Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 63 CC NI ACT / 2536/2023
M/S VITAL HOME CARE Vs. M/S L V
BROTHERS ENTERPRISES THROUGH
ITS PROPRIETOR MR RINKU
(Adarsh Nagar)
23.05.2026
Present: Mr. Vikrant Arora, Ld. Counsel for complainant through VC.
AR of the complainant in person.
Mr. Vijay Kumar, Ld. Counsel for accused with accused.
NBWs previously stayed against the accused are cancelled, subject to cost
of Rs. 1000/-, to be paid to the complainant before NDOH.
Notice u/s. 251 CrPC explaining the substance of the accusation has been
served upon the accused today to which he has pleaded not guilty and has claimed trial.
Statement of accused u/s. 294 CrPC has also been recorded. In view of the
statement of the accused, Ld. Counsel for complainant has submitted that he does not wish to
examine witnesses concerning cheque in question, return memo and postal receipts supporting
delivery of legal notice, being formal witnesses. In view of the statement of accused u/s. 294
CrPC and the submissions of counsel for the complainant, witnesses concerning cheque in
question, return memo and postal receipts supporting delivery of legal notice, are hereby
dropped from the list of witnesses furnished on behalf of the complainant.
In view of the defence of the accused, ld. Counsel for accused has made an oral
application u/s. 145(2) NI Act and has sought permission of this court to cross examine the
complainant. Submissions heard. In view of the submissions made, application u/s. 145(2) NI
Act is hereby allowed.
Since the conclusion of the trial might take more than 06 months and also the
fact that the accused might be sentenced for more than 01 year, accordingly, I order that the trial
of this case be conducted as per the procedure laid down for trial of summons cases.
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At this stage, Both parties have jointly submitted that they wish to explore the
possibility of settlement in the present matter. Accordingly, with joint consensus, the
present matter is referred to Mediation Cell for 28.05.2026 at 12:30 P.M.
Mediation from be signed by both the parties today itslef. Both parties are
directed to remain present during the proceedings before the Mediation Cell and in case
the matter is received back as unsettled from mediation cell due to the non-appearance of
the parties, then serious view will be taken which may include imposition of heavy cost.
In case the matter does not get settled, put up before Court for CE on
27.08.2026.
(GAURAV DAHIYA)
JMFC/NI ACT COURT
NORTHDISTRICT,ROHINI
23.05.2026
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