Order 12

Order Details: COPY OF ORDER
Pdf Text: 37 CC NI ACT 10941/2023
MOHAN CLOTHING COMPANY PVT. LTD. Vs. MANSI CREATIONS, THROUGH
ITS SOLE PROPRIETOR, MS ALKA GARG (Connaught Place)
11.08.2025
This court has a pendency of more than 16000 cases. Shorter dates are not given on account
of heavy pendency.
Present: Sh. Madhur Sapra, Ld. Counsel for the complainant.
Sh. Avtaar Singh Deol, Ld. Counsel for the accused persons.
Accused no.2 and 3 in person.
Fresh vakalatnama filed on behalf of accused no.2 and 3 today. Taken on
record.
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 no.1, 2 and 3 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 no.1, 2
and 3 to which they pleaded not guilty and claimed trial. Plea of the accused persons and
their specific defence have been recorded separately.
Statement of accused no.1, 2 and 3 under section 294 CrPC of the accused
persons has also been recorded and the said statement has been signed by the accused
persons. The accused no.1, 2 and 3 have admitted the cheque and return memo. Consequent
to admission, witnesses cited at Sl. No.2 & 3 in list of witnesses by complainant stands
dropped.
Since the offence is bailable, accused no.2 and 3 are admitted to bail subject
to furnishing of bail bond for a sum of Rs.60,000/- each with one surety of like amount.
Time is granted to furnish the same.
Personal bond furnished today and accepted.
Ld. Counsel for the accused persons 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 persons, 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/ filing of bail bonds on 29.10.2025 at 11:00 AM.
Both the parties are directed to be physically present on the NDOH for
recording of evidence. Failure to comply with the same will lead to adverse action
against the defaulting party.
Date is given at the convenience of both the parties. No further
adjournment shall be granted.
(Akanksha Singh)
JMFC(NIAct)-02-PHC
NDD-ND-11.08.2025
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