Interim Order 16

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 23 CC NI ACT 7341/2021 DOMINAR ELECTRONICS AND SOLUTIONS LLP Vs.
OMENDRA CHAUHAN
24 CC NI ACT 7348/2021 DOMINAR ELECTRONICS AND SOLUTIONS LLP Vs.
OMENDRA CHAUHAN
03.10.2026
This court has a pendency of more than 38000 cases. Shorter dates are not given on account
of heavy pendency.
Present: Sh. Adarsh Dubey, Ld. Counsel for complainant.
Sh. Sumit Kumar, Ld. counsel for the accused with accused.
Matter is fixed for report on process u/s 82 Cr.P.C.
Ld. counsel for the accused has moved an application for cancellation of
process u/s 82 Cr.P.C submitting that the accused could not appear on the LDOH as Bank
visit was scheduled at his site.
Perusal of record shows that Bail bonds have not been furnished by the
accused till date.
In the interest of justice, one last and final opportunity is granted to the
accused to furnish the bail bonds subject to consolidated cost of Rs.2000/- to be paid to the
complainant.
On account of the reasons stated, the application for cancellation of process
u/s 82 Cr.P.C stands allowed and the process stands cancelled.
Submissions heard on the point of Notice u/s 251 CrPC. Record perused.
Based on the submissions made as well as the perusal of the records, this
court is of the considered opinion that there are sufficient grounds to frame notice against the
accused and proceed to trial. Notice for offence punishable under Section 138 N.I. Act, 1881
has been framed, read over, explained to and served upon the accused to which he pleaded
not guilty and claimed trial. Plea of the accused and his specific defence has been recorded
separately.
Statement of accused under section 294 CrPC of the accused has also been
recorded and the said statement has been signed by the accused. The accused has admitted
the cheque and return memo. Consequent to admission, witnesses cited at Sl. No. 3 in list of
witnesses by complainant stands dropped.
This Court further does not deem it appropriate/desirable to try the case
summarily since sentence for imprisonment exceeding one year may have to be passed, if
the trial results in conviction, therefore, this case would be tried as summons trial case.
Accused has orally made a request under Section 145(2) NI Act for cross-
examining the Complainant. Ld. Counsel for the complainant has submitted that the
complainant has no objection to the same. Keeping in view the defence raised by the
accused, I am of the considered opinion that the cross-examination of the Complainant is
pertinent to facilitate the course of justice.
Application stands allowed.
Put up for CE/furnishing of bail bonds on 21.01.2027 at 11:30 AM.
Let the copy of complaint be supplied afresh on the contact number
9958266282.
(Akanksha Singh)
JMFC(NIAct)/02/PHC
NDD-ND-03.10.2026
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