Interim Order 5

Order Details: COPY OF ORDER
Pdf Text: 108 CC NI ACT / 7359/2025 DEL TRADE INTERNATIONAL PRIVATE LIMITED Vs.
AFFINE FORMULATIONS LIMITED / () Argument of Sentence
Proceedings are being conducted through Video Conferencing.
06.08.2025
Present: Sh. Sandeep alognwith Ms. Aakhansha Ld. Counsels for complainant alongwith
AR for complainant
Sh. Vikas Rohatgi, Ld. Counsel for all accused alongwith accused No.2-4
(accused no.4 is representing accused no.1)
Arguments heard on the point of cognizance.
I have perused the complaint, pre-summoning evidence by way of affidavit of the
complainant and the documents relied upon by the complainant. The present complaint has been
filed within the limitation/extended period of limitation (In Re Cognizance for Extension of
Limitation dated 08.03.2021 (Suo Moto Writ Petition (Civil) No.3/2020 and miscellaneous
application No. 665/2021) and is within the jurisdiction of this Court. The complaint and the
original documents have been submitted to the Ahlmad for safe custody. The documents have
been identified today in accordance with the pre-summoning evidence by way of affidavit.
In light of the decision of the Hon'ble Supreme Court in A.C. Narayanan v. State
of Maharashtra & Anr. (2014) 11 SCC 790, Full Bench, examination of the complainant upon
oath for issuance of process is a matter of discretion of the Magistrate. In the considered opinion
of this Court, there is no need to examine the complainant for the purpose of issuance of
process. There is sufficient material before this Court to proceed against the accused nos. 1 to 4.
I hereby take cognizance of the offence under Section 138 of the NI Act.
Accused Nos.2-4 are already present in the Court. Accused No.4 is also
representing accused No.1 company. Therefore, separate summons are not issued.
Copy of complaint is already supplied to accused persons.
Considering the overall facts and circumstances, accused nos.2 to 4 are admitted
to bail upon furnishing personal bonds in sum of Rs.1,00,000/- with one surety of like amount.
Bail bonds furnished on behalf accused nos. 2 to 4. Considered and accepted.
Concerned RTO be intimated.
Heard on the point of framing of notice. Substance of allegations against the
accused persons have been explained to the accused in vernacular. Notice under Section 251
CrPC served upon the accused Nos.1-4 to which the accused pleaded not guilty and claimed
trial and further disclosed their defence.
-- 1 of 2 --
Statement of the accused recorded U/s 294 Cr.P.C. In terms of the statement,
witnesses pertaining to the complainant bank, accused bank and postal department officials are
not examined.
Ld. Counsel for accused has orally requested to grant leave for cross examination
of the complainant. Arguments heard. It has been stated by the Ld. Counsel for complainant that
he has no objection if the accused is given opportunity to cross examine the complainant.
Considering the facts and circumstances of the case as well as the defence taken to the notice
u/s 251 CrPC, it appears that the accused has a valid defence taken to make and in order to
prove the same, cross examination of the complainant witnesses is essential. Therefore, on the
oral request of the accused, plea of accused under Section 145(2) N.I. Act is allowed.
Considering the nature of the evidence, the cheque amount in question in the present
case, I am of the opinion that a sentence of imprisonment for a term exceeding one year may
have to be passed and it is undesirable to try the present case summarily and therefore, the
present case shall be tried as a summons case under Chapter XX of the CrPC.
At this stage, both the parities have requested that the matter be referred to the
Mediation. I have interacted with both the parties. There seems to be elements of settlement. On
joint submissions, the matter is referred to Mediation Cell to explore the possibility of
settlement for 13.08.2025 at 2.00 PM. The details of the parties for the purpose of Mediation
are as follows:
Srl. No. Party Details
1. Sh. Sandeep alognwith Ms. Aakhansha Ld.
Counsels for complainant
---
2. Sh. Vikas Rohatgi, Ld. Counsel for all
accused
Mob. no. 9871242111 & vikasrohtagi@gmail.com.
Copy of this order be sent to the mediation center for necessary details and
further orders.
Put up for apprising the Court of the settlement/ CE on 29.10.2025 at 12:00 PM.
(Shivangi Vyas)
JMFC, (NI Act), Digital Court 01
PHC, New Delhi
06.08.2025
-- 2 of 2 --