Order 10

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 38 CC NI ACT 16595/2023 JAMMU AND KASHMIR BANK LTD Vs. PANKAJ
CHAUDHARY /0 ()
27.01.2026
This court has a pendency of more than 30000 cases. Shorter dates are not given on account
of heavy pendency.
Present: Sh. Arpit Chaudhary, Ld. Counsel for complainant through VC.
Sh. Ashish and Ms. Priya, Ld. Counsel for accused through VC.
Affidavit of current address filed. Same is 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 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. 2 & 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 on 30.04.2026.
(Akanksha Singh)
JMFC(NIAct)/02/PHC
NDD-ND-27.01.2026
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