Interim Order 5

Order Details: COPY OF ORDER
Pdf Text: 3 CC NI ACT 1487/2023
M/S ORSONS HOME APPLIANCES Vs.
M/S DASHMESH ELECTRICALS
(Model Town)
12.07.2025 (Proceedings conducted through Cisco Webex)
Present: Sh. Mukesh Mishra, Ld. Counsel for the complainant.
Sh. Varun Gaur, Ld. Proxy Counsel for the accused along with accused.
Matter is listed for framing of notice.
In the opinion of this Court, there is prima-facie case against the accused person for
offence punishable under Section 138 N. I. Act and the contentions of defence can only be decided by
way of trial. Hence, notice for offence punishable under Section 138 N. I. Act put to accused person to
which he pleaded not guilty and claimed the trial. Plea of defence of accused side also recorded. The
plea as was recorded was viewable to both the parties via screen share. Ld. Counsel for the accused is
directed to furnish duly signed notice and plea of defence through email ID of the court.
Admission/ denial of documents as per Section 294Cr.P.C. also recorded and thereby formal
witnesses at serial No. 2 and 3 are dropped from the list of witnesses.
Considering the fact that no plausible defence has been taken by the accused pursuant to
framing of notice and as no cogent material is available with the accused to be put to the complainant
in cross-examination, this is not a fit case where an opportunity must be given suo moto to the accused
for cross-examination u/s 145(2) NI Act. Further, since the issuance of cheque, signatures on the
cheque, receipt of legal notice, liability to the extent of cheque amount is already admitted, there is no
triable issue on which evidence is required to be led. Accordingly, matter is tried summarily.
As the accused is ready to settle the matter and the complainant is not, the matter is not referred
to mediation.
However, as the accused has admitted his liability nothing remains to be recorded in substance
of evidence.
Put up for judgment on 05.08.2025.
(PRIYANKA GARTAN)
Judicial Magistrate First Class
(NI ACT) Digital Court No.2
North District Rohini Courts,
12.07.2025
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