Order 4

Order Details: COPY OF ORDER
Pdf Text: Court of Sh. Divyam Lila, Ld. MM(MCD), Date of Order 25.04.2025
East, KKD, Delhi
NARENDER KUMAR Vs. SURAJ BAHADUR /0 (Mayur Vihar)
Present: Complainant with Ld. Counsel Sh. Vijay.
Respondent with Ld. Counsel.
An application under Section 143A NI Act has been filed by the complainant. The
same are taken on record. The respondent is absent. 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.
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. Matter is listed today for consideration on notice. Heard on
notice. Notice u/s 274 BNSS (251 of Cr.P.C.) is framed and served upon accused separately. Accused
has not pleaded guilty and claimed trial.
At this stage, admission/denial of documents under Section 330 BNSS (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.
In view of the submissions of the Ld. Counsel for the accused, framing of notice
and factual matrix of the case, the application under Section 145(2) NI Act is allowed, as loan is
not admitted and the alleged friendly loan was given in cash partly. The complainant is recalled for
his cross-examination.
Let the matter be listed for CE on 19.08.2025.
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