Interim Order 2

Order Details: COPY OF ORDER
Pdf Text: Court of Sh. Divyam Lila, Ld. MM(MCD), Date of Order 13.01.2025
East, KKD, Delhi
40 CC NI ACT / 2250/2024 M/s Tri Devbhumi Co Operative Urban Thrift and Credit society Ltd Vs.
Kailash Chander Bisht /0 (Laxmi Nagar)
Present: Complainant with Ld. Counsel.
Accused with Ld. Counsel.
The notice on the respondent is received back as delivered, hence, deemed served.
The matter is at the consideration of the present case under Section 138 NI Act,
subject to pre-cognizance hearing to the respondent under Section 223(1) BNSS.
Respondent is present with the counsel and Vakalatnama has been filed.
No arguments qua the pre-cognizance hearing has been made by the Ld. Counsel
for the respondent and no substance is made out for not taking the cognizance.
It is submitted by Ld. counsel for the complainant that the complainant is situated
within the territorial jurisdiction of this court.
Prima facie offence u/s 138 NI Act, 1881 is made out. Accordingly, cognizance
of offence is taken.
The PSE of the complainant is dispensed with in view of judgment of Hon’ble
Supreme Court of India in “AC Narayanan v. State of Maharashtra & Ors.” passed on 13.09.2013.
Heard on issuance of process.
Materials on record suggest sufficient ground to summon the accused. Formal
summoning of the accused is hereby dispensed with as the ld. Counsel is present with the accused.
On the oral application for bail of the accused, the accused is granted bail, as the
offence is bailable in nature.
The accused is granted bail subject to furnishing of bail bonds in the sum of
Rs.20,000/- with one surety of like amount.
Personal Bail bonds to be filed today and surety bonds to be furnished on the next
date.
Let the matter be listed for framing of notice, admission denial and consideration
on the application under Section 145(2) of NI Act.
The accused is directed to supply the advance copy of the application under Section
145(2) NI Act to the other side for the purpose of consideration.
Let the matter be listed for 01.05.2025.
(Meanwhile referred to Mediation for 22.01.2025 at 2.00 PM, and in case the
matter is not settled, let the matter be listed for the purpose already.)
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