Order 7

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 48 CC NI ACT / 374/2024
Sainik Finance Vs. Gagan
PS Bhajan Pura
01.10.2026
(VC proceedings through CISCO Webex)
Present: Sh. Nitin Kumar Jain, Ld Counsel for the complainant alongwith
complainant.
Accused in person.
Sh. Ashwani Kumar, LADC for the accused.
Matter is fixed for framing of notice.
Since the accused not able to hire an Advocate he is provided assistance of Ld.
LADC for today only. Accused is further directed to approach appropriate forum.
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 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 05.10.2026, at 01:00 p.m. and returnable to this Court on 15.02.2027 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.
P.A. is directed to update the case and upload the order as per rules.
(SANJANA KASANA)
JMFC(NI ACT)/NE/KKD
DELHI/01.10.2026
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