailed defence taken by the accused, plausible defence has
been raised for which an opportunity for cross-examination of the complainant is fit to be
given to the accused u/s 145(2) NI Act. The need for filing a formal application stands
dispensed with.
In these circumstances, in view of the second proviso to section 143 (1) of
the NI Act, instead of being tried summarily, this case shall now be heard as a summons
trial case.
None has appeared on behalf of accused No. 2 despite repeated calls.
It is already 12:30 pm.
NBW be issued against accused at all the addresses available on record to be
executed through SHO concerned for the NDOH. It is made clear that no application for
cancellation of NBW shall be entertained without proof of at least 5 days advance notice to
opposite side.
Be put up for appearance of accused No. 2/furnishing of signed
notices/CE on 03.10.2025.
(Ankit Solanki)
JMFC (NI Act), East/ KKD,Delhi/02.06.2025
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