Interim Order 5

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 56 CC NI ACT / 28217/2024 M/s ABBA Consultants Pvt Ltd Vs. Mr
Vibhor Massey / ()
20.08.2025
This court has a pendency of more than 16500 cases. Shorter dates are not
given on account of heavy pendency.
Present: Sh. Vinod Gaur, Ld. counsel for complainant with Director of the
complainant company.
Sh. S.K. Sinha, Ld. counsel for accused with accused.
Matter is fixed for report on BWs.
The accused has entered his appearance today.
Ld. Counsel for accused has moved an application for cancellation of BWs
along with fresh vakalatnama. Taken on record.
In view or the reasons stated in the application, the BWs stand cancelled.
Since the offence is bailable, accused is admitted to bail subject to
furnishing of bail bond for a sum of Rs.80,000/- collectively for the two matters
with one surety of like amount. Time is granted to furnish the same.
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.3, 4 & 5 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.
Both the parties jointly submit that there are chances of settlement in the
matter as the accused is willing to pay the cheque amount. The accused undertakes to make
the payment of Rs.50,000/- collectively in all two matters by the NDOH.
Put up for verification of payment on 31.10.2025.
(Akanksha Singh)
JMFC(NIAct)-02-PHC
NDD-ND-20.08.2025
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