Interim Order 8

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 36 CC NI ACT / 25797/2024 NEETA VAMAN SHETTIGAR Vs. DEEPAK UTTAM
NAIK / ()
22.05.2026
There is pendency of more than 38,000 cases in the present court, therefore, it is not
possible to give shorter date in the cases.
Today, the undersigned is working as Duty JMFC.
Present : Sh Chander Bhan Kumar, Proxy Counsel for complainant.
Sh Sidesh Goltekar, Ld. counsel for accused alongwith
accused and surety in person.
Matter is listed for furnishing of bail bonds/ framing of
notice.
Bail bonds furnished. Same are verified and accepted.
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. 2 and 3 i.e. concerned clerk/ official from
concerned bank are dropped.
Ld. Counsel for the accused has moved an application U/s
145 (2) NI Act. Taken on record.
Ld. Counsel for complainant has no objection to the
aforestated application.
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 application is allowed. The accused is
granted opportunity to cross examine the witnesses of the complainant.
CW1 is directed to enter physical appearance on the NDOH.
Accused is at liberty to appear through VC at the stage of CE.
Now to come up for CE on 26.09.26 at 11:30am.
Date is given at the joint request of both the parties.
(Anjali Singh)
JMFC (NI Act) – 03/PHC/ND/22.05.2026
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