Interim Order 9

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 43 CC NI ACT 1269/2023
SH. AKASH BHATI Vs. JAIBIR @BABBU
24.07.2026
(VC proceedings through CISCO Webex)
Present: Sh. H.S. Singh, Ld Counsel for the complainant.
Accused with ld counsel Sh. Nishant Kumar and Sh. Sanjeev Kumar.
An application for cancellation of NBWs has been received on the ground that
he had forgotten the date of hearing, hence could not appear before this court on the LDOH.
Submissions heard and record perused.
Accused undertakes that he shall appear on each and every date in future. Ld.
counsel also gives his undertaking to let the accused appear on each and every date in future.
Heard.
Taking a lenient view in the present matter and in view of the submissions
made, NBWs issued against the accused Jaibir @ Babbu are hereby cancelled subject to cost
of Rs.1,000/- to be paid to the complainant. Cost paid.
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.
Both the parties are directed to appear on NDOH.
Put up for CE on 10.12.2026.
PA is directed to do updation of the case and upload the order as per rules.
(SANJANA KASANA)
JMFC(NI ACT)/NE/KKD
Court/DELHI/24.07.2026
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