Interim Order 8

Order Details: COPY OF ORDER
Pdf Text: 74 CC NI ACT / 25197/2024 New Saraswati House India Pvt Ltd
Vs. M/s Buxar Book World
24.12.2025
There is pendency of more than 31,000 cases in the present court, therefore, it is not
possible to give shorter date in the cases.
PARCHA YADASHT
Present: Sh Punendu Rai, Ld. Counsel for complainant through VC.
Accused in person with ld. Counsel Sh. Nitin Kumar.
Matter is listed for furnishing of bail bonds/ framing of notice.
The court is constrained to frame the notice from perusal of the digital file
as the accused has traveled from Bihar, despite a parcha being issued in the matter.
This court is of the view that there is prima-facie case against the accused
person(s) for offence punishable under Section 138 r/w 141 N. I. Act and the contentions of
defence can only be decided by way of trial.
Substance of allegations against the accused have been explained to
him in vernacular. Notice U/s 274BNSS served upon accused to which he pleaded not
guilty and claimed trial and further disclosed his defence. Plea of defence of accused is
recorded. Statement of accused regarding admission/ denial of documents also got
recorded. The accused has admitted the dishonor memo and postal receipts of legal demand
notice, accordingly, witnesses at Sr.No. 3 to 5 i.e. concerned clerk/ official from concerned
bank are dropped.
In view of the defences disclosed by the accused in notice of
Accusation framed U/s 274 BNSS, I do not deem it fit to try the case summarily. As such, I
am inclined to grant opportunity to accused to cross examine the witnesses of the
complainant side, specially keeping in view the fact that if the trial results in conviction
imprisonment exceeding one year may have to be passed, as such, this complaint would be
tried as summons trial case. Accordingly, the requirement of filing application u/s 145(2) NI
Act is dispensed with. The accused is granted opportunity to cross examine the witnesses of
the complainant.
At this stage, both parties have submitted that there are chances of
settlement and the matter may be sent for mediation. At request, let the matter be put up
before Mediation Cell on 17.01.26 at 12:00 Noon, returnable to this court on the NDOH,
after process of mediation. Accused is at liberty to appear through counsel.
Both the parties are directed to appear before mediation Centre on date
and time already fixed.
It is clarified that if parties fail to appear before the Mediation Cell on
the date and time fixed, cost will be imposed on the next date of hearing. Both the parties
are hereby directed to be present in the court on the next date of hearing for recording of
statement if the mediation succeeds and in case mediation fails, parties shall appear before
this court for the purpose already fixed.
Ahlmad is hereby directed to send complete file to the Mediation Cell
well in advance.
Now to come up for report on settlement, otherwise for CE on
07.04.26.
Accused is directed to appear in person on the next date of hearing.
(Anjali Singh)
JMFC (NI Act) – 03/PHC/ND/24.12.2025
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