Interim Order 19

Order Details: COPY OF ORDER
Pdf Text: 43CC NI ACT1161/2023NARESH KUMAR Vs.
YOGENDERKUMAR/0 (Begum Pur)
30.05.2026
One of the regular stenographer is on half day leave.
At about 1.00 pm, while the Court proceedings were going on,
suddenly the court computer crashed and the stenographer
reported that the morning order sheets were not visible.
Computer branch was informed. However, despite efforts made
by Computer Branch, morning order sheets in several matters
could not be recovered Dates have been noted by the Reader in the
physical cause list and orders are being re-typed as far as possible
on the basis of memory.
Present : Sh. Bharmanand Gupta, Ld. Counsel for the
Complainant with complainant.
Sh. Ravinder Gupta, Ld. Counsel for Union Bank of
India.
Ms. Kavita Rani, Senior Branch Manager, Canara Bank,
Sector 5, Rohini in person.
The bank manager submits that she had not
received any documents in this case however, after seeing the case file
she submits that the alleged documents purported to be the return
memo is not a return memo at all. She further submits that the cheque
is not an account payee cheque and the complainant may have
presented the cheque for cash withdrawal. However, cash withdrawal
using cheque is not permitted for 3rd parties and the bank may have
informed him accordingly.
Considering these submissions the aspect that cheque
bearing no. 320 was ever presented for encashment becomes doubtful.
Ld. Counsel for the complainant submits that the
cheques was presented in the account of complainant who operates the
bank account Canara Bank Rohini itself. However, upon query made
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to the complainant in this aspect he has categorically denied that he
ever had any account in Canara Bank.
Signatures of bank manager from Canara Bank and the
complainant have been taken on this ordersheet to signify their
presence and statement.
As far as Union Bank of India is concerned it is
submitted that the bank had not received the relevant documents. Ld.
Counsel for the complainant undertakes to supply the copy of cheque
and return memo to the counsel appearing for Union Bank of India.
Put up for any further clarification on the aspect of
maintainability of this complaint with respect to cheque no.
320/clarification from Union Bank of India on NDOH. i.e.
06.11.2026.
Diet money has not been paid to the witness appearing
from Canara Bank as the complainant submits he needs some time to
arrange diet money of Rs. 300/-.
Complainant is directed to pay the diet money to witness
via online mode and file proof of compliance by NDOH.
Diet money to witness from Union Bank of India shall
be paid before the appearance of the witness on the contact details
provided by the counsel for the Bank.
(APOORV BHARDWAJ)
JMFC-02, NORTH WEST DISTRICT
ROHINI COURTS DELHI/30.05.2026
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