Interim Order 16

Order Details: COPY OF ORDER
Pdf Text: 1 CC NI ACT 27252/2023 VISHAL SHARMA Vs. JAGPARVESH
(Mandir Marg)
02.06.2026
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.
Present : Sh. Aman Tripathi, Ld. Counsel for complainant
through VC.
Sh. Gajender Kumar, Ld. counsel for accused (9355443644)
alongwith accused.
Matter is listed for furnishing of bail bond and framing of
notice.
Bail bond of Rs. 10000/- furnished. Same are verified and
accepted.
Even though accused had entered appearance through counsel
on previous occassions, copy of the complaint not supplied. It appears that
no such submissoins were made by Ld. counsel on 30.03.2026 and
18.05.2026.
In the interest of justice, let a copy be supplied afresh.
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 251 CrPC 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 to 4 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 251 CrPC, 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.
Let CW1 be present physically on the NDOH.
Now to come up for CE on 07.10.2026.
Accused is at liberty to appear through VC at the stage of CE.
(Anjali Singh)
JMFC (NI Act) – 03/PHC/ND/02.06.2026
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