Full Order Text
Interim Order 8 · 05 Jan 2026 · CNR DLND020314372024
Order Details: COPY OF JUDICIAL PROCEEDINGS Pdf Text: 207 CC NI ACT / 21588/2024 Dsd Enterprises Vs. Binod Keshan /0 () 05.01.2026 This court has a pendency of more than 27000 cases. Shorter dates are not given on account of heavy pendency. Present: AR of the complainant in person. Sh. Kapil Raghav, Ld. Counsel for accused through VC. Accused in person. Matter is fixed for framing of notice today. 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. Fresh evidence by way of affidavit of the substituted AR filed. Taken on record. Copy supplied. 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 upfor CE on 17.03.2026 at 12:00 PM. (Akanksha Singh) JMFC(NIAct)-02-PHC NDD-ND-05.01.2026 -- 1 of 1 --