Order 5

Order Details: COPY OF ORDER
Pdf Text: 61 CC NI ACT - 4943-2024
Ssukoon Vs. Wardrobe Accessories
10.02.2025
Present: Mr. Mukesh Kumar Sinha and Mr. S. K. Chaudhary,
Ld. Counsel for complainant.
Mr. Sumit Kumar, Ld. Counsel for the accused with
accused and her husband.
As the offence is bailable, accused is admitted to bail
on furnishing of personal bond in the sum of Rs.10,000/- with one
surety in the like amount.
Bail bond furnished. Same is accepted. Copy of RC
retained. The concerned department be informed accordingly.
Notice u/s. 251 CrPC explaining the substance of the
accusation has been served upon the accused today to which she
has pleaded not guilty and has claimed trial.
Statement of accused u/s. 294 CrPC has also been
recorded. In view of the statement of the accused, ld. Counsel for
complainant has submitted that he does not wish to examine
witness at serial no.3, being formal witnesses. In view of the
statement of accused u/s. 294 CrPC and the submissions of
counsel for the complainant, two witnesses at serial no.3 are
hereby dropped from the list of witnesses furnished on behalf of
the complainant.
At this stage, husband of the accused is examined by
the court and on being questioned he has stated that the business
between the complainant and the accused firm was time bound in
manner. The accused firm made a delay of payment of an amount
of Rs.1.25 lakh approximately to the complainant due to which the
complainant stopped the delivery of goods worth Rs.20 lakhs. The
complainant insisted that a security cheque be given with respect
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to the said amount and therefore security cheques were given to
the complainant after which the complainant made part delivery of
said goods. Since the business relationship was time bound in the
manner, the accused firm could not delivered the goods within
time to the customers and our orders were cancelled. Further,
without intimation, the said cheques were presented in the bank by
the complainant.
In view of the defence of the accused and the
statement of the husband of the accused, accused has made an oral
application u/s. 145(2) NI Act and has sought permission of this
court to cross examine the complainant. Submissions heard. In
view of the submissions made, application u/s. 145(2) NI Act is
hereby allowed.
Since the conclusion of the trial might take more than
06 months and also the fact that the accused might be sentenced
for more than 01 year, accordingly, I order that the trial of this case
be conducted as per the procedure laid down for trial of summons
cases.
Now to come up for CE on 15.04.2025.
At this stage, it is requested by ld. Counsel for
complainant that witness at serial no.2 be summoned for CE.
Heard and allowed. Let summons be issued to bank witness
mentioned at serial no.2 on filing of PF within 15 days from today
returnable on NDOH.
(Surbhi Sharma)
JMFC(NI Act)-02-PHC
NDD-ND-10.02.2025
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