Order 5

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 86 CC NI ACT / 46949/2025 JCDecaux Advertising India Private Limited Vs. Bemisales
Media /0 (Barakhamba Road)
10.09.2026
This court has a pendency of more than 38000 cases. Shorter dates are not given on account
of heavy pendency.
Present: Sh. Bal Krishan Sharma, Ld. Counsel for complainant.
Ms. Aprajita Singh, Ld. counsel for the accused with accused.
Matter is fixed for framing of notice and furnishing of bail bonds today.
Bail bonds to be furnished by the NDOH.
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
cheques, return memos and legal notice. Consequent to admission, witnesses cited at Sl. No.
2 & 3 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.
Accused has orally made a request under Section 145(2) NI Act for cross-
examining the Complainant. Ld. Counsel for the complainant has submitted that the
complainant has no objection to the same. Keeping in view the defence raised by the accused,
I am of the considered opinion that the cross-examination of the Complainant
is pertinent to facilitate the course of justice.
Application stands allowed.
The present matter has been identified as suitable for mediation by this
Court.
At this stage, Ld. Counsel for the accused submits that there are chances of
settlement in the matter and requests that the matter be referred to Mediation. Ld. Counsel
for complainant also submits that the matter be referred to mediation.
In view of the same and consent of both the parties, let the matter be
referred to Mediation for the purpose of settlement. Parties are directed to appear before the
Mediation Cell, PHC, Delhi on 25.09.2026 at 02:00 PM and before this court on 18.12.2026
for report of mediation.
It is clarified that in compliance of the law laid down by Hon’ble Supreme
Court in Dayawati vs. Yogesh Kumar Gossain, 2017 SCC OnLine Del 11032, both the
parties are required to appear before the Court on the next date of hearing for recording of
their statement if the mediation succeeds.
Reader/Ahlmad is directed to send the copy of this order to Mediation Cell,
PHC well in time.
Put up for report on mediation/further proceedings/ CE on 18.12.2026.
(Akanksha Singh)
JMFC(NIAct)/02/PHC
NDD-ND-10.09.2026
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