Interim Order 18

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 4 CC NI ACT 10049/2023 MKF LOGISTICS PRIVATE LIMITED THROUGH ITS AUTHORISED
REPRESENTATIVE Vs. M/S RAJUL EXPORTSTHROUGH ITS PROPRIETOR /0 (Chanakaya Puri)
03.08.2026
There is pendency of more than 41,000 cases in the present court, therefore, it is not
possible to give shorter date in the cases.
Present : None for complainant.
Sh. Shiv Narayan Bohra, Ld. Counsel for accused
alongwith accused and surety in person.
Matter is listed for furnishing bail bonds and framing of
notice.
Bail bonds furnished. Same are verified and accepted.
This court is of the view that there is prima-facie case
against the accused person(s) for offence punishable under Section
138 r/w 141 N. I. Act and the contentions of defence can only be
decided by way of trial.
Substance of allegations against the accused have been
explained to him in vernacular. Notice U/s 251 Cr.PC served upon
accused to which he pleaded not guilty and claimed trial and further
disclosed his defence. Plea of defence of accused is recorded.
Statement of accused regarding admission/ denial of documents also
got recorded. The accused has admitted the dishonor memo and postal
receipts of legal demand notice, accordingly, witnesses at Sr.No. 2 to
4 i.e. concerned clerk/ official from concerned bank are dropped.
In view of the defences disclosed by the accused in
notice of Accusation framed U/s 251 Cr.PC, I do not deem it fit to try
the case summarily. As such, I am inclined to grant opportunity to
accused to cross examine the witnesses of the complainant side,
specially keeping in view the fact that if the trial results in conviction
imprisonment exceeding one year may have to be passed, as such, this
complaint would be tried as summons trial case. Accordingly, the
requirement of filing application u/s 145(2) NI Act is dispensed with.
The accused is granted opportunity to cross examine the witnesses of
the complainant.
Copy of the complaint has not been supplied despite the
previous order. Let the same be supplied by way of last and final
opportunity to the complainant two weeks from today.
Now to come up for CE on 07.12.26.
Accused is at liberty to appear through VC at the stage
of CE.
(Anjali Singh)
JMFC (NI Act) – 03/PHC/ND/03.08.2026
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