Interim Order 5

Order Details: COPY OF ORDER
Pdf Text: 35 CC NI ACT / 162/2025
SHRIRAM FINANCE LTD Vs. VISHAL SINGH THAKUR
PS Bhajan Pura
29.09.2026
(VC proceedings through CISCO Webex)
Present: Sh. Abhishek Kumar, AR for the complainant with ld counsel
Sh. D.P. Rana and Sh. Shivam Sharma.
Accused with ld counsel C.M. Prasad.
Matter is fixed for appearance of accused.
Ld. counsel for the accused submits that he has already filed his vakalatnama.
Accused is directed to file personal bonds and surety bonds in sum of
Rs.30,000/- each. Surety to appear on the NDOH.
Since the present offence is bailable in nature, the accused is admitted to bail
subject to furnishing of personal bonds.
Copy of complaint already received by the accused.
At this stage, notice u/s 251 Cr.PC has been framed against the accused to
which he pleaded not guilty and claimed trial.
Admission and denial of documents u/s 294 Cr.PC has also been conducted.
Separate statement of the accused recorded and duly signed by him.
In terms of the statement, witness mentioned at serial no. 2,3 &4 of the list of
witnesses are hereby dropped.
Ld. counsel for the accused submits that he wishes to move an application u/s
145(2) of the NI Act by the next date of hearing. Ld. counsel for the complainant submits that
he has no objection if the oral application is allowed. In view of the submission, the oral
application u/s 145(2) NI Act is allowed. This court does not deem it appropriate to try the
case summarily since the 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.
On little interaction, it appears that ample chances of settlement exist in this
matter. Parties have agreed to appear before Mediation cell. Both parties have been explained
the procedure and advantages of mediation process. The parties have been explained the law
laid down in
Dayawati v. Yogesh Kumar Gosain, 2017 SCC OnLine Del 11032.
Let, matter be put up with consent of both sides before physical Mediation Cell
on 08.10.2026, at 12:30 p.m. and returnable to this Court on 09.03.2027 after process of
mediation.
Parties are directed to appear before Mediation Cell and before the Court on
dates fixed. It is clarified that if the parties fail to appear before the mediation cell on the date
and time fixed cost will be imposed on the next date of hearing. It is further clarified that in
compliance of the law laid down in
Dayawati v. Yogesh Kumar Gosain, 2017 SCC OnLine
Del 11032, both parties be present in the Court on the next date of hearing for recording of
statement if mediation succeeds.
In case mediation fails, the parties be present before the Court on the next date
of hearing for CE and further proceedings
Ahlmad is directed to send this order sheet to the Mediation cell, KKD.
(SANJANA KASANA)
JMFC(NI ACT)/NE/KKD
DELHI/29.09.2026
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