Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 84 CC NI ACT / 23652/2024
Lajwanti Vs. Simran
04.10.2024
Present: Sh. Akash Kasana, Ld. Proxy Counsel for the complainant.
Ms. Sija Nair, Ld. Counsel for the accused.
Accused in person.
Today, an application has been filed on record on behalf of
accused seeking permission to file personal bond in the matter.
Considering the submissions, the application in hand stands
allowed and the accused is admitted to bail subject to furnishing of
Personal Bond in the sum of Rs. 20,000/- each. Personal Bond is
furnished. Same is accepted by court till the NDOH. SHO concerned is
directed to verify the address of the accused. Report be filed on the
NDOH.
Heard on the point of notice. Prima facie case is made out
and accordingly notice framed against accused u/s 138 NI Act to which
accused pleads not guilty and claim trial.
At this stage, admission/denial of documents under Section
294 Cr. P.C. done. Accused states that he will not dispute the genuineness
and correctness of cheque in question, returning memo, legal demand
notice and postal receipts. Hence, three witnesses i.e. witness at serial
no. 2, 3 and 4 are dropped from examination.
In view of the defence disclosed under notice of substance
of accusation filing of application u/s 145 (2) NI Act is hereby dispensed
and accused is allowed to cross examine the complainant in consonance
with the defence raised.
Considering the nature of proceeding, present case be tried
as a summons triable case.
Complainant is directed to remain present on NDOH.
At this stage, both the parties submits that there are ample
chances of settlement in this matter.
Let, matter be put up with consent of both sides before
Mediation Cell on 15.10.2024 at 02:00 pm and returnable to this Court on
14.01.2025 after process of mediation/ CE.
Parties are directed to appear in person before Mediation
Center, Patiala House Court Complex and before the Court on dates fixed.
Ahlmad is directed to send the file complete in all respects to
Mediation Cell well in time.
(Abhinav Singh)
JMFC-04(NI Act)/PHC/NDD
04.10.2024
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