Interim Order 9

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 34 CC NI ACT / 1567/2023
Rakesh Kumar Vs. Sourabh
(Gokul Puri)
12.01.2026
(VC proceedings through CISCO Webex)
Present: Complainant with ld counsel Sh. P.S. Dhaka.
Accused produced after fresh arrest on execution of NBWs.
HC Amit NO. 797/NE , PS Gokul Puri in person.
Accused has been produced before me after fresh arrest within 24 hours.
He has been informed about the ground of arrest and intimation with
respect to his arrest has been given to his uncle namely Pradeep.
MLC and arrest memo perused. No external injuries present.
At this stage, bail application has been moved on behalf of the accused on
the ground that the accused was under the impression that the matter has been settled
between him and gthe complainant as he has given some amount to the complainant.
Objected to by the counsel for the complainant. It is submitted that the
matter was never settled between the parties and the accused is only trying to delay the
matter.
Accused undertakes that he shall appear before this court on each and every
date of hearing.
Submissions heard.
Considering the averments made in the application and taking a lenient
view, the accused is hereby admitted to bail subject to furnishing of bail bonds in the sum
of Rs.20,000/- with one surety in the like amount and subject to the following conditions:
1. In case of change of residential address of accused, he shall intimate the
court about the same.
2. That he shall regularly appear before this court on eachg every date of
hearing.
At this stage, personal bonds furnished. Accepted till the NDOH.
Surety to appear on NDOH.
The accused is also additionally burdened with the cost of Rs.1,000/- to be
deposited in the court. Cost paid. Receipt be issued.
Copy of this order be sent to concerned SHO for intimation.
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 11.06.2026.
PA is directed to do updation of the case and upload the order as per rules.
(NISHTHA MEHTANI)
JMFC(NI ACT)/NE/KKD
DELHI/12.01.2026
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